HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1477477,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1477477/?format=api",
"text_counter": 162,
"type": "speech",
"speaker_name": "Sen. Ali Roba",
"speaker_title": "",
"speaker": null,
"content": "It is disappointing to note that these arrears have since been removed in the Supplementary Estimates I for financial year 2024/2025 and the current proposed allocation to the fund stands at Kshs8 billion. Madam Temporary Speaker, even the Equalisation Fund Appropriation (No.2) Bill, 2023, currently before this House, has faced a similar fate with a reduction of Ksh790 million from the Kshs2.5 billion allocated for the partial payment of arrears. There is simply no commitment towards conclusively addressing the issue of the accumulation of arrears from the National Treasury. Similarly, in the financial year 2022/2023, the amount of Ksh10,330,317,433 appropriated through the Equalisation Fund Appropriation Act, 2023 was revised to zero, which is a complete legality, at the time of approval of the Supplementary II for the financial year 2023/2024. This is despite the enactment of the Equalisation Fund Appropriation Act, 2023, on 30th June, 2023. To address this anomaly, the National Treasury committed to allocate Kshs10.3 billion in the 2023/2024 Supplementary Budget. However, despite the consideration and approval of two supplementary budgets in that financial year, the allocation of Kshs10.3 billion in line with the existing Act was never even a consideration. This is not only disappointing, but also an illegality to have an Act in place without the corresponding allocation. To this extent, therefore, the arrears to the fund are higher than reported and actually stand at Kshs43,928,034,866. Madam Temporary Speaker, the difficulties that this Fund has faced are alarming in and of itself when considered within the context of the sunset clause in Article 204(6) of the Constitution they become disastrous. Under Article 204(6) of the Constitution, the Fund has a lifespan of 20 years. This means that presently, and barring an extension under Article 204(7), the Fund has six years to accomplish its objectives. Taking into account the constitutional provision that Parliament may enact legislation to extend the lifespan of the fund, in October 2023, the Senate passed the Equalisation Fund (Administration) Bill (Senate Bills No.14 of 2023), which seeks to repeal and replace the PFM (Equalization Fund Administration) Regulations, 2021, and also to extend the life of the Fund for a further, non-renewable term of ten years from the date upon which the Fund would have lapsed. However, since the Senate passed the Bill on 10th October, 2023, it has stagnated in the National Assembly, and there is no clear indication of when the National Assembly will finalize on it. This brief overview I have given here today on the operationalization of the Fund is, therefore, an elegy of a promise unfulfilled. The Constitution of Kenya 2010 represented a new dawn for this country and held within its provisions the means to correct injustices resulting out of systemic underdevelopment in various parts of this country. The Fund was intended to be the first step towards ensuring that development is inclusive and equitable. This statement, therefore, is a rallying clarion call to both Houses of Parliament and the National Treasury to recommit to the constitutional values of inclusive development and the protection of marginalised communities and prioritize the passage and implementation of laws and policies for the implementation of this Fund. It is signed by Sen. Ali Roba, the Chairperson of Standing Committee on Finance and Budget and the party leader of United Democratic Movement. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}