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{
    "id": 1478187,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1478187/?format=api",
    "text_counter": 228,
    "type": "speech",
    "speaker_name": "Sen. Ali Roba",
    "speaker_title": "",
    "speaker": null,
    "content": "It is to be expected that each County Assembly would have to readjust their respective budget and appropriation Bills accordingly; and, (b) The percentage of money to be withdrawn is based on equitable allocation to counties in the Division of Revenue Act of the preceding financial year. In keeping with the spirit of Article 222(2)(b) of the Constitution of Kenya 2010, the money to be withdrawn shall be 50 per cent of the total equitable share allocated to counties in the Division of Revenue Act. Mr. Deputy Speaker, Sir, the opinion of the court as set out was premised on the fact that Article 222(1) of the Constitution provides an avenue for the continuation of the national Government business where the Appropriation Act has not been assented to. The Constitution could not countenance that there would be any remedy for the County Government to access a percentage of national race revenue to avoid paralysis in service delivery at the counties. Mr. Deputy Speaker, Sir, while Advisory Opinion No.3 of 2019 dealt with the question of transfers to counties in the event of a delay in the enactment of the Division of Revenue Bill, the conclusion arrived at by the court supports the provision of Regulation 134(1) – That the counties must access a percentage of nationally raised revenue in the event of delay in the passage of any one of the legal requirements to facilitate that. The Committee is privy to an advisory that has been rendered by the Attorney General to the Cabinet Secretary for National Treasury and Economic Planning dated 20th September, 2024, in which the Attorney General canvasses the provisions of Regulation 134(1) of the Public Finance Management National Government Regulation 2015 and Advisory Opinion No.3 of 2019 and advises the National Treasury as follows- That the applicable law that would allow the disbursement of equitable share to the counties is Regulation 134(1) of the Public Finance Management, National Government Regulation 2015. Both Regulations 134(1) and Supreme Court Advisory Opinion No.3 of 2019, provide the same remedy for the disbursement of up to 50 per cent of the total equitable share to the County Government in the absence of the County Allocation of Revenue Act. In light of these provisions of the law canvassed in this Statement, the Standing Committee on Finance and Budget has written to the National Treasury and the Controller of Budget (CoB) to direct as a matter of utmost urgency, the authorisation and withdrawal of up to 50 per cent from the Consolidated Fund, based on the last County Allocation of Revenue Act approved by Parliament for meeting expenditure for the county government for the financial year. I thank you."
}