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{
    "id": 1478190,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1478190/?format=api",
    "text_counter": 231,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "If I remember very well, this Senate passed the Division of Revenue Bill and the County Allocation of Revenue Act (CARA). Therefore, the only thing we are waiting for is for the President to assent to CARA. I held an earlier consultation with the Chairperson of the Standing Committee on Finance and Budget. The only point that I could see that we are differing is that we already have DoRA, which has already been assented to. So, the advisory given by the Attorney General is sound. However, I still feel like even that advisory came short of saying that the Parliament - the National Assembly and the Senate - have already passed a law. We cannot bring an argument and say that now because you want to amend a law, you stop operating with the existing law. So, the Cabinet Secretary in charge of Finance really ought to just follow the law and ensure that money is sent to counties. We cannot say we are now putting everything in abeyance until we have a new amended DoRA. In fact, this will be the first time that people will amend the DoRA. I have sat here and we have never amended DoRA. We passed CARA and CARA was passed by the National Assembly. It was just waiting for it to be assented to. Surely, we cannot be sitting here and even entertaining a debate over amending DoRA. The earlier debate that we had here when that Order was called is because we know that this House passed DoRA and the law is in existence. So, I do not even know why the Standing Committee on Finance and Budget entertained having this business of saying let us use Regulation 134, yet there is an existing Act of Parliament. Therefore, that is the only challenge we have. This is where now we have to argue and see what will befit us. Article 219 of the Constitution of Kenya on transfer of equitable share says: “A county’s share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article 225.” Since we passed and agreed to send Kshs401 billion to our counties, if we have a shortfall, I do not believe that we are losing the Kshs400 billion. This will be now the third quarter or the second quarter. Why can we not release money and then in the process, if this House and the National Assembly agree to amend DoRA, then the money can be reduced? So, apart from arguing that we should use the previous DoRA and CARA and also the previous Cash Disbursement Schedule as the law envisioned, let us continue applying the existing law that we passed, so that we do not ground our counties to a halt. What is so hypocritical is that currently the national Government is continuing with its programmes. It is a pity that our county governments are at a halt because there is no money being sent to them."
}