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"speaker_name": "Sen. Faki",
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"legal_name": "Mohamed Faki Mwinyihaji",
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"content": "Thank you, Mr. Speaker, Sir. We had our first meeting of the Mediation Committee on Thursday last week. We had a morning session, which was very acrimonious, because the Members of the National Assembly were of the opinion that we could not discuss the Division of Revenue Act (DORA) before the Road Maintenance Levy Fund (RMLF) cases that have been filed in court are withdrawn. We argued for about two hours and adjourned for lunch. When we came back, we were able to agree on a raft of issues that could be considered pending resolution of the mediation. The meeting was then adjourned to Tuesday at 10.00 a.m. Again, we met on Tuesday. However, the Members of the National Assembly were still of the firm opinion that we could not discuss anything until the RMLF issue is resolved. On our part led by our Chair, Sen. Ali Roba, we informed the Members of the National Assembly that the case that has been filed is not in our hands, neither do we have any leverage or control over the Council of Governors (CoG). Therefore, issues arose as to whether we could amend DORA or the Appropriations Act. Additionally, there was the fact that His Excellency the President had sent a memorandum to both Houses of Parliament on the issue of Commission on Revenue Allocation (CARA). Besides, in the memorandum sent to the House, the President is speaking of Kshs380 billion going to the counties, but already we had passed DORA with Kshs400.1 billion. Our legal counsel advised the committee that DORA is the beginning of all the financial instruments that are made every year. Thus, if any legislation is against DORA, it means that legislation is null and void. So far, we are at a stalemate because the Members were of the opinion that if we are not going to resolve RMLF, even if we agree at the Mediation Committee, they will not implement or accede to that agreement in their House. The meeting adjourned without any specific date for the next meeting so that Members of both Houses could consult to get a way forward over this legislation. The way things are, many counties are suffering. Many have been unable to pay salaries while others have resorted to short-term loans from their bankers. This will also add to the cost of doing business in those counties. Consequently, the earlier we are able to resolve this stalemate, the better. Mr. Speaker, Sir, I will implore you to speak to your counterpart so that maybe the position that has been taken by the other House could soften. We were ready to sit down on the issue of quantum on whether we could reduce the Kshs400.1 billion to a The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}