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{
    "id": 1498218,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1498218/?format=api",
    "text_counter": 378,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": "Under Articles 209 and 210 of the Constitution, there is nowhere that requires Parliament - the National Assembly or the Senate - to generate any Bill or legislation to guide how the county governments will impose taxes. There are principles of national economic policies, economic activities across county boundaries or national mobility of goods, services, capital or labour. The Constitution does not domicile the determination of whether a tax is against the national economy or policy under its economic activities across the boundaries or affects the mobility of goods and services either in the National Treasury or any amorphous body that is being purported to be here. It does not also recite those powers under the Commission on Revenue Allocation (CRA). The most hilarious part of the Bill is Clause 8. It purports to create an Inter-Agency Transitional Committee to review the taxes, charges and fees that are envisaged under Clause 7 of this Bill. It says the taxes that have been imposed will be taken to be properly imposed. They are imposed in compliance with legislation as provided for under Article 209(5) of the Constitution. The purported Inter-Agency Transition Committee is actually usurping the powers of the Inter-governmental Budget and Economic Council (IBEC) as established under the County Governments Act. What are we talking about? Allow me - and I will seek your indulgence - Section 132 of the Public Finance Management Act, in relation to county governments, says that not later than 90 days after passing the Appropriation Bill, shall the county assembly consider and approve the Finance Bill with or without amendments. The Bill says that if a county government intends to impose any revenue-raising measure, it must submit its proposal to the National Treasury and CRA 10 months before the imposition. However, the Public Finance Management Act talks about 90 days. Is this not a contradiction? Are we purporting to amend the Public Finance Management Act? Then, in that event, the memorandum of objects and reasons of the Bill should clearly state that we are trying to oust the provisions of the Public Finance Management Act and impose a new one. As I said, we are so quick to legislate to resolve a matter of no national importance. Whip of the Minority Party wondered loudly a few hours ago in this afternoon Sitting. When Hon. Millie does that, it should concern the fabric of this nation. Why are we in a hurry to break, fix, spoil and damage things that are working so they do not work? This Bill purports to literally superintend the national Government or National Treasury and county governments in blatant contradiction to the Constitution. Just give me a second to conclude, Hon. Temporary Speaker. Again, under Clause 9(2), the Committee shall, in consultation with the public, review the taxes, charges and fees under section 7 and make recommendations on the allowable list of such taxes, charges and fees to the Cabinet Secretary for consideration. What if the commission or the committee says the fees, licenses, charges and taxes that we imposed prior to the coming into effect of this Bill were unconstitutional, against the public spirit, and were rejected by the people of Kenya?"
}