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{
"id": 1502652,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1502652/?format=api",
"text_counter": 84,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
},
"content": "would have wished for more resources, but we have to live with certain realities. In fact, on that particular point, I would like to say that the Constitution did us in with that particular regard. If you read Article 217 of our Constitution on Division of Revenue, once every five years, and I think we shall be undertaking this exercise next year, which is an interesting experience and I would like Sen. Sifuna to fully participate when the time comes because it is one of the key eye openers for you as a senator when you participate in this exercise, we come up with the basis upon which resources are shared amongst counties. Since the Constitution understood and knew that it is a Senate of the Republic of Kenya that is a primary defender of devolution, they gave us enormous power with regards to deciding this basis. Properly guided and guarded, we on this provision that once we have passed the resolution, it is the only Clause or the only report that once it leaves this House, if the National Assembly wants to overturn it, they need to raise two- thirds. Therefore, for the three or four occasions that we have had the occasion to pass the revenue formula, the National Assembly, though they disagree with us, have never had occasion to question us because the Constitution appreciated that as a Senate, that is our forte and it is upon us to determine. Once we have agreed on the basis upon which counties share these resources, the National Assembly takes a nod and if they disagree with us, they have to raise two thirds of the House. They put us on the same pedestal like a constitutional requirement or like the impeachment of a president or a deputy or the overturning of a presidential memorandum. I appreciate that. However, when you move to Article 218, that is where I complain and is the basis of my complaint. I wish that on this matter of division of revenue and the determination of resources between the Senate and National Assembly, we had retained similar powers as such that once we consider division of revenue, because we are reasonable people, it is not that we are going to sit and say give Kshs800 billion to counties, yet we are aware of our financial position. We would have been moderate in our consideration. I wish we had similar powers as what has been provided in Article 217, as such that upon the determination by the Senate of how much is due to the counties, then National Assembly will need two-thirds to overturn it. However, here we are. Article 218 expects that Parliament shall make the decision. Parliament means both Houses. Therefore, as much as many of our colleagues, because I have followed the conversation with comments being made by some of our colleagues on our social media platforms saying, “Colleagues, how could you agree to this or the other?” It is not upon them alone to agree. It is the duty of Parliament. Both Houses must come to a conclusion. Mr. Deputy Speaker, Sir, sometimes it is not courage to bang yourself on the wall. It is not an act of courage because you are hurting yourself. Two weeks ago, I pointed out to this House that I was beginning to receive Short Message Services (SMSs) from governors that know me. Their question was, Senate Majority Leader, are you likely to conclude on the Division of Revenue before you proceed on recess? When you ask them why they reply that they want to do a supplementary budget so that they get a rough idea. Imagine that many of our counties are about to break for 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."
}