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{
    "id": 1503126,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1503126/?format=api",
    "text_counter": 366,
    "type": "speech",
    "speaker_name": "Kikuyu, UDA",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": null,
    "content": "That is to tell you that the drafters of our Constitution 2010 anticipated or envisaged situations where there is no prohibition by legislation that the two levels of Government may transfer functions. The drafters of our 2010 Constitution anticipated or envisaged that situations may arise where there is no prohibition by legislation that the national Government may find that a particular function that is given to it under the Fourth Schedule of our Constitution is better performed at the county level and may therefore seek to transfer that function. Conversely, also, a county government may find that a particular function conferred to them under the Fourth Schedule of our Constitution is better performed by the national Government. Therefore, we need a law or this amendment to actualise the provisions of this Article of the Constitution. Article 187(2) of the Constitution says that if a function or power is transferred from a government at one level to a government at the other level, arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred. Article 187(2)(b) says that constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule. The Mover of the Motion, my very able Deputy Whip, said that we are actualising the resourcing of these transferred functions. In doing so, we are actualising Article 187(2)(a) of the Constitution that we shall have in place arrangements to ensure resources necessary for the performance of that function that is being transferred follow that function. Our colleagues in the Senate are fond of saying that resources follow functions. That is what Senators keep telling us. In fact, even governors have, for the last 10 years, been saying that resources follow functions. Therefore, if we have devolved functions to county governments, resources must follow. We are now also, from the National Assembly today, telling them the same. A county government may decide by agreement to designate a certain function that belongs to the county government to the national Government. For instance, the county government of Kiambu, where I come from, may decide to designate the running of level one, two and three hospitals to the national Government because they feel they do not have the adequate capacity or that function will be better performed by the national Government. I encourage many county governments to consider ceding, for instance, Level 4 hospitals to the national Government. What we are now saying in this Bill is that if that situation arises by agreement, then the particular county government, as I gave the example of Kiambu County, if they had budgeted for resources for that particular function, then those resources must follow that function to wherever it is going and the budget as was approved. I do not want to belabour what the Mover of the Motion has already said. We must have cash flow projections as provided for in Clauses 186F and 186E. All those speak to that particular issue. Therefore, this is a simple and easy Bill with only two clauses. I ask Hon. Members to support the Bill. There is another Bill with amendments to the Public Finance Management Act. Without anticipating debate, I beg to second and ask members to support."
}