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{
    "id": 1505566,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1505566/?format=api",
    "text_counter": 182,
    "type": "speech",
    "speaker_name": "Sen. Okoiti Omtatah",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, thank you for the opportunity to address the House. I stand to oppose the decision to reduce the amount of money going to the counties from Kshs400 billion. Counties are struggling. They do a lot of work. As I speak right now, a lot of devolved functions do not have the resources to be implemented or carried out. Money has remained in the national Government and yet functions have been devolved. On that premise alone, I would not be willing to touch whatever has been allocated to the counties, especially given that even the audits that are forming the basis of the allocation are so many years behind time. So, we are not even realistic about the way we are going. Number two, I have yet to see a formula by which the DORA can be revised. As Sen. M. Kajwang’ has just observed, the reduction in the amount of money going to counties will cause a difficult situation on the ground. Counties have passed budgets based on the allocations they were given. Now, we want counties to supplement those budgets. Even when supplementing the budgets, they have an obligation to be faithful to the law. Whereby they can only supplement the budget by not more than 10 per cent per item. We are inviting counties to be in a situation whereby they may have to break the law. As regards the decision of Justice Ngaah, which I laud, the three months within which Parliament should approve the reports of the Auditor-General are basically cast in stone unless we amend the Constitution. It is time we try to have fidelity to the Constitution, so that things can work like clockwork. This business of saying that the Constitution is to be implemented piecemeal or haphazardly is the reason why this Constitution looks a bit difficult to implement. If you are faithful to the Constitution and implement it 100 per cent, we would find ourselves in a situation where it has a working mechanism whereby none of its parts is abiding by the other. Even if you come to a situation where it is not properly implemented, it is like having a powerful machine – say a 2,000-monster machine. Its wheels are deflated and it cannot work. However hard the engine roars, it cannot work. Let us implement this Constitution fully. I laud Justice Ngaah for his ruling. It is upon us to pull up our socks. We can apply for some review to institute some structural interdicts whereby the court can allow us some dispensation for some time, during which we can catch up. However, we must focus on dealing with these audits and make sure that the audits are looked at by Parliament within time so that county governments can get their rightful share of the equitable funds. 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."
}