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{
    "id": 1519998,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1519998/?format=api",
    "text_counter": 387,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": "roles of the Executive and that of the Legislature, as envisioned in our Constitution. Instead, we recommend to replace the nomination of a person from the Senate to require that the Fund nominates persons with disabilities, interest groups and young people in the areas where these particular funds will operate. Additionally, the Committee proposes that individuals appointed under this section shall be gazetted. Further, they should serve for a term of three years, with the possibility of renewal. The board shall provide sufficient time to effectively implement and realise its vision. This is in line with the Mwongozo Code of Governance for State Corporations, which provides for the number of people that should be appointed to any board and the terms of service. Further, it recommends a three-year term, renewal for the board members. This Bill proposes to adhere to that provision. In Clause 13(4), the Committee noted the requirement that the officer administering the Fund opens a separate account at the Central Bank of Kenya (CBK) in which all the money raised under Section 4 shall be paid to. The Committee observed that the Equalisation Fund is independent and not under the National Treasury’s mandate. The role of the National Government under Article 204 of the Constitution and Section 18 of the Public Finance Management Act (PFM) limits the operational aspects of the establishment and maintenance of an account for the Equalisation Fund. Section 18 of the PFM Act provides that the National Treasury shall administer the Equalisation Fund in accordance with Article 204 of the Constitution. This read together with Clause 29 of the Bill provides for withdrawals from the Fund, whose provisions are similar to those in Section 18 of the PFM Act. Therefore, the Committee was of the view that Section 18 of the PFM Act ought to be repealed to avoid conflict and overlap of those two provisions. The Committee also noted that there were inconsistencies in the Fund Administrator and officer administering the Fund in the Bill. Whereas Clause 2 of the Bill defends the Fund Administrator, this is not consistently applied and, therefore, the Committee will again be recommending amendments to the Bill to ensure consistency. The Committee noted that the Bill proposes the establishment of a County Technical Committee, a Sub-County Technical Committee and a Project Identification and Implementation Committee. We found those committees to be too many because having three committees for the implementation of particular projects could raise unnecessary bureaucracies that could eat into the Fund and, therefore, prevent the money from going to the role they are supposed to, which is implementation of projects that will see services being delivered to marginalised areas to a level that is equal to what other parts of the country enjoy. Therefore, we will again recommend the minimisation of those bureaucracies. We noted that majority of those well-thought-through funds that are supposed to facilitate poverty reduction, equalisation and ensure fair distribution of resources in Kenya are lost in bureaucracies where money which is supposed to go to projects end up sitting with people in committees in Naivasha, Mombasa and across the country. In Clause 17, the Committee noted that the Sub-County Administrator is one of the co- chairpersons of the County Technical Committee as provided in Clause 19 of the Bill. The Committee recommends that since the County Technical Committee is technical in nature, another person other than the governor should be proposed to serve on the committee. The Committee, therefore, proposes that the county secretary replaces the governor in the County Technical Committee at the county level. The Committee noted that Clause 9(1)(j) of the Bill provides that the Board shall undertake project public participation in line with Article 201 of the Constitution. Clause 22(a) of the Bill provides that the Project Identification and Implementation Committee shall undertake public participation in beneficiary counties. Clause 25(1)(c) of the Bill provides that the County Executive Committee Member shall, upon the identification of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}