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{
    "id": 1520230,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1520230/?format=api",
    "text_counter": 221,
    "type": "speech",
    "speaker_name": "Marakwet West, UDA",
    "speaker_title": "Hon. Timothy Kipchumba",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to this important and progressive piece of legislation - the Equalisation Fund (Administration) Bill (Senate Bill No.14 of 2023). Looking at the latter, the spirit and the intent of this legislation raises serious fundamental legal issues. I have read Article 204 of the Constitution and asked myself three questions. Firstly, why was this Fund created? Secondly, why did the Constitution limit the services to be provided for under this particular Fund? Thirdly, what was the mischief behind the 20-year sunset period? I believe these three questions I have posed mirror the very intention of this particular legislation. If you look at Article 204(2) critically and I wish to read, it states: “(2) The national Government shall use the Equalisation Fund only to provide basic services including water, roads, health services, and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible.” The word ‘only’ has been used in Article 204 (2), but it is not present in this particular legislation. It goes on to state that ‘only to provide basic services, including water…’ Even though the word ‘including’ has been used, prior to that, the word ‘only’ has been used. The fact that under the Constitution specific services were chosen, in my opinion and understanding, they were meant to address areas that had been historically marginalised in this country. As a country, we must not leave behind other areas that have suffered historically without basic services. When you go to parts of Elgeyo Marakwet County that border Tiaty Constituency, you will be shocked that at this time, there are people who have never seen a health facility or tarmac road. They do not even know who the President of the Republic of Kenya is. They have been historically marginalised by successive regimes and certain alignments in terms of developments. Therefore, I heavily associate myself with the sentiments of Hon. Farah Maalim that this Bill was meant to address the issues of historical injustices in this country."
}