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{
    "id": 1520281,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1520281/?format=api",
    "text_counter": 272,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": null,
    "content": " Hon. Temporary Speaker, we have detoured from the intent and purpose of Article 204 of the Constitution on Equalisation. It is sad that this is coming from the Senate whose duty is to guard devolution at whose core is the idea of equity and equality in distribution of resources across Kenya. We have now taken meaning out of equalisation. We are taking it even to places which were not spoken to by the Kenyan people at Bomas. This Bill, if it is not rejected to be looked at afresh, we will have to look at the definition given in it of marginalised area. For a Fund like this with the existent historical records, we cannot leave the designation of a marginalised area to the Commission on Revenue Allocation. No! We have to pick them and, as a Parliament, enact them specifically in the Bill. We cannot leave it to the vagaries of technical people to define it. Clause 4 was spoken to. It is speaking to one half of all revenue collected. I do not know what has become of our Senate. This is very lazy drafting. The Constitution says one half per cent. So, we will have to amend and insert “per cent.” If you look at Article 204, it says one half per cent. So, the word “per cent” is deliberately left here to mean that Equalisation Fund would be bigger than the Devolved Fund. That correction needs to be made. In terms of Clause 5, the word “only”, taking from the Constitution, must come before we specify the various services to be given. We need to remove confusion. We are talking of provision of basic services. If we just leave it this way, we will fall under Article 260 of the Constitution where the word “including” is defined to mean including but not limited to. So, we will have other services here, including sports which were not the contemplation of the people of Kenya when this Fund was being promulgated. 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."
}