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{
    "id": 1563770,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1563770/?format=api",
    "text_counter": 178,
    "type": "speech",
    "speaker_name": "Sen. Okiya Omtatah",
    "speaker_title": "",
    "speaker": null,
    "content": "the NG-CDF have been used in an unconstitutional manner to divert money from the consolidated fund. This constitutes a fraudulent scheme to steal public funds. Further, you will find that there is an ongoing push to entrench these funds into the Constitution. However, this cannot be done without a referendum, as it would alter the structure of the Government of Kenya. It would allow legislators to control funds and execute functions. That alters the Constitution of Kenya as it is structured. The National Assembly is pushing this initiative in a way that suggests they believe a referendum is unnecessary. However, they must go to a referendum, if they want to entrench any funds in the Constitution. As for the Senate Oversight Fund, I do not believe Senators have been consulted. At least, I am not aware of any consultation in this House where it was agreed that the Senate Oversight Fund should be entrenched in the Constitution. All Senators want is facilitation to carry out oversight work; they do not need to create a fund for that. We do not need money to go into a separate fund. First of all, where will the money come from? What kind of tax will finance it? What kind of levy? Are we going to introduce an oversight levy to fund the oversight function? We are not. It is my prayer that the National Assembly allows the Constitution of Kenya to operate as intended. They are creators of the Constitution. They cannot purport to put themselves above the Constitution and disobey court orders. The courts have issued rulings declaring this particular fund unconstitutional. Therefore, there is no basis for them to claim that public participation can override a court decision. Such a change can only be made through a referendum that would change the structure of the Constitution, particularly concerning the doctrine of separation of powers. I also want to raise the issue of governors distributing bursary funds. The functions of governors are focused on Early Childhood Development (ECD) and Technical and Vocational Education and Training (TVET). When they start issuing bursary funds for primary schools, secondary schools, colleges and universities, they have absolutely no legal basis for doing so. I want to congratulate the Controller of Budget (CoB) for clearly clarifying what the law states. If you visit counties across the country, you will find that most ECD and TVET centres in a horrible state. However, because it is more attractive to be seen issuing bursary cheques as a publicity stunt, governors and Members of County Assemblies (MCAs) are actively engaging in it. What we want is for all these fragmented bursaries to be abolished and the money be given to the national Government and education be taxpayer-funded. That should be done from the Early Childhood Development and Education (ECDE) up to the first degree in the university."
}