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{
    "id": 1565580,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565580/?format=api",
    "text_counter": 265,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": null,
    "content": "This Bill basically implements Article 218(2)(b) of the Constitution on sharing of revenues between the national and the county governments based on the criteria outlined in Article 203(1) of the same Constitution. I have read the Report by the Committee on Finance and Budget keenly. One thing that is coming out clearly is that this Bill is unconstitutional. I say that because this Senate sat and passed a Budget Policy Statement (BPS). We said that the county share of revenue should be Kshs465 billion. That has not to be reflected in this Bill. Therefore, it leaves us wondering why we spent our time discussing the BPS when our recommendations are ignored by the national Government when it is proposing a division of revenue between the national Government and the county government. We were clear on Kshs465 billion because of increase in non-discretionary expenditure to the counties. The counties have to bear the burden of housing levy and enhanced NSSF contribution. They also have to bear counterpart funding of 50 per cent for CHPs. We also have the doctors’ CBA, procurement of medical equipment and the annual wage drift. All these issues informed the decision by the Senate to recommend in the BPS, an allocation of Kshs465 billion to counties. The recommendation in this Bill is talking of a mere Kshs405.1 billion. That is short of a whopping Kshs60 billion that is supposed to go to the counties based on the BPS. On that basis, this Bill is unconstitutional. The second aspect why I think this Bill is unconstitutional is the projected revenues for the financial year 2025/2026. In that financial year, we are talking of Kshs2.84 trillion. Out of that, national Government is going to take Kshs2.42 trillion, which is about 85.53 per cent. Counties are set to receive Kshs405.1 billion, translating to 14.28 per cent, which is below the 15 per cent threshold provided by the Constitution. On this basis alone, the Bill is unconstitutional. Therefore, I urge that we thoroughly examine all aspects contributing to its unconstitutionality and take the necessary steps to rectify them. 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."
}