HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1613874,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1613874/?format=api",
"text_counter": 293,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": null,
"content": "when I was making my contribution, God forbid. If we pass this formula without taking care of Article 203(1) of the Constitution, with this country which has become litigious, tomorrow someone will go to court and the whole process will stop. We do not want to reach there. We are simply saying, that we have an element of affirmative action in this formula so that we do not open up risks for people going to court to challenge the formula that will come out of this process. We have also been challenged to demonstrate why we need more money. If you come from a small county, there is no factor that favours you. Population factor, sectoral factors like health, water and even poverty do not favour you. Incidentally, the smaller counties are also poor in many ways. For example, my own county, if you have a big family living on a quarter acre piece of land, that is already poverty. What kind of poverty are we looking at? One cannot farm or do anything else, but only consume. The smaller counties are suffering. Number two, let us also look at the inherited factors at the advent of devolution. These counties inherited, for example, staff establishment from the defunct local authorities, which had almost the same staff establishment across all the local authorities in the country. The staff that Kakamega inherited from the defunct local authority is almost the same number that Vihiga inherited and they just did a top-up. We are talking about many factors that this county has inherited and which they have to spend on. I also want to refer Members to other jurisdictions that do this kind of thing; that have strong devolution. I will pick an African example. Nigeria has been doing revenue sharing since 1954, even before they got independence. They have gone through experiences and now their formula has matured. They decided to adopt a concept that was going to ensure equality of states. In our case, equality of counties. They said the minimum share per state shall be 40 per cent of the total shareable money. They also said they will peg population, at 30 per cent. They will peg health, water, and other infrastructure at 10 per cent and 10 per cent on land. Why do we not adopt the same? If we want to ensure devolution works for everyone, let us adopt the same. So that instead of fighting for which county is big, which county is small, we agree on a significant percentage that is going to be shared equally. Yes, the Committee has tried to put in an equal share of 35 per cent. That 35 per cent is on only about Kshs13 billion. That is very little. How I thought they should put that 35 per cent on the bigger figure of Kshs405 billion so that will make sense to all the counties. Madam Temporary Speaker, on the issue of the Third-Generation Formula, some of the factors that have been put there are not based on sound data, including population. Population figures in Kenya have been challenged in court. Even the factor on health, which was in the third series, is also challengeable. That is why if you look at other jurisdictions, like I have given you Nigeria, the figures and factors they have picked are fewer and accurate. They talk about land, health, water and population, but give significance to equal share. We should do the same. I think the Commission on Revenue Allocation (CRA), which is tasked with giving us this formula, needs to do a lot more so that when they bring a formula here, we do not spend a lot of time arguing over it because it is based on solid facts, solid data and it is agreeable. Otherwise, if they do not do that, I am beginning 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."
}