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{
    "id": 294237,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/294237/?format=api",
    "text_counter": 544,
    "type": "speech",
    "speaker_name": "Mr. Mbadi",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Thank you, Mr. Temporary Deputy Speaker, Sir. I will try to make my contribution within that time even though time has lapsed since then. Looking at this Bill, I was particularly concerned with how it respects Cap.12 of the Constitution and two, how fateful it is to devolution. I want, first of all, to start by saying that there are quite a number of provisions in this particular Bill which I feel are not respecting the provisions of the Constitution. I will just give notice that I will be moving a number of amendments to align this Bill to what I consider to be in line with the provisions of the Constitution. If you look at the responsibilities of the Budget Committee which is on Part 2 of the Bill and that is particularly Section 7, you will find that it attempts to say that the Budget Committee will be reviewing the Budget Policy Statement and Budget Estimates. If you look at the Constitution concerning the Budget Estimates, you will realise that it is supposed to be discussed and reviewed. The word “discussed” is very important because that would involve public participation. Therefore, when it comes to Committee Stage, I will be splitting that particular provision into two to take care of discussing and reviewing the Budget Estimates and making recommendations to the National Assembly after seeking representations from the public. I think we need to bring the constitutional provision to this Bill so that it is in line and it does not cause confusion. Mr. Temporary Deputy Speaker, Sir, further, I have noticed that the Treasury is trying to give powers to the Cabinet Secretary that the Constitution took away. One of those is under that same article, Section 17(g)(ii). It says that the Budget Committee will, apart from tabling other information and their report, table in the National Assembly a report containing the views of the Cabinet Secretary in Subparagraph (1). Mr. Temporary Deputy Speaker, Sir, what is required is that once the Budget Committee is seized of the Budget Estimates it is the property of Parliament. The Cabinet Secretary will just make presentations like any other Kenyan because that is what the Constitution says. I do not see why it should be mandatory to have the views of the Cabinet Secretary become a requirement to be tabled in Parliament. If anything, he is not even a Member of Parliament. So, we do not need his views to be tabled in the House. He just needs to convince the Budget Committee. Further, you realise that Section 12 talks about the responsibilities of the National Treasury. These are areas where I feel this particular Bill violates the provisions of the Constitution. If you look at Section 12(1)(b) it gives us one of the responsibilities as “to manage the level and composition of national public debt, national guarantees and other financial obligations of national Government within the framework of this Act and develop a framework for sustainable debt control”. There is no mention of county government, and yet county government is an interested party in public debt and national guarantees. Therefore, I will be proposing to include that there must be consultation with the county governments when the National Treasury manages the level and the composition of the national debt. Part (e) of that particular section talks about designing and prescribing an efficient financial management system for the national and county governments to ensure transparent financial management and standard financial reporting as contemplated by Article 226 of the Constitution. This Article requires a stand-alone legislation. You"
}