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{
    "id": 326889,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/326889/?format=api",
    "text_counter": 627,
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    "content": "for the performance of its functions instead of following the current mode of financing where its funds are allocated to it by Treasury. The issue here is whether the Authority is able to do this under the provisions of the new Constitution. Under Article 206 of the Constitution, it is provided that all money raised or received on behalf of the national Government shall be paid into the Consolidated Fund except money that (a) is excluded from the Fund by an Act of Parliament, or is payable into another public fund established for that purpose, or (b) may under an Act of Parliament be retained by the State organ that received it for the purpose of defraying its expenses. Under Article 261 of the Constitution, the word “State organ” is defined as a Commission, agency office or other body established under the Constitution. The KRA does not fall within that definition, nor does it have a Fund into which its funds may be paid. It is, therefore, not able under the Constitution to retain the funds as it tends and the amendment should not be allowed to stand. That is the conclusion of the Attorney-General. We are on the same page with the Committee."
}