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"speaker_name": "Hon. Wandayi",
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"legal_name": "James Opiyo Wandayi",
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"content": "Hon. Deputy Speaker, I have very few remarks to make. I am rising to support this Bill. The problem we have in spite of the fact that we are living in a new dispensation, we still have the old mindset ruling us. Why do I say this? If you look at Article 216 that gives the CRA its mandate, it states that the CRA has the sole responsibility of making recommendations on the revenue allocation between the national Government and the devolved government. I would expect, therefore, that this Bill would borrow from the recommendations of the CRA. Even if there are deviations they must be reasonable. The deviations we are seeing here are abnormal, to say the least. Hon. Deputy Speaker, in the explanation given about the deviations, there is a lot that is wanting. For instance, we are told that the CRA has not given forth the meaning of the first criterion as outlined in Article 203, that is national interest. There is no further explanation as to how the CRA has failed to meet that obligation. The Treasury is coming out as an institution still playing the role of a big father, and trying to give donations to the county governments. That should not be the case. The Constitution clearly stipulates that there are two levels of government, which shall be independent of one another. Therefore, if the national Government is ceding or transferring functions to the devolved government the transfer of those functions must be accompanied by the transfer of adequate funds. Those adequate funds must be according to the recommendations given by the CRA, which is the sole body mandated by the Constitution to make recommendations on the allocation of funds between the two levels of government. I cannot conclude without talking about the independence of the CRA. This is one of the independent constitutional commissions. You can see a tendency, or a trend, that negates that very independence. Hon. Deputy Speaker, we have seen in the media reports of meetings held at the Office of the Deputy President. The Deputy President summoned the Commission on Revenue Allocation (CRA) and the Treasury to purportedly discuss revenue allocation, yet the Bill that is supposed to deal with revenue allocation is already before this House. Earlier on, the Leader of the Majority Party alluded to that meeting and, in fact, he also mentioned that one of his amendments for tomorrow emanated from that meeting. If we are to be faithful to the rule of law and are to"
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