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{
    "id": 364416,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/364416/?format=api",
    "text_counter": 184,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Hon. Speaker, whereas I did not want to interrupt my Chair before he moves the Motion. I am at a loss because the Public Finance Management Act, Section 39(3) is very clear that the National Assembly may amend the Budget Estimates of the national Government only in accordance with the Division of Revenue Act. The operating words there are “Division of Revenue Act.” So, we are just about to discuss this Motion at Order Number 8, which in essence will ask this House to amend the Budget Estimates. Hon. Speaker, according to the Public Finance Management Act, we are only able to transact this business after the Division of Revenue Bill has been assented to and it becomes an Act of Parliament. The reason is obvious; suppose the President returns the Bill to the House for reconsideration? Chances are that we may reduce even the allocation meant for national Government and add to county governments’ allocation because that is the only way we can do it. If you do that and you have already passed the Estimates of Revenue and Expenditure, that legislation will have been be in vain. Hon. Speaker, I also want to reinforce this with Article 221(6) of the Constitution which states as follows:- “When the Estimates of national government expenditure, and the estimates of expenditure for the Judiciary and Parliament have been approved by the National Assembly, they shall be included in an Appropriation Bill---” So, hon. Speaker, the moment we finalize this debate this afternoon, you cannot re-open it. The only thing you will have to do is to include it in the Appropriation Bill and pass it. There is no any other way out. So, I want the Chair to give direction as to, if we proceed to transact Order No. 8 and the President has not given us an indication as to whether he has assented to the Division of Revenue Bill or has referred back, chances are that we will have legislated in two ways which are contradictory to one another. Therefore, my suggestion would be that we hold on Order No. 8 as we await communication from the President. If he assents to the Bill, then we will proceed with this Motion. If he does not, then this House, and the Senate – once the decision from His Excellency the President has come - will sit and agree on the Division of Revenue Bill; we will know how much will be for national Government and how much will be for the county governments. We will then deal with the Motion on the Estimates of Revenue and Expenditure. Finally, I have raised this matter because we passed this Act of Parliament and the Constitution, so that we can respect them. Sometimes I get a little bit sad when I find that we do not want to respect our own laws. Sometimes I am misunderstood and taken to be trying to fight some other House. I want to make it very clear that I am not against money that is going to county governments. In fact, I would even want it to be Kshs300 or Kshs400 billion, if there is a scientific way of arriving at this figure; but we would have to do it within the law. Thank you."
}