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"speaker_name": "The Senate Majority Leader",
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"content": "(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I am duty bound, because that is the law, to ensure that the necessary amendments are done. The correct figure is about Kshs198 billion plus Kshs20 billion which are conditional grants to the best of my recollection. However, in terms of making sure that whatever the law has provided for is what we are talking about, those are issues that we have no choice but to make sure that we comply with the actual figure. The challenge, as I have said, for this Senate is that as much as it is a bit difficult to come to terms with the reality that we have to wait a little longer to know whether our position is the one that carries the day or not, we have to continue to apply the law as it is. It is in that context I appeal to hon. Senators to debate this Bill and pass it notwithstanding, perhaps, the expectations that our position may be the one that the courts uphold. It is only that way that this House can demonstrate that we believe in the rule of law and that we are bound by the law as it is unless it is varied. Otherwise, if we keep on frustrating or impeding the legislative process because we expect certain findings, that will be not only speculative but will also undermine our position as an institution that believes in the rule of law and which is bound by the decisions and positions that are lawful in nature. As a Senate, we should proceed expeditiously to debate and pass this Bill because counties, up to now, are complaining. Since a week ago, Members may have noticed that there is impatience coming from our counties. Certain functions have been devolved to county governments, according to the Constitution. They have salaries to pay and programmes to run. What I picked from the media last week is that there are a few people who are saying it is because the Senate has failed to pass the County Allocation of Revenue Bill that things are not moving. We should come out clearly in this matter, in terms of our position in supporting devolution, and in saying that if this is the law, we should comply with it. If the Division of Revenue Act is invalidated, I am sure that will have consequences on this Act as well. Those are issues we can deal with when and if they happen. Even if we are aware that the courts will grant us our prayers; however, we do not know that because it can go either way."
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