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{
    "id": 385064,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/385064/?format=api",
    "text_counter": 77,
    "type": "speech",
    "speaker_name": "May 22, 2013 SENATE DEBATES 11 Sen. Orengo",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Deputy Speaker, Sir, this is a very important business before the House and it concerns the key function of the counties and the Senate in many respects. I want to alert the Senate about the politics that may come later. These are the politics of responsibility and accountability on issues to do with development. When you look at the distribution of functions as contained in the schedule to the Constitution, it is going to be very easy for the national government or anybody who is prepared to derail the county governments to begin to play around with the politics of development in respect of what is contained in the second part of the functions allocated to the counties. Listening to some of the speeches I have heard while touring some of the counties, including my county, when it comes to roads, statements are being made that there is a new structure and a new schedule of responsibility that in future you are not going to ask the national government about roads. If you have any road in the county that needs repair or construction, you ask the county government and the relevant section of the Constitution is quoted. There is a provision that relates to county roads but which has not been defined. Agriculture and health services are also mentioned. I can see Sen. Wako walking out but I wanted to bring to his attention this issue because this is something that relates to his Committee, the Legal Committee and the Devolution Committee. They should very quickly come up with legislation that is anticipated or envisaged by Article 186. That article spells out the functions that are allocated or powers that are distributed to the national or county government. This article was for purposes to do with the fact that even the Committee of Experts and the various organs involved in the constitution making process came to a conclusion that it is not going to be possible in a Constitution to properly distribute these functions with a degree of certainty. So, in page `120 of the Constitution, sub-article 4 of Article 186 says:- “For greater certainty, Parliament may legislate for the Republic on any matter.” This is certainty to do with the distribution of functions and powers. If you look at the distribution and functions of powers according to Article 186, there is a large area of this protocol of distribution of functions and powers that one may very well say that some of these functions are conferred on both levels of the Government. I think this may create a lot of confusion, even on the question of costing. You cannot do costing properly until you have defined these powers, that is, distribution of functions. So, I urge the two committees and particularly the Committee on Legal Affairs and Human Rights to come up with legislation which may help us define some of these functions and roles of the various levels of Government with a greater degree of certainty. Then it is going to be possible to come up with a better costing. I have heard many Senators talking about the issue of costing that it has not been done on a basis that reflects the real and objective situation on the ground. The other fact which is important to bring into consideration is that the power of raising revenue and powers that relate to public debt contained in Article 209, give the national government the exclusive power of imposing taxation and the various categories of taxation as mentioned including Income Tax, Value Added Tax, Custom, Excise Duties and property rates. So, the responsibility of counties in areas of taxation that is contemplated, for example, if you talk to any of the previous local authorities, the collection of property rates is not only difficult but they do not amount to much. Entertainment tax, again, going by the experiences of the local authorities cannot raise The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}