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{
    "id": 437100,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/437100/?format=api",
    "text_counter": 334,
    "type": "speech",
    "speaker_name": "May 15, 2014 SENATE DEBATES 49 Sen. Obure",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you very much, Mr. Temporary Speaker, Sir, for giving me this opportunity. I want to start by saying that the division of revenue between the national Government and the county governments, together with the allocation of funds between the county governments are among the most important functions of this Senate. We are, therefore, engaged in a very important exercise. Last year was the first time we were called upon to discharge this function. We are all aware of the difficulties that we went through and the differences that arose, forcing us, as the Senate, to seek the intervention of the Supreme Court over the interpretation of the relevant provisions of the Constitution, as to the process and role of the Senate vis-à-vis the role of other players in the function of the division of revenue. I am a bit disappointed that despite the authoritative advisory given by the Supreme Court, really, I am not sure that the process leading to this Bill, which we are now discussing has been done in accordance with that advisory. I would urge that in future we should give emphasis to that advisory, so that we can act in accordance with the requirements of the Constitution. Mr. Temporary Speaker, Sir, the second issue of concern to me relates to the role of the Commission on Revenue Allocation (CRA). This Commission is a creation of the Constitution and it is actually provided for in Chapter 12 of the Constitution. In Article 216, its composition and functions are clearly spelt out. The principal function of the Commission is to make recommendations concerning the basis for equitable sharing of revenue raised by the national Government between the two levels of Government and among the county governments themselves. This mandate which the CRA is being called upon to discharge has not been given to any other organ. Only CRA has been given that mandate. Therefore, I find it strange that we can even go and start negotiating over that function. I recall that when we were constituting this Commission during the term of the last Parliament, the focus was on merit. We identified and picked men and women of high standing and accomplished professionals with unchallengeable credentials. These are the people that we put in place. In fact, their first assignment would have been to work out a formula or criteria for fair and equitable distribution of the national revenue as required. Mr. Temporary Speaker, Sir, I cannot envisage any other organ in this country today which will be better equipped than the CRA itself in terms of allocating revenue between the various levels of Government and county units themselves. Now, based on the criteria which they have developed themselves, they have recommended that counties be allocated Kshs279.1 billion out of the sharable revenue, yet this Bill, which is actually a recommendation of the National Assembly, is proposing Kshs226.66 billion. The question which has been lingering in my mind is: Why should we have such huge variances between what the CRA recommends and what this Bill recommends? Could it be that the CRA is not taken seriously? How do we justify its existence if its recommendations are ignored? I expect us to rely on the CRA which has the constitutional mandate and expertise to guide us in the discharge of this important function. Mr. Temporary Speaker, Sir, my third issue of concern relates to the whole object of devolution. Devolution was overwhelmingly voted for by the people of this country, 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."
}