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"id": 468980,
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"content": "Hon. Senators, as Sen. Musila observed, the Commission on Revenue Allocation (CRA) is mandated under Article 216(1) of the Constitution to make recommendations concerning the basis for the equitable sharing of revenue raised by national Government between the national and county governments; and among county governments. In his point of order, he informed the Senate that the CRA had made some recommendations on the matter of the Equalisation Fund. However, these recommendations had not been received in the Senate. Sen. Musila further stated that the recommendations made related to the identification of the marginalized areas and amounts of money to be disbursed from the Equalisation Fund to each of the identified areas. Hon. Senators, Article 216(4) of the Constitution says:- “The Commission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalized areas for purposes of Article 204 (2).” In exercise of this mandate, on the 22nd February, 2013, the Commission published the criteria for identifying marginalized areas and sharing of the Equalisation Fund for the Financial Years 2011-2014. Hon. Senators, it is important to distinguish the specific constitutional mandate of the Commission under Article 216(4) of the Constitution. Under this article, it sets out the criteria for determination as opposed to the general mandate of the Commission under Article 216(1) of the Constitution. Here, they make recommendations. Where the mandate extends to making recommendations pursuant to Article 216(5) of the Constitution, the Commission is required to submit their recommendations to the Senate as well as to the National Assembly, the national Executive, county assemblies and county executives. However, where the mandate is one of making a determination, the Commission is not required to submit its determination to any person or body for ratification. The determination as made by the Commission is, therefore, final. Hon. Senators, it is, however, important to observe that although the mandate of the Commission under Article 216(5) of the Constitution extends to determining the criteria by which to identify the marginalized areas for purposes of Article 204(2) of the Constitution, the Senate, by its oversight role and, more so, as the institution charged with the mandate of protecting the interest of the counties, will be required to ensure and satisfy itself that, in making the determination, the Commission observed and remained faithful to the letter and spirit of the Constitution, including the requirements of the Constitution as to public participation. This oversight mandate may be exercised by the Senate in Plenary and also through its Committees, which are the more appropriate forum for detailed interrogation of such matters. I would also wish to add that if Senators wanted further interrogation, it would have been easier if this Question was posed to the Chairs of the relevant Committees. But when you rise on a point of order to ask for the Speaker’s Communication, unfortunately, you know the fate. Once the Speaker communicates, he may not entertain any other issues. So, you are at liberty to proceed if you needed further interrogation, but that is my finding. Thank you."
}