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"content": "(b) request and consider recommendations from the Commission on Revenue Allocation; (c) consult the county governors, the Cabinet Secretary responsible for finance and any organization of county governments; and (d) invite the public, including professional bodies, to make submissions to it on the matter. Hon. Senators, you may recall that this Senate as presently constituted has not undertaken the functions enumerated in Article 217 as quoted above for the following reasons:- I wish to draw the attention of the Senate to the provisions of Section 11 of the Sixth Schedule to the Constitution, which states as follows, and I quote:- “(1) Until the first Senate has been elected under this Constitution— (a) the functions of the Senate shall be exercised by the National Assembly; and (b) any function or power that is required to be performed or exercised by both Houses, acting jointly or one after the other, shall be performed or exercised by the National Assembly. (2) Any function or power of the Senate shall, if performed or exercised by the National Assembly before the date contemplated in subsection (1), be deemed to have been duly performed or exercised by the Senate.” In the performance of this function, the National Assembly on 27th November, 2012 discussed and adopted the report of the Budget Committee on Allocation of Resources to Counties under the following Motion:- “THAT, this House adopts the Budget Committee Report on the basis for allocating resources among the counties for the period 2012-2015 laid on the Table of the House on Thursday, 22nd November, 2012.” The hon. Senator and other hon. Senators may wish to note that the question was amended through a Motion moved by the then hon. Member for Turkana Central. The correct position is, therefore, that in terms of the Constitution, the Senate is deemed to have fully discharged its functions as required by Article 217 of the Constitution. However, if there are emerging issues on the basis and criteria for allocating resources to counties, the Senate is at liberty and can take them up especially now that the Senate has constituted its Committees. In conclusion, therefore, let me draw the attention of Sen.(Dr.) Khalwale and the Senate to the provisions of Article 217(8), which states as follows, and I quote:- “Despite clause (1), the Senate may, by resolution supported by at least two-thirds of its members, amend a resolution at any time after it has been approved.” I hope that the Senate is accordingly guided on the matter. Thank you. 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."
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