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{
    "id": 480545,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/480545/?format=api",
    "text_counter": 43,
    "type": "speech",
    "speaker_name": "Sen. Kagwe",
    "speaker_title": "",
    "speaker": {
        "id": 229,
        "legal_name": "Mutahi Kagwe",
        "slug": "mutahi-kagwe"
    },
    "content": "Thank you, Mr. Chairman, Sir. In supporting my Chairman, I just wanted to put things in the right perspective and say that if we remember, last year when this Bill was here, the Treasury had actually put aside some Kshs10 billion. Sen. (Dr.) Khalwale is suggesting Kshs9 billion, but if I remember correctly, the Treasury had actually put Kshs10 billion being the amount that was supposed to be for Level Five hospitals. In the wisdom of another House, that Kshs10 billion which was supposed to be for Level Five hospitals was put together with the rest of the money and divided amongst the counties equally. So, the Treasury in the matter of speaking had actually tried to get this done. However, I just want to say that in supporting the Bill, in actual constitutional and legal terms, Level Five hospitals have not been devolved to county governments. Therefore, the money that is allocated here is only money that can be used perhaps to pump up the hospitals because in accordance with Article 187 (2) of the Constitution, you cannot devolve a function and not devolve the resources to run that function. Saying that a function has been devolved does not in itself devolve the function. Sending the money for the devolved function is what effectively devolves the function. Therefore, even without belabouring the point, I think we are passing this money as bits and pieces that are going to be used for that purpose, but in actual legal effect, the hospitals are still part of the national Government."
}