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    "id": 571033,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/571033/?format=api",
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    "content": "Governors. The query raised has come to the Committee on Finance, Commerce and Budget and we have issued directions through the Senate to Treasury; that there is no basis whatsoever in law, imagined or otherwise, why county governments should stifle the work of county assemblies in terms of exercising their mandate. What is happening today is that we all assumed, just like many articles in the Constitution, that the county governments would exercise their mandates without necessarily being a bully or a big brother who does not consider their small brother or sister in the counties. Madam Temporary Speaker, so that the country can follow why this Bill is important, the problems are as follows. When the county executive issues a requisition to the Controller of Budget, the county assembly is similarly required to have their requisition in the same one by the county executives because the law in the Constitution and the law in the County Governments Act only recognizes one treasury, which we do not want to interfere with. However, when the requisition is then approved by the Controller of Budget, the executive withdraws the money, keeps it in the account of the county government and then plays around with it and decides when it will be issued to the county assembly or in some cases, which we are aware of, then refuses to issue it and issues conditions to the county assemblies, as to when this amount will be issued. This is the Bill that will solve that problem. Madam Temporary Speaker, to allay the fears of anybody who thinks that we have not complied with the Constitution, and I am talking about the Committee on Legal Affairs and Human Rights, Article 207(4) reads: “An Act of Parliament may- (a) make further provisions for withdrawal of funds from the county revenue fund; and; (b) provide for the establishment of other funds by counties and the management of those funds.” I want to tell the public and my fellow Senators that there is a County Revenue Fund which is managed at the county level and at the CBK. Let me say without fear of contradiction that this Bill is anchored on all fours by Article 207(4)(b) of the Constitution of the Republic of Kenya. The sole intention, as said by my Chairperson, Sen Sang, is to provide a framework where once the money that is supposed to go to any county assembly has been approved by the Controller of Budget, it will be secured in a County Assembly Revenue Fund (CARF) that has been established under Section 34 of this Bill. The law provides in this Bill how that Fund will be managed, who will manage it, how it will be run and how appointments will be done so that we can then be on all fours with the intention of Article 185 which most county assemblies have forgotten. For the avoidance of doubt, let me say and repeat that the work of county assemblies in this Republic is oversight. The legislative authority of a county is vested in and exercised by its county assembly. A county assembly under Article 185(2) may make laws that are necessary or incidental to the effective performance of the functions and exercise of powers of the county government under the Fourth Schedule. In part 3 which 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."
}