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{
    "id": 591385,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/591385/?format=api",
    "text_counter": 108,
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    "content": "listen and whether the issues we are raising now are what they saw, the fact is that the Constitution has many gaps. Devolution came with a number of institutions, among them, a changed Parliament. The way the Constitution was drafted is such that when arguments come between the Senate and the National Assembly, they become indeterminate. You will find that even when the issues are taken to the court, you find that the Constitution is not explicit. As a result, arguments arise and the “Lower House” is able to take advantage due to numerical numbers and also the executive is carried by the other House and end up frustrating the Senate. The deliberations in this Committee were fairly confidential and we did our bit and made sure that it does not come out to the media before its time. The bottom-line is that in this country we either have a Senate which is functional or not at all. The way it is now, we have a Senate only in name. We have a situation where a straightforward matter like matters affecting counties, the way it is in the Constitution is debate. The essence of these amendments is to make clear the role of the Senate. When we talk about matters affecting counties and we carry it on to revenue allocation, somebody will argue that it is not affecting counties. I would like to say that there are very few issues which do not affect counties. If you say issues do not affect counties, you end up allocating funds to the national Government. The most important thing is that Parliament is Parliament and we have two Speakers. Therefore, a Bill going to the President for assent must have the concurrence of the two Speakers. That also includes the money aspect. There has also been this long standing argument as to whether it is 15 per cent or not. We argued about it and even for us who were very emphatic about a few issues, we had a discussion and we eventually arrived at 40 per cent. That is the correct level. Other counties may have different figures because the mandates of their devolved units are not necessarily similar to ours. We argued that the idea of waiting for the accounts to be approved by the National Assembly to become the basis does not make sense. Although it is in the Constitution but only until these amendments are passed. The Government knows how much money has been raised and that is what is going to be used the following years. It is as simple as that. Other issues include security. Security is not devolved when you impose a curfew for a number of counties, it actually affects counties. These are the things that we need to address. The money Bills will be introduced in the National Assembly but the Constitution talks about introducing and not debating. The amendment we are proposing is that they will be introduced in the National Assembly but it must come to the Senate. After all, we made sure that the votes in the Senate are equal irrespective of how big or small your county is. Some of these equalizing factors must be applied across the board. Madam Temporary Speaker, we are sending Kshs287 billion to the counties but when we ask for Kshs1 billion to oversight that amount, the National Assembly opposes it. If the Senate wants to do oversight, the Bill to deny or agree must come to this House the same way it goes to the National Assembly. The President should not sign things from the National Assembly and ignore the Senate. As I finish my remarks, many Senators have heard occasion to go around the counties and I can report that devolution is working. However, the haphazard way in which funds are being applied and spent such that this quest by the Senate to do oversight 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."
}