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{
    "id": 601496,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601496/?format=api",
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    "content": "a human rights commission exists, our principal obligation is to ensure that we give these functions to an existing institution, to be able to ensure that they play the oversight role in the fulfillment of some of these rights as envisaged. Mr. Temporary Speaker, as I draw to conclusion, we have also tried to introduce a possible formula for the determination of marginalized areas. That is why under Part Five of this Bill, we talk about the application of the Equalisation Fund. We want the county planning authorities, the Commission on Revenue Allocation (CRA) and other bodies charged with the administration of these funds to go beyond certain statistics. They must identify marginalized communities historically. Whether they are in major or out of major cities, they must address issues around the urban poor, so that we look for a strategy that goes beyond just the statistics that usually come from the Kenya National Bureau of Statistics (KNBS). Mr. Temporary Speaker, Sir, in fact, in this criteria, we talk about the level of development in the area, the standard of delivery of services and basic goods necessary for the realisation of economic and social rights, the level of poverty in the county, the level of infrastructure development in the county and the state of such infrastructure, existing health facilities and accessibility to such health facilities, existing education facilities and access to water and other basic needs or services. Therefore, we have tried to broaden the criteria so that then those counties that have been severely marginalised will get various categories of funds. One that attacks the various issues rather than the usual simplistic formula just based on an index from the KNBS. So, the counties that are more marginalised in the various areas of development as stipulated in the Constitution will attract more and more funding so that they can realise some of the areas envisaged in terms of what the Constitution was here to do to ensure equity and equality in resources in terms of development. Mr. Temporary Speaker, Sir, we have given responsibility for delegated legislation so that the Cabinet Secretary responsible for finance shall in consultation under Section 22 of this law, and the Commission within a period not exceeding 12 months from the commencement of this Act, make regulations generally for the better carrying out of the provisions of this Act. Therefore, there are various areas in terms of the cooperation between county and national governments, the framework for that cooperation, the framework for how the county and national Government can coalesce and cooperate in the delivery of economic and social rights will be subject to regulations. We have been very categorical that these regulations must be done within a year from the commencement of this Act. We have learnt our lessons that there are regulations today in terms of the management and administration of the Equalisation Fund that have taken forever. We are setting a legal deadline by proposition that this must be done within that framework so that immediately this Act comes into operation, various other areas fall into place which require regulation to further internalize and interpret the realization of this Act. Mr. Temporary Speaker, Sir, I want to conclude by saying that this Act has two Schedules. The first Schedule is the criteria for the realisation of economic and social rights that is elaborately provided for. This includes the indicators by the Commission of efforts by county governments in the implementation of Article 43 of the Constitution 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."
}