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"id": 603794,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603794/?format=api",
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"type": "speech",
"speaker_name": "Hon. Lessonet",
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"speaker": {
"id": 67,
"legal_name": "Moses Lessonet",
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"content": "2016. We are here today to debate and see whether the National Government Constituencies Development Fund Bill has corrected those anomalies which were identified by the court. In summary, there were four key issues which were identified by the court, and which we are required to address. Number one is whether the process which led to the enactment of the Constituencies Development Fund (CDF) Act was constitutional. The second issue is whether the CDF Act offends the principles of public finance and division of revenue provided for in the Constitution. The third issue in court was whether the CDF Act violates the division of functions between the national and county governments. The final issue was in respect of the principle of separation of powers between the Executive and Members of Parliament. With that, declaration on 20th was that the CDF Act, 2013 is unconstitutional and invalid. As I mentioned, that order of invalidity was suspended for a period of 12 months. We are actually now in the process of doing what the court directed us to do, that is to remedy those defects. In remedying those defects, I just want to inform the House that CDF has been in operation now for the last 13 years. In those 13 years, it has received a total of Kshs172 billion. When you look at the achievements of Kshs172 billion in 13 years in comparison with what the counties received, Kshs210 billion in their first year while in the second year they received Kshs230 billion and in this third year all the counties put together have received Kshs280 billion, you see more of what has been done by Kshs172 billion in 13 years than by almost now close to Kshs800 billion in three years. The CDF is the reason behind teachers refusing to go to North Eastern. Ten years ago there were no schools there, hence such teachers did not exist. But with CDF, there are now enough schools in North Eastern; they are adequate for the needs of the residents of that particular region. When the Teachers Service Commission (TSC) indicates that they have a shortage of 100,000 teachers, the reason is only one; it is because of CDF. It is because of the investment through CDF and through Members of Parliament that we now have a shortage of 100,000 teachers. Those are among the milestones achieved in only one sector called education. If you look at health, we have health facilities in every constituency down to every location because of CDF. Whether those health facilities are staffed with health personnel or have equipment is another question; we hope the counties will address it because the CDF basically has provided infrastructure in those particular areas. The court found the CDF to be doing activities which are otherwise devolved. The current CDF Act, 2013 allows us to do anything that is community-driven, whether it is health, education, security, water projects or early childhood development centres (ECDCs). But with the new Constitution, a good number of those activities in terms of health, water, early childhood education, among others, have been devolved to another government; the Constitution tells us that there are another 47 governments out there to do those functions. It is for that reason that the National Government Constituencies Development Fund Bill proposes, in accordance again with the ruling of the court, that we will no longer be able to perform those functions. We are proposing to limit in this Bill the activities of CDF to basically those activities of the national Government. When I talk of activities of national Government, basically I am talking of primary school education, secondary school education, infrastructure, tertiary education, that is the Kenya Medical Training Colleges (KMTCs), teacher training colleges and the technical institutes all the way to universities. This Fund will be available to do those activities, which are of the national Government. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}