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{
    "id": 606316,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/606316/?format=api",
    "text_counter": 144,
    "type": "other",
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    "speaker": null,
    "content": "We voted for a new Constitution in 2010 and now it is leaders who are trying to resist what the public voted for. In the new Constitution, the National Assembly has been given the powers to consider and approve the revenue and expenditure estimates as per Article 221. We are getting to this because, initially, the Executive would prepare the Budget and read it on the Budget day. Things would have already been done and we would just be given a very bulky printed estimates book to check whether we have anything in it or not. The reason why they have been given the opportunity to consider and approve the estimates is to make sure that from the beginning, elected leaders and people’s representatives are involved to ensure that there is fair distribution of national resources to various parts of this country and sectors. Madam Temporary, Speaker, I would also like to take an issue with the National Assembly who are zealous in doing that particular responsibility. Article 221(2)(a) states that these estimates should also include estimates of the Equalisation Fund. We are now on the third year since we had these new institutions but at no time have we seen it, neither have I heard any Member of the National Assembly questioning where the Fund is. The particular Article that they are using to check these estimates has a requirement that it has to be part of that estimate. So, they are not even checking very well what their responsibility is. That is why we do not see it whenever we have considered the Budget. There is also a requirement that we make sure that there is equitable development because initially, those who made the estimates have done it in a skewed manner that resulted in marginalization and political patronage. We voted for this Constitution to cure that. Unfortunately, that is the same Article which the National Assembly is using to now bully other institutions created by the same Constitution. Madam Temporary Speaker, in using authority invested in any individual or office under this Constitution as quoted earlier, Chapter 6 clearly states that authority is a public trust which has to be exercised in a manner which is consistent with the purpose and objective of the Constitution. I understand that to mean that the main issue which Kenyans voted for is devolution which will guarantee equitable sharing of resources and separation of powers of various arms of the Government to make sure that Kenyans get their rights. That could be the main purpose and duty of this Constitution. One also has to demonstrate respect for the people of Kenya which we do not see at all in the acts of Members of the National Assembly. In the separation of powers, one of the things which we pushed for was an independent Judiciary. This is because we had had a history of our Judiciary being manipulated by the Executive, cases taking forever and a lot of backlogs. That is why we voted for an independent Judiciary which I think the Judicial Service Commission (JSC) has tried to achieve. They have tried to devolve services as much as possible and employ more staff. Of late in my own county, I have seen mobile courts. I represent the largest county in this country where we even have centres which are over 500 kilometres from the county headquarters where the law courts are based. Of late, the Judiciary has tried to make life easy for Kenyans by having mobile courts in the district headquarters some of which are even 300 kilometres from the county headquarters. 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."
}