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{
    "id": 628036,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/628036/?format=api",
    "text_counter": 307,
    "type": "other",
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    "speaker": null,
    "content": "The table that Sen. (Dr.) Khalwale has read to the House - I had the opportunity to read through it carefully and being figures from the Treasury and not Omutata’s on the streets - indicate that for the last five years, there has been a stable average revenue growth rate of 13 per cent. In trying to share resources, the progressive growth rate should be pegged on the real figures. If the growth rate of revenue collection was 10 per cent, we will be unreasonable to demand 13 per cent progression in sharing. If it is 13 per cent from the Treasury itself, then it is arbitrary and unreasonable to drop to a lesser figure. We are not sharing abstract figures between the counties and the national Government. Whatever the formula we have, it must be scientific and properly calculated to the nearest decimal point. That is what equity is all about. Mr. Temporary Speaker, Sir, in Shakespeare’s Merchant of Venice, there was nothing less in a pound of flesh close to the heart as equity for Shylock. I urge the House to agree with the Sen. (Dr.) Khalwale that for avoidance of doubt - we lawyers say that; to specify one is to exclude others. In Latin we say expressio unius est exclusioalterius. Sen. (Dr.) Khalwale has stated clearly in his amendment that what he wants is to end the paragraph in Clause (f) (3) which recommends, instead of going on then:- “That the official average rate of growth of revenue over the last four years of 13 per cent should be used at the minimum to compute the equitable share for FY2016/2017”. As the custodian of the interests of counties, we will have no difficulty in the country moving from 13 to 20 per cent even if it is unreal but we shall have serious difficulties in moving below the scientific accepted average because if you move upward, then it means taking more resources to the counties which we fight for all the time. Anything less means denying counties their legitimate expectations of the share of revenues. Mr. Temporary Speaker, Sir, consequently, it is absolutely important that this amendment finds favour, in a bipartisan manner, from Members of this House so that at the end of the day what will be shared will be worthwhile for the counties. Importantly, the point that the Mover has said is that, this will happen in the event that we reach a stalemate with the National Assembly. In law, we have a doctrine of estoppels which provides that what you were supposed to say but you did not say, you cannot say it now. This is the time for us to lay our claim and stake so that when we get there we say that this is not being wise after the event and that it has been our position all along, so that we are not estopped from raising new matters. It is like a good lawyer advising that you have no case then he eventually turns round and say that you have a case or vice versa . He is estopped from advancing an argument contrary to what he started with. That is estoppel . They may ask you; Ulipovamiwa, what did you say? Will you say it was not me or it was me? This is what Sen. (Dr.) Khalwale talked about and it is with hindsight of experience. He, our Chairman, and Sen. Elachi went to mediation and they were confronted by exactly the same nightmare that we are trying to sidestep now. When we say that we want more money for counties, Kirinyaga needs more money for irrigation or the distinguished Senator for Mandera needs more money to build a wall along the border The electronic version of the Senate Hansard Report is for information purposes"
}