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"speaker_name": "Sen. Mutula Kilonzo Jnr.",
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"content": "On a point of order, Mr. Speaker, Sir. Sen. (Dr.) Khalwale has raised an important issue, but for the public that is watching, it is important that we be clear about what comes first so that we do not confuse the chicken and the egg and not end with any. According to Article 224, the county governments shall prepare their annual budgets and appropriations in accordance with the Division of Revenue Act. The Division of Revenue Bill under Article 224 is defined in Article 218(1). That Bill shall be introduced in Parliament two months before the end of the financial year. The County Allocation of Revenue Bill, similarly, shall be introduced in Parliament for dividing of revenue amongst counties in accordance with the basis determined under Article 217. The elephant in the room is that according to this timelines and this Constitution, which formula is applicable for purposes of introducing this Bill like we have today? That is what we need to resolve. To address the dilemma of Sen. (Dr.) Khalwale, we need to know whether the resolution passed here last week was taken to the National Assembly and whether, using your good offices and diplomacy, whether the 60 days provided in this Constitution for the resolution by the National Assembly either to approve, reject or amend the Division of Revenue Bill, can be expedited. Whilst Sen. (Dr.) Khalwale raises an important point, timelines do not stop. Fortunately, the Bill has been introduced. Do we have an opportunity to ensure that our colleagues in the National Assembly pass a resolution before the expiry of 60 days immediately so that the country can benefit from the work that Senators did, in terms of negotiating with the Commission for Revenue Allocation (CRA) and all other stakeholders? Otherwise, all the work and negotiations, including the work done by Senators on this formula, will go to waste. What is worrying me is that a colleague in this Senate has challenged that Bill. We are pleading with you because this is the only House that can make that determination. We should forestall a crisis that might be precipitated by the court process started by Sen. Wamatangi and any other processes that might be there so that what we have done here, does not go to waste. I am happy to say that from the reading of the Constitution, there is nothing wrong with the introduction of the Bill in so far as the law is concerned."
}