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{
    "id": 704361,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/704361/?format=api",
    "text_counter": 259,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "This Bill is more unconstitutional than anything else; it is mischief. Therefore, if we allow this amendment that appears innocuous by amending paragraph (3) by removing the word ‘counties’ and replacing it with the word “constituencies,’ this Senate would have violated Articles 174, 216 and 255 that require a referendum to change. Reading further, Article 204 (4) deals with the criteria of who is supposed to check the Equalisation Fund. It states that:- “The Commission on Revenue Allocation (CRA) shall be consulted and its recommendations considered before Parliament passes any Bill appropriating money out of the Equalisation Fund.” The Equalisation Fund has already been released to constituencies unconstitutionally by a list provided by Members of Parliament (MPs), so that they could pass the Appropriation Act. The Senate Majority Leader should not have moved this Bill on the Floor of this Senate. There have been tremendous violations of this law that to even discuss this Bill is a travesty of justice, will and purpose of the Senate. Article 204 (8) of the Constitution reads:- “Legislation under Clause (7) shall be supported by more than half of the Members of the National Assembly, and more than half of all the county delegations in the Senate”. The drafters of this Constitution were aware of Article 96; that it is our role to protect counties. That is the reason if you read Article 204 (5), (6) and (7) even the changing of policy and criteria must come to the Senate. My fellow Senators, if we agree to change the criteria to go to constituencies, what then is our role in the Senate? We will have, with one stroke of the pen and vote, abdicated our responsibilities as Senators and further, degraded our position as the Senate. It is something that we have allowed and is done quietly and innocuously. We should not attempt to violate this Constitution in a policy that the National Assembly passed on our behalf. At the very least, this Senate must defend the decision that there are 14 counties that are marginalized. That marginalization policy is what has informed the Equalisation Fund. The word ‘constituencies’ is not in the marginalization policy. How will the Members who support this Bill reverse that decision? We have a new Act of Parliament which never came through this House, although it was supposed to. This Senate, through the Committee chaired by Sen. Murkomen, where I am the Vice Chairperson, has proposed that we increase the amounts reserved for Equalisation Fund. This Bill is a reversal of all those things that this Senate has worked for. Mr. Deputy Speaker, Sir, they have amended the Constituencies Development Fund (CDF) Act so that they can have what they are calling national Government projects. As we contemplate and imagine that we can amend the Constitution in this manner, we need to know the functions that the counties are responsible for, including water and basic facilities. This is one of those Bills that we must reject in totality for being a violation of the Constitution and the will of the people who for the last 52 years, have been marginalized. This is just a small opportunity for Wajir County, Mandera County and Taita-Taveta County - my neighbour in Makueni - to at the very least be at par with Nairobi, Kiambu and other counties. 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"
}