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{
    "id": 722194,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/722194/?format=api",
    "text_counter": 177,
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    "content": "Mr. Speaker, Sir, I beg to second this very important Motion and to thank my very able Vice-chairman, Sen. Mositet of Kajiado County, for ably moving it. I stand here a very sad man and a very sad Senator because this is the fifth year of devolution and we had hoped that the learning curve would have improved performance in the budget and the repatriation of revenues between the county government and the national Government. When the Speaker was making a presentation today, he reminded us of Article 96 of the Constitution. I would like to read it for the record because sometimes as it is said in the Bible, “Even if they know, you should keep on reminding them.” I am glad Sen. Kagwe has come to the House because these matters have been his concern which was very consistent through the life of this Senate, and I am very proud of this from a teacher. Article 96 says: “The Senate represents the Counties.” Articles 1 and 2 of the Constitution first make the people sovereign and say that, that sovereignty can be expressed in two ways – either directly or through their representatives. So, when we say that the Senate represents the counties, we are speaking on behalf of the sovereign people living in the 47 counties of this nation and serves to protect the interest of the counties and their governments. That is 96 (1) which is often quoted. However, I would like to quote Article 96 (1) in full:- “The Senate participates in the law making function of Parliament by considering, debating and approving Bills concerning counties as provided in Article 109 and 213.” That is what we are going to do today. Article 96 (3):- “The Senate determines the allocation of National Revenue among counties as provided in Article 217 and exercises oversight over national revenue allocated to the county governments.” Again, this has been the preoccupation of this Senate this afternoon. Finally, Article 96 (4):- “The Senate participates in oversight of state officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145.” Mr. Speaker Sir, we have done this with governors and other officers but unfortunately, we have not come as far regarding the President or the Deputy President, even when the matter had been occasioned but I will not delve into that. Apart from that article, I want to go to the Fourth Schedule of the Constitution which is extremely important. It is important that we remind this nation of the fact that this House is here to defend and promote the Constitution as passed by the people of Kenya. The Fourth Schedule talks about distribution of functions between the national Government and the county governments. We, in this Senate have said, and quite rightly so, that these functions must be fulfilled with regard to resources put before counties to fulfill these functions. That is in line with Article 203 (1)(d) of the Constitution on equitable share and other financial laws. Article 203 (1)(d) says:- 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"
}