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{
    "id": 798401,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/798401/?format=api",
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    "content": "of the counties, which have already come up with a system of ensuring equalization. Therefore, that will be one of the advantages, if we were to pass this Bill. Madam Temporary Speaker, there is something called the absorption rate, which I alluded to when I talked about development. Allow me to highlight it again. From the reports by the Controller of Budgets (CoB), you will realize that we do not absorb development resources well. In the Financial Year 2017/2018, the absorption rate was 9.5 per cent. Therefore, we do not have a lot of money that percolates to wananchi. That is quite unfair because the wananchi need development. This Bill will ensure that the absorption rate goes high because there is some guarantee that some money will go directly to benefit wananchi . Madam Temporary Speaker, allow me to discuss my fourth area of the Bill. This is what some people who do not support this Bill have raised. The first issue that has been raised concerns whether the Bill is in conflict with what we call the Public Finance Management (PFM) Act. There has been an argument that in that law, it is the County Executive Committee (CEC) member in charge of finance who has the power to create a fund. Therefore, if we pass this Bill, we shall be conflicting with that clause provided for in that law. Madam Temporary Speaker, first and foremost, that argument is hollow and fallacious for several reasons. One, Parliament has the power to make and unmake laws. This means that if we made that law and now need to create another fund, we have the power to do so. This law was made by this Parliament. The idea that we should not make a new law because it conflicts with an earlier one is neither here nor there. Every law that we are creating today, more often than not, is always in conflict with an earlier law. To me, this is neither here nor there. It is the work of the Senate and the National Assembly to make laws day in, day out. Secondly, this Bill is not creating a fund. We do not even have the power to create a fund as the Senate. I took into account the fact that it is the preserve of the National Assembly to create money Bills. This is not a money Bill because we are not appropriating new monies. We are only stating that part of the money that has already been allocated to the counties should go directly to the wards. Therefore, there is no conflict between this Bill and the original Bill that some people are raising an issue about. However, even if there was a conflict, my submission is that we have the power to unmake that law. Madam Temporary Speaker, there is also an issue concerning separation of powers, which has been canvassed in court. Allow me to cite the following case. In the Court of Appeal in Nairobi, Justices Githinji, Okwengu and G. B. M. Kariuki sat on Appeal No. 92 of 2015 in the case of the National Assembly of Kenya versus the Institute of Social Accountability (the first respondent), the Center for Enhancing Democracy and Good Governance; The Senate (the third respondent); the Attorney-General, the National Government - Constituency Development Fund (NG-CDF) board and the Commission for Implementation of the Constitution (sixth respondent). This was an appeal against a judgment by Justices Lenaola, Mumbi and Majanja that was delivered on 20th February, 2013. That decision is dated 24th November, 2017. I 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."
}