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"speaker_name": "Sen. Mutula Kilonzo Jnr.",
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"content": "Madam Temporary Speaker, I beg to move that the Division of Revenue Bill (Amendment) Bill (Senate Bills No.14 of 2018) be now read a Second Time. I want to bring to the attention of the Senators why we have moved an amendment of this Bill. After we passed the Division of Revenue Bill and after it was assented to by His Excellency the President, we received a notice from the National Treasury that they had, infact, signed two additional conditional grants. These are the Agricultural Sector Conditional Grant (ADSP2) for a sum of Kshs1,005,473,370; the Water Tower Production and Climate Change Mitigation Adaptation Program covering 11counties of Kshs880million and the World Bank Kenya Urban Support program Urban Institution Grant of Kshs1,854,000,000. Madam Temporary Speaker, upon advice by our very competent legal team and contrary to the opinion, suggestions or recommendation offered to us by Treasury, we thought that this cannot be added into the counties revenue allocation without being included in the Division of Revenue Bill, hence the amendment. However, to clear the air, because there is a concern that has been raised and I have heard it in the public domain; that there are people who think that the Senate has no mandate to amend or cannot move an amendment to the Division of Revenue Bill. I want to allay their fears today and forever to keep their peace. The Supreme Court Advisory Opinion No.2 of 2013 was very clear that the Division of Revenue Bill is an ordinary Bill and can be moved in the Senate. I have said that we were given very good advice by a very good team of the Senate and we do not doubt them and neither do we doubt ourselves; we, the ones who think that we have some good legal knowledge of some of these matters in the Constitution. Madam Temporary Speaker, I just want to make two or three observations of what the Committee decided on this Bill. This Amendment has brought forward several issues. Number one, we have now discovered that each county is receiving Kshs19.6billion for rehabilitation of village polytechnics. The question is; on what basis are Tana River, Makueni, and Nairobi, Turkana and Kajiado counties receiving the same amount? Number two, we have also brought to the attention of the Treasury and the stakeholders when they came to us that it appears to us these conditional grants are now 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."
}