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"id": 861826,
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"type": "speech",
"speaker_name": "Kitui Central, WDM-K",
"speaker_title": "Hon. (Dr.) Makali Mulu",
"speaker": {
"id": 1955,
"legal_name": "Benson Makali Mulu",
"slug": "benson-makali-mulu"
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"content": "the money does not go through the Consolidated Fund, it is a clear signal that Kenyans need to be worried. That is why it is mandatory that all funds collected on behalf of the Government or the public must go through the Consolidated Fund. That paves way for the budget- making process, during which consideration is made on which activities are being proposed and how important they are to this country. The fact that they are trying to use money directly after collecting it without the money going through the Consolidated Fund, it means they want to bypass the budget-making process, which provides a chance for all of us to look at what has been proposed and how important it is. That is another area which is quite strong. On the basis of that, I think they have to go back and look at it again. The third point is on what I hear about inconsistencies with the Constitution, the Public Finance Management (PFM) Act and the Statutory Instruments Act. It is very clear that in this country, any law or instrument which is not in consistence with the Constitution is null and void. That is very clear. As long as there are elements which are not consistent with the Constitution, it cannot go through this House. I really support the Committee. As I conclude, there is one element which I want made clear to this House when the Chair replies.In terms of timelines, we allow seven days after the Act comes into operation to generate this regulation. But they submitted theirs late which was after the seven days. The truth of the matter is that even as we move forward, we are going to be in a situation where we can submit this instrument within seven days. Does it mean the Judicial Service Fund - which is very important - will never have regulations? If the rule is applied, it means that we will go to another one. Even if it is resubmitted, addressing all the other issues that have been raised, the seven-day limit will still be applicable. I want to hear what the Committee says about that. It means we might have challenges. With those remarks, I support and thank the Committee for a job-well-done."
}