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{
    "id": 886231,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/886231/?format=api",
    "text_counter": 357,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "we had what we used to call the Constituency Development Fund which is currently known as National Government Constituency Development Fund. We need to be very careful in enacting this Bill. We should not enact a Bill that may find its way in our courts where it is being challenged on grounds that it is possibly unconstitutional. We need to understand that the new constitutional dispensation that was enacted by the people of Kenya in 2010 has a very key pillar which is separation of powers. We have the Executive at the national Government and the executive at the county level and they are the ones who spearhead development within our counties. The Constitution that was enacted in 2010 elaborates how to involve people of counties as development is brought about. Article 10 of the Constitution is very clear on our national values and one of the key ingredients is public participation. In our budget cycles, beginning from our preparations for the County Integrated Development Plan (CIDP), the people are given a key role in making proposals on projects that should be given priorities in their areas. The only way public participation can reach the grassroots is through having public participations at our ward levels. When we introduce another forum of public participation as it is provided for in this Bill, there is a possibility that we are going to increase administrative expenses in our counties which will eat into money that should go into development for various projects. In essence, we are passing judgement on our MCAs that they have not been able to ensure that the people that they represent at the ward level are involved in the budget making process. We will also be passing judgement that they have not ensured that the executive allocates money equitably in all wards. Madam Temporary Speaker, however good intentions this Senate may have in passage of these Bills, we will have the same problem that this country is going through in terms of the National Government-Constituency Development Fund (NG-CDF). If you read through the National Government-Constituency Development Fund Act, it gives very little room to the Member of Parliament (MP), in terms of implementation of projects at the constituency level. In fact, the only role the MP is given in that Act is to witness the launching of projects or issuance of checks at the constituency level. We share forums with Members of Parliament (MPs) and the practice that we have is that when we go to forums, they have made people at the constituency to believe that it is them that have brought development to the constituency while the law, as it is today, gives that mandate to the Committee that is employed at the constituency level. Madam Temporary Speaker, the process of recruitment is that members of the Committee apply to the sub-county administrators, the people we used to call District Commissioners (DC). They are interviewed and a Chairperson is picked from among people who have been employed through a competitive process. However, MPs are good at reminding the people at the constituency level that it is them who bring development projects to the constituency level. Madam Temporary Speaker, I am raising this point because if we are not careful, we will get into a situation where this Fund will become a political tool and end up being an avenue for people to misuse resources that we send to our county governments. There is the other risk of duplication. The biggest problem that we have had in terms of misuse of our resources is that there is no synergy between the national Government and county governments on how to implement and audit projects. If you go through the reports of the Auditor-General, you will find instances where a governor claims that he is the one who undertook a particular project, another donor somewhere will say that he or she undertook the project and the NG-CDF Committee will"
}