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{
    "id": 909091,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/909091/?format=api",
    "text_counter": 269,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": " Madam Temporary Speaker, I would like to thank Sen. Kang’ata for raising this important matter which is alive. I want to remind the Senators that we have been fighting this process since 2013. The first Division of Revenue Bill was never considered by the Senate because the National Assembly tried to pass the Division of Revenue Bill and Budget Estimates and Appropriation Bill without considering the role and the responsibility of the Senate. Those of us who were in Senate at that time went to court to seek for advisory opinion. I am giving this background because it is important. After the collapse of the Division of Revenue Bill, I saw the National Assembly Majority Leader address the press and he said that the Supreme Court just gave a mere opinion which is not binding in law. However, it is important to note that the 2014/2015 budget and the subsequent budgets are now based on the advisory opinion of the Supreme Court. That means that the Division of Revenue Bill cannot be passed without the input of the Senate. That was the first call of this Senate in terms of fights for the resources that are going to counties. I also want to disclose that I was part of the taskforce before 2013. We fought hard to have two different financial laws. At that time, we wanted to have the County Public Finance Management Law and the National Government Finance Management Law. I was in a small committee together with Mutakha Kangu and former governor, Mr. Julius Malombe. I remember the back and forth that we had with the Treasury functionaries that included the current Permanent Secretary on whether we should have clear processes in terms of budgeting. Finally, it was forced on Parliament because the majority in Parliament may never have appreciated the importance of devolution. Most of our proposals are in the PFMA. The Act properly sequences how the budgeting process is supposed to be done in this country. It starts with Division of Revenue Bill which is supposed to come out by 30th April. There is also the process of tabling the draft Appropriation Bill to the National Assembly when tabling the Division of Revenue Bill and that draft Appropriation Bill is to be debated and passed. The act that the CS, Mr. Rotich is engaged in is strange in the Constitution and does not have meaning. He does not have to appear before the National Assembly. His being there is similar to the appearance of any other CS before the National Assembly or the Senate. He would have done what he is currently doing in the National Assembly in his office or in a hotel in Mombasa or anywhere else. Under the Constitution, there is no such thing. He is doing it because we kept the traditions and the prestige of how the budget is to be presented by the Executive. It must be known that budgeting is a function of Parliament under this Constitution and Parliament is not just the National Assembly, but it is the National Assembly and the Senate. The budgeting process starts with the Budget Policy Statement, the Division of Revenue Bill which now goes with the County Allocation of Revenue Bill and the appropriations that are done by the National Assembly at the national level and county assemblies at county level. The national Government is to debate the budget through the National Assembly and the County Executive is to debate its budget through the county assemblies. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}