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{
    "id": 916979,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/916979/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Suba South, ODM",
    "speaker_title": "Hon. John Mbadi",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "allocation of revenue, as provided in Article 217 which talks about the formula of allocating resources to various counties. It is the work of the Senate to determine how much Kirinyaga, Lamu or Homa Bay counties should get. It also exercises oversight over national revenue allocated to the county governments. They only exercise oversight over national revenue that we allocate to counties, not even locally-generated revenue by the counties. By the way, the High Court has already pronounced itself that Senate cannot oversee locally-generated revenues by counties. That is the exclusive mandate of the county assemblies. I want to wind up the oversight role of the Senate by reading Article 96(4): “The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145”. They cannot initiate the process of removing the President or Deputy President. They only review and consider a resolution that has been passed by the National Assembly. That is the work of the Senate and the National Assembly as far as oversight is concerned. Finally, in terms of the responsibility of the two Houses, what is the legislative role? How is it defined and allocated to the two Houses? Under Article 95, the National Assembly enacts legislation in accordance with Part 4 of this Chapter. It enacts legislation. I want to repeat that the National Assembly enacts legislation in accordance with Part 4 of this Chapter, but the Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties. That is where you end. They only participate in Bills concerning counties. That to me is so clear. The question which the Senate has been asking and which they want to take to court is that they do not understand what it means by “Bills concerning counties”. The question is this: Is it true that it is not clear what “Bills concerning counties” are? The answer is no. “Bills concerning counties” are clearly defined in the Constitution. By the way, under Article 110, it is not just Bills concerning counties. It says Bills concerning county governments. These are the Bills that concern county government that the Senate needs to participate in legislating. In this Constitution, a Bill concerning county governments means a Bill containing provisions affecting the functions and powers of the county governments as set out in the Fourth Schedule to the Constitution. You just need to go to the Fourth Schedule and understand what the roles are and where the Senate should participate. Some of them are under agriculture, that is, crop and animal husbandry, livestock sale yards, county abattoirs, plant and animal disease control and fisheries. When you go to health, there are many of them such as: County health facilities, ambulances, veterinary services, cemeteries... If you do not have a cemetery in your place, it is for the Senate to answer. They need to find out why there is no cemetery. Others are funeral parlours and crematorium. There is now an improved desire for these. We saw the body of Brother Bob Collymore - and may God rest his soul in peace - cremated yesterday. So, we need many of these because the demand is increasing. That is the work of the Senate. Others are: Refuse removal, refuse dams and solid waste disposal. Actually, there is a committee in the Senate in charge of refuse removal, garbage and solid waste disposal."
}