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"id": 927714,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/927714/?format=api",
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"type": "speech",
"speaker_name": "Kipkelion East, JP",
"speaker_title": "Hon. Joseph Limo",
"speaker": {
"id": 1915,
"legal_name": "Joseph Kirui Limo",
"slug": "joseph-kirui-limo"
},
"content": "that the intention of the drafters of the Constitution when they drafted the roles of the National Assembly as contained in Article 95(4) and the roles of the Senate as contained in Article 96(3)… As you make your ruling, consider those two Articles of the Constitution. Articles 95 and 96 are the mother of all articles when it comes to issues that are to be transacted in this House and in the Senate. Why do I say so? They define our roles. If there are other Articles in the Constitution, they are to be considered as subsidiary to those two main Articles that cover the roles of the National Assembly and the Senate. If you are a doctor, and another person is an engineer, the main role of the doctor is known to be treatment of patients. The details are not important. What is important is the main role. For an engineer, it depends. For example, if it is an electrical engineer, it is fixing issues to do with electricity. Therefore, when it comes to the role of this House and the Senate, the Constitution is clear in Article 95(4). The role of the National Assembly is to determine the allocation of national revenue between the levels of Government. For example, it can say Kshs1.8 trillion will go to the county governments. The remaining amount, after considering items that have been stipulated in the Constitution meant to benefit the whole country, like paying debts, goes to the national Government. When it comes to the role of the Senate, it is clear that after the National Assembly has divided the national revenue into two, the Senate will decide on how much counties will get. For example, County No. 1, Mombasa, will get this much and County No. 35, Kericho, where I come from, will get this much. That is the role of the Senate. From where I am seated, I can confirm that, as a House, we have never disputed the County Allocation of Revenue Bill. In fact, in most cases, few Members contribute on it then we ask the Speaker to put the Question because we have other business on the Order Paper to attend to. It is assumed that Senators from all the counties have looked at the Bill and, in their opinion, the Bill is sufficient. Therefore, we have never desired to sit in their House to determine what each county government will get. That is the role of the Senate and we have never challenged it. I want to concentrate on those two Articles of the Constitution. If the Senate is unclear what the two Houses are supposed to do and initiate, that is not the case for this House. The Senate was confused on what their role is and they have gone to seek court’s opinion. My understanding is that when you seek an opinion on your own volition, when you get it, it is binding on you. It is not binding on the person who has not sought it. Our mind is clear and we know our work. That is why I recommend that we do not allow the Senate and the CoGs to bring us down to a level of portraying us to Kenyans as the ones who are preventing money from going to the counties. They do not want to go a step further and ask: “When this revenue goes to the counties, why is it not felt on the ground?” So many people who are Christians – and I do not know about Islam and other religions – recognise that in the Bible whatever you are given, you have to show what you are able to do with it before you ask for more. The Senate is quiet on what the Leader of the Majority Party has said. On top of the Kshs316 billion we are recommending, there is a further Kshs60 billion which is conditional allocations to the counties. They are not talking about it. Hon. Speaker, so that I can allow the other Members to contribute, I want to urge you not to look back. Safeguard the role of this House. Our role is to pass the Division of Revenue Bill which divides revenue between the two levels of Government. That is in black and white. In fact, I will urge this House to even recommend to you, Hon. Speaker that, you present the Division of Revenue Bill we passed in this House to the President for assent. The other House can continue with the road shows and demonstrations as the country moves on. We want services to be provided to the people. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}