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{
    "id": 956935,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/956935/?format=api",
    "text_counter": 370,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "the National Assembly and led to the formation of a second mediation pursuant to Article 113 of the Constitution. Mr. Deputy Speaker, Sir, the Senate steadfastly maintained that counties must, at least, receive Kshs335 billion of the nationally raised revenue. The Senate further steadfastly maintained that the allocation proposed by the National Assembly for counties was not an equitable allocation as contemplated in Article 202(1) of the Constitution. It represented a negligible increase in the allocation to counties while the national Government will enjoy a substantial increase in the share of nationally raised revenue. However, the Senate was alive to the dire situation that counties found themselves in as they were precluded from passing their budgets and annual Appropriation Act under Article 224 of the Constitution. The counties were, therefore, unable to discharge their functions under the Constitution and deliver vital public services, for example, healthcare, education and agriculture. In the light of these circumstances, the Senate agreed to the allocation of Kshs316.5 billion to counties. It will be recalled that the first Bill published by the National Assembly had a figure of Kshs310 billion. In the first mediation, this figure was pushed to Kshs316.5 billion when we argued that it is impossible for counties to get less than what they were allocated in last financial year. So, in the light of these circumstances, the Senate agreed to an allocation of Kshs316.5 billion to the counties. Mr. Deputy Speaker, Sir, it behooves me to mention at this stage that I am deeply concerned by the manner in which the two attempts at mediation were conducted. In its most basic form, mediation is a form of alternative dispute resolution aimed at amicably resolving a disagreement or an impasse between two parties in a manner that ensures relationships are maintained and the interests of the parties are taken into consideration. With respect to Article 113 of the Constitution, it must have been the intention of the drafters of the Constitution that mediation should be underpinned by the recognition of the continuing legislative relationship between the two Houses and public interes The mediation on the Division of Revenue Bill, 2019, was flawed with antagonism and a failure at the very least to honour each other‘s word as legislators. In light of these circumstances, it is useful to remember that the power exercised by the three arms of Government is exercised on behalf of the people. It is a power that must be exercised in good faith and in the best interests of the people and not individual interests. Mr. Deputy Speaker Sir, the people of the counties are the people of Kenya. All of us are interested in the economic development and prosperity of counties. This is not mutually exclusive to the national development agenda. Therefore, going forward, that requires a revival and reconciliation of the central role that devolution plays in the transformation agenda of the Constitution and an acceptable link between the objects and principles of devolution and the sovereign power of the people as contemplated in Article One of the Constitution. The County Allocation of Revenue Bill, which I am moving today, shall divide among the counties the revenue allocated to the county level of government on the basis of determining and in accordance with the resolution in force under Article 217. Article 217 speaks to the formula. The formula that we are using today is the third generation formula because the one that had been tabled by the Commission on Revenue Allocation (CRA) has not been determined and resolved by this House."
}