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{
    "id": 959332,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/959332/?format=api",
    "text_counter": 102,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": " Mr. Speaker, Sir, I would like to start by congratulating our Mediation Committee for a job well done and for standing firm in support of the job that must be done in the counties. Article 96 of the Constitution makes it clear that we are the defenders of counties and county governments. The reason why we came up with a new Constitution was because this country came from a history where the President was acting as a benevolent leader, dishing out development and resources to places that he thought were right. Division of revenue and devolution itself are mechanisms with which the people of Kenya can make decisions for themselves as to what development they need in the local level, and what resources they are going to use for that development. It must be clear for everybody in the Republic of Kenya; that the national Government does not have its own money that it donates to county governments. The national Government does not have responsibility of dictating to Parliament how much goes to what level of government. The Constitution makes it abundantly clear that it is the role of Parliament, which is both the National Assembly and the Senate, to preside over a process which eventually comes to division of revenue, where resources are divided between the two levels of government. Mr. Speaker, Sir, we insist that any Appropriation Bill passed by the national Government before the Division of Revenue Bill is passed is unconstitutional and should be declared null and void. I know that many of our colleagues would have wanted us to remain adamant, firm and not concede in so far as the amount going to counties is concerned. As a result of this anomaly where the Appropriation Bill was already passed, the national Government and counties are waiting for resources and the first quota of the new financial year is over, it was becoming clear that only counties were going to suffer. The Judiciary would make decisions expeditiously to provide a mechanism for us to sit on a round table was already a beneficiary of the Appropriation Bill. Therefore, it was not in a hurry to make a decision. The National Assembly which is part of Parliament was also a beneficiary of the Appropriation Bill. They were not in a hurry. The National Executive was a beneficiary of this illegal Appropriation Bill. Therefore, it was not in a hurry. It only became practical and wise to allow the counties to get the money as we continue waging the war. Until we finally succeed in the declaration of that Appropriation Bill of 2019, it is an illegality. This report that we are now debating they wanted to introduce a clause that says that the division of revenue should be applied backwards. Of course, there is nothing in the Constitution, and it is even impossible to imagine that any lawyer would have 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."
}