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{
    "id": 960989,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/960989/?format=api",
    "text_counter": 129,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "Thank you, Mr. Deputy Speaker, Sir. I am confused. I have listened to the proposals given by the good Senator for Nairobi City County and the distinguished Senator for Bungoma County. Article 222 of the Constitution states that:- ‘If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to by the beginning of that financial year, the National Assembly may authorise the withdrawal of money from a Consolidated Fund.’ Section 134 of the PFM Act also states that the same will be a problem if the county appropriation bill for a financial year has not been assented to. We are now in a situation where the National Assembly has taken the Appropriation Bill for assent, yet we have challenged it because of the Division of Revenue Act (DORA). I like borrowing from other jurisdictions. The United States of America has a different approach from this country. It has 12 Appropriation Bills. There are those that are considered as mandatory spending or rather continuing resolutions, and they give the legislators time to sort out their mess and agree on how money shall be spent by the federal government. We need to ask ourselves if the suggestions that we are giving will violate the Constitution. There is an Appropriation Act that we have termed illegal as per the Constitution. The county governments have come up with budgets, but they are not supposed to come up with them without the County Allocation of Revenue Act (CARA). We are now being confronted with illegalities. I do not see a situation where the National Treasury can release money that they do not have. I am happy that these things are happening right now when we are talking about a referendum. Having one Appropriation Bill, which can only be altered by a Supplementary Appropriation Act, puts us in limbo. What can we consider as mandatory spending for the Government so as not to get to a point of complete shutdown? We are now relying on one Appropriation Bill that the two Houses have not agreed upon and the county governments are suffering, yet the national Government is proceeding on with its business. 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."
}