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{
"id": 961003,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/961003/?format=api",
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"type": "speech",
"speaker_name": "The Deputy Speaker",
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"content": "to Article 96 and say that this is a case where our protective mandate of protecting counties and devolution must be demonstrated to the fullest. We are also scheduled to go on recess this afternoon. However, I doubt whether there can be a recess worth talking about when we have the kind of crisis that is prevailing. Therefore, whereas I will not be encouraging that we interfere with the calendar of the House, as we proceed on recess, I suggest that technically, we are on standby for duty, more so, our Committee on Finance and Budget. The Committee should help us move to the next level. Hon. Senators, we have received very good suggestions from Sen. Wetangula, Sen. Olekina, Sen. (Prof.) Kamar and Sen. Sakaja on how we can think without the box and unlock this stalemate. If you look at the law, in particular Articles 222, 223 and 224, there is no solution. This situation has not been captured anywhere. It talks about, for example, the national Government being able to spend even without an Appropriations Act and seek approval later. It does not talk about county governments. Out of those three Articles, none of them actually applies to the county governments. However, there are the 2015 Regulations on county governments which, perhaps say county governments can spend up to 50 per cent of what they were entitled to in the previous year, but only where they have not passed Appropriation Bills. This means that the money should already be in the counties and the trouble is how to spend it as opposed to what we have now, where the money is in the National Treasury and has not moved to counties. This is a special kind of crisis. However, I am convinced in one way or the other, we will get it unlocked. Desperate times call for radical and desperate measures. Accordingly, I want to urge us to be ready to come as soon as possible, subject to the procedures that are needed. For us to be able to engage further on this matter, our Committee on Finance and Budget must help us; being our sectoral committee that is responsible. I, therefore, would like the Chairperson and Members of the Committee to bear with us. As much as we may have made arrangements for the recess, you may have to hang on a little bit and do for us some ground work in the next seven days as follows: I see no reason and no other superior duty that could be preventing the Cabinet Secretary (CS) for the National Treasury and other relevant people, including the Controller of Budget and the Attorney-General from actually appearing before you in the shortest time possible. We cannot have a country like this, running outside the law. On the issue of the Appropriations Act, which the national Government is using as an excuse, our position is that it is an unlawful legislation. Therefore, I direct the Chairperson of the Committee on Finance and Budget to look for the Cabinet Secretary for the National Treasury, the Controller of Budget, the Chairperson of the Council of Governors, the Attorney-General of the Republic of Kenya and the Cabinet Secretary for Devolution to appear before you in a sitting on Tuesday."
}