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{
    "id": 972774,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/972774/?format=api",
    "text_counter": 577,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Temporary Deputy Chairlady, I tried to convince Hon. Kamket to drop this amendment, but now that he has moved it, I rise to oppose. Hon. Temporary Deputy Chairlady, you will help me. It is very clear in law that you cannot make a law that contradicts another one. This House is aware that Section 18 of the Public Finance Management (PFM) Act, 2020 mandates the National Treasury Cabinet Secretary to administer the Equalisation Fund. From this provision, it is clear that you cannot detach the role of the Cabinet Secretary from the administration of the Fund, including the critical role of making regulations as already provided for under Clause 39 of the Bill. The Bill belongs to him. This Bill belongs to you. In your amendment to Clause 39, you have allowed the Cabinet Secretary, who is in charge of the administrative roles, to be the one bringing regulations to the House. Hon. Temporary Deputy Chairlady, this House cannot act in vain. Section 18 of the PFM Act is very clear. Therefore, if we allow this amendment, then somebody will go to court and say the amendment to Clause 39 is unconstitutional. 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."
}