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{
    "id": 984329,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/984329/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "functions as contained in the Deed of Transfer, Kenya Gazette Notice No.1609 of 25th February, 2020, to the national Government. The functions transferred are- (i) County health services; (ii) County transport services; (iii) County planning and development services; and, (iv) County public works, utilities and ancillary services Mr. Speaker, Sir, the two sub-clauses mentioned above propose that Equitable Share Allocation for Nairobi City County Government be retained in the Consolidated Fund. Secondly, the Bill has proceeded to allocate Nairobi City County Government Kshs15.95 billion even before the County Allocation of Revenue Act (CARA) is in place. It is indicated that this allocation will be used to fund the functions that Nairobi City County Government has transferred to the national Government. This Kshs15.95 billion is the total allocation for Nairobi City County Government from sharable revenue for this financial year. Nobody knows what will happen to the County Assembly and the remaining ten functions. Most of the stakeholders who submitted memoranda on the Bill took great exception to the provisions of these two sub-clauses in the Bill. The provisions were termed as unconstitutional and also going against the spirit of devolution. The stakeholders cognizant of the Deed of Transfer of Functions recommended that- (1) The Nairobi City County Government Equitable Share of allocation should directly be disbursed to the County Revenue Fund Account without any reductions as mandated by the Constitution under Article 219. (2) Appropriation for the transfer of functions to be done through the County Budget and Appropriation Act passed by the County Assembly as mandated by the Constitution and PFM Act 2012. (3) Allocations for the implementation of the transfer of functions should be directly disbursed through the County Revenue Fund Account to the Nairobi Metropolitan Services in an arrangement to be agreed on. The Committee made several observations in relation to the provisions of sub-clauses 2 and 3. Cognizant of the provisions of the Deed of Transfer of Functions of Nairobi City County Government to the national Government, in particular Article 5 on the financing the delivery of the transferred functions, the Committee noted the provisions of Article 5(2) of the Deed of Transfer by the Nairobi City County Government---"
}