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{
    "id": 984335,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/984335/?format=api",
    "text_counter": 121,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "I have not even taken three minutes, my friend. Mr. Speaker, Sir, cognizant of the provisions of the Deed of Transfer of Function of Nairobi City County Government to the national Government, and in particular Article 5 on financing the delivery of the transferred functions, the Committee noted the provisions in Article 5 of the Deed that “the Nairobi City County Government shall ensure that transferred functions are fully funded from the County Revenue Fund.” This will, therefore, simply imply that appropriation shall be made from the County Revenue Fund to cater for the transferred functions. Article 187 of the Constitution provides that if a function or a power is transferred from a government at one level to a government at the other level, constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule. It is, therefore, important to note that constitutional responsibility intends the preparation of budget and accountability for your expenditure of funds as contemplated in Article 226 of the Constitution. Retention of equitable share of nationally raised revenue for Nairobi City County Government at national level will amount to usurpation of the constitutional mandate of the County Government to prepare its own budget and power of the county assembly to approve the said budget and exercise oversight over the expenditure. Article 202 of the Constitution provides that revenue raised national shall be shared equitably among the national Government and county governments. There is no way in the Division of Revenue Bill that we are sharing money between two levels; the county governments and national Government, but a single county such as Nairobi City should come in. Mr. Speaker, Sir, the Constitution, therefore, does not contemplate a situation where funds, which are supposed to go to the county, will be held at the national level. Article 218 sets out a two-tier system for the division of revenue. That is what I have already said. Clause 4(2) and (3) of the Bill as reads together with the Schedule proposes to retain this Kshs15.59 billion, which is the total allocation of the Nairobi City County Government. As I said earlier, we do not know how they intend to fund the other functions that are being retained by the county government, including the county assembly. Even though Nairobi City County Government has transferred four of its constitutionally bestowed 14 functions, existence of the county did not cease. Following the various observations, the Committee recommends that the Bill be approved with amendments to Clause 4. The Amendment proposes deletion of sub- clauses (2) and (3)."
}