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"speaker_name": "Sen. (Eng.) Mahamud",
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"legal_name": "Mohammed Maalim Mahamud",
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"content": "The equitable share of Nairobi City County - this is our suggestion - should be provided for under County Allocation of Revenue Bill, upon which the Nairobi City County Government will under the County Appropriation Act, budget for all its functions, including the transferred functions. The sum in respect to the health functions so appropriated should be transferred from the County Revenue Fund to a special purpose account opened at the Central Bank of Kenya for the purpose, in line with Article 207(2) of the Constitution. These details will come under County Allocation of Revenue Act (CARA) on how that will be done; the details will be provided for in CARA. Mr. Speaker, Sir, the amendments we are proposing are, one, in a narrow sense, geared towards safeguarding the constitutional budgetary framework that seeks to ensure that devolved functions are adequately funded and that the county government structures discharge their roles as contemplated in Article 187(2) (b) of the Constitution. In the broader sense, however, the recommendations to the Committee are underpinned by the duty incumbent upon the Senate to protect the interests of the county as set out in Article 96 of the Constitution. The principles of devolution are anchored in Article 174 of the Constitution and for our purpose, Article 174 sets out that the objective of devolution are inter alia - (a) to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; and, (b) to recognise the right of communities to manage their own affairs and to further their development. It is on this basis that the Committee rejects the proposal that purports to take away the rights of the people of the County Government of Nairobi to determine their priorities in terms of development and funding of public services. This will set a dangerous precedent and result in a claw-back on the gains this country has made in ensuring greater participatory governance. Mr. Speaker, Sir, with those few remarks, I beg to second. Thank you."
}