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"id": 986920,
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"type": "speech",
"speaker_name": "Kikuyu, JP",
"speaker_title": "Hon. Kimani Ichung'wah",
"speaker": {
"id": 1835,
"legal_name": "Anthony Kimani Ichung'Wah",
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"content": "I can see the Leader of the Minority Party complaining that Parliament has facilitated him with a surgical mask that is three ply. They are equally good. But the N-95, with a cartridge, is much better than what you are wearing, Hon. Mbadi. Back to business, I was saying the Senate deleted the original provision of the National Assembly that was making provision for setting aside the equitable share amount that was due to the Nairobi City County, which we had said shall be retained in the Consolidated Fund to meet part of the cost of functions transferred to the national Government. This was in line with provisions of Article 187(2) of the Constitution, which states that: If a function or power is transferred from a government at one level to a government at the other level— (a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and (b) 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. You will appreciate that the functions that are being transferred are largely assigned to the county government. There is also need to appreciate that there is a Deed of Transfer that was signed between the County Government of Nairobi and the national Government. There is a particular clause in the Deed that specifically states that money for these functions would come from the county revenue fund. Therefore, we find ourselves between a rock and a hard place and we have to recommend some measures. The major point of departure between the national Government and the Senate was how to effect the transfer of resources needed to fully fund the transferred functions. We are recommending that an administrative or legal mechanism be worked out to ensure that all resources needed for the transferred functions are made available to the national The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}