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"speaker_name": "Hon. Christopher Omulele",
"speaker_title": "The Temporary Deputy Speaker",
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"content": " Hon. Members, you will recall that during the morning sitting of Wednesday, 13th November 2019, the Minority Party Deputy Whip, Hon. Chrisanthus Wamalwa, sought direction of Speaker on the nature of the Equalisation Fund Bill, 2019. At the time, the House was considering the Motion for Second Reading of the Bill which is sponsored by the Member for Tiaty, Hon. William Kassait Kamket. In his request, he sought guidance on whether, after the passage of the Bill by this House, the Bill would be forwarded to the Senate for consideration. It was the contention of the Member that whereas the Memorandum of Objects and Reasons to the Bill states that the Bill does not concern county governments, the administration of the Equalisation Fund as proposed under the Bill affects the powers and functions of county governments. In this regard, he was of the view that the passage of the Bill would require the participation of the Senate. When debate on the Second Reading of the Bill resumed on Wednesday, 20th November 2019, the Chair undertook to provide guidance in due course, after the Bill is considered at the Third Reading. Hon. Members, noting that the Bill proceeded for consideration in Committee of the whole House and was read a Third Time today afternoon, I will hereby proceed to give my guidance, as follows: 1. First, the provisions of Article 204(3) (b) of the Constitution empowers the National Government to utilize the Equalization Fund “either directly, or indirectly through conditional grants to counties in which marginalised communities exist”. The Equalisation Fund Bill, 2019 seeks to operationalise the said provision. Clause 3 of the Bill outlines that its provisions apply to the direct use of the Fund by the National Government to provide the various services required under Article 204 of the Constitution. The rest of the Bill establishes a framework through which the services are to be provided to the marginalised areas determined by the Commission on Revenue Allocation in their report prepared pursuant to Article 216 of the Constitution; 2. Second, the Bill further proposes the establishment of local committees in each ward within the marginalised areas tasked with identifying projects for funding in consultation with local communities. The Bill also establishes a board to oversee the administration of the Fund. 3. Article 110 (1) of the Constitution defines a Bill concerning county governments as, and I quote: (a) a Bill containing provisions affecting the functions and powers of county governments set out in the Fourth Schedule; (b) a Bill relating to the election of members of a county assembly or a county executive; and, 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."
}