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{
    "id": 991686,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/991686/?format=api",
    "text_counter": 532,
    "type": "speech",
    "speaker_name": "Hon. Christopher Omulele",
    "speaker_title": "The Temporary Deputy Speaker",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "(c) a Bill referred to in Chapter Twelve affecting the finances of county governments. 4. The provisions of the Equalisation Fund Bill, 2019 seek to operationalise Article 204 of the Constitution by outlining the mode of administering the Fund when used directly by the National Government. I note that it touches on the following functions and powers which are concurrently exercised by both levels of government: (a) Provision of water, which is function exercised by both levels of government pursuant to Paragraph 22 (c) of Part 1 and Paragraph 11(b) of Part 2 of the Fourth Schedule to the Constitution, respectively; (b) Provision of roads, which is also a function exercised by both levels of government pursuant to Paragraph 18 (b) and (c) of Part 1 and Paragraph 5(a) of Part 2 of the Fourth Schedule to the Constitution, respectively; (c) Provision of and regulation of health facilities, which is a function exercised by both levels of government pursuant to Paragraph 23 of Part 1 and Paragraph 2 (a) of Part 2 of the Fourth Schedule to the Constitution, respectively; and, (d) Provision of and planning for electricity, which is also a function exercised by both levels of government pursuant to Paragraph 31 of Part 1 and Paragraph 8 (e) of Part 2 of the Fourth Schedule to the Constitution, respectively. 5. Article 110(3) requires the Speaker of the Senate and I to jointly resolve any question as to whether a Bill concerns county governments, and if it does, whether it is a special or an ordinary Bill. Standing Order 121(3) provides that the Speakers may agree on an appropriate framework to actualise that provision. Having said that Hon. Members, with respect to the question before the Speaker, there is no doubt that the administration of the Equalisation Fund affects the functions and powers of county governments in terms of Article 110 (1) (a) of the Constitution. In this regard, the Equalisation Fund Bill, (National Assembly Bill No. 43 of 2019) sponsored by the Member for Tiaty and which was passed by the House today afternoon, clearly concerns county governments and the participation of the Senate in its passage is therefore mandatory. Hon. Members, that is the Speaker’s considered opinion which he undertakes to also share with the Speaker of the Senate in furtherance to the provisions of Standing Order 121(3), when forwarding the Bill to the Senate, now that it has been passed and read a Third Time today afternoon. The House is accordingly guided. I thank you."
}