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"speaker_name": "Sen. Cherarkey",
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"legal_name": "Cherarkey K Samson",
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"content": "Madam Temporary Speaker, from the onset, I support the National Rating Bill (National Assembly Bills No.55 of 2022). I know there is a lot of growth in the country, especially in terms of development, acquisition and valuation of properties, even in waivers, and many others. In most cases, there is always the aspect where we do a valuation roll. As the Vice-Chairperson of the Senate County Public Accounts Committee (CPAC), we normally request for the valuation roll because it forms the basis own source revenue; valuation, assets and liabilities register."
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{
"id": 1400502,
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"content": "[The Temporary Speaker (Sen. Veronica Maina) left the Chair]"
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"id": 1400503,
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"content": "[The Temporary Speaker (Sen. Mumma) in the Chair]"
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{
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "We normally see county governments using a lot of money to do all manner of things, such as putting up banners and advertising on media saying they are waiving land rates, land fees and many other charges. However, it is important to have discipline and order in the legal framework. Last week, I was meeting my sugarcane farmers and, as we all know, there is a Sugar Bill that is under consideration at the moment. There must be order in every sector. You cannot just wake up one day and say you want to do waivers, yet you intend to waive it on behalf of your friends or specific interests. So, there must be a certain threshold. The biggest defaulter in paying land rates is this country is the Government. In Nairobi City County, for example, Gov. Sakaja will tell you that most of the pending bills are for Government agencies. That is the sad reality that we owe billions of shillings and it hampers the own resource revenue. Where I come from in Nandi County, own source revenue is a sad story. We do not want to open it because it looks more like an eulogy or some sort of defence of total misnomer in terms of collection of it. Unlike in Makueni County, in Nandi, we have tea. We also have cess from Sugarcane, which forms one of the basis. We were with farmers at Aldai-Maraba of Chemilil-Chemase Ward, near Kisumu, 17 kilometres near Miwani, Kipkorok and Samoget at Maraba Primary School grounds. One of the issues that cropped up was the state of cess that is being collected from sugarcane and tea farmers. It affects the own source revenue of individual counties. I heard the Senator of Nyamira County highlighting a county that has seen significance change in terms of leadership. It is where Senator Beatrice Ogolla comes from. In my county is that you collect cess, but the roads are not passable. For example, Chemelil-Maraba road is in a deplorable condition. I was also with sugarcane farmers at Chepterwai in Mosop Sub-County and they were complaining about cess. So, this issue of rating and waivers forms part of own source revenue. The sugarcane farmers come from the same region. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
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"id": 1400505,
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "For example, in northern Nandi, they wanted to be part of Hon. Oparanya's recommendation on sugar, to be part of Kakamega, the northern Nandi, and part of of Bungoma and Trans-Nzoia. On the southern part of Nandi, they want to be part of the central region of Nandi, Kericho, and Kisumu. Interestingly, we are discussing how to generate own source revenue, not only in rating. However, we are 18 kilometres to the next factory in South Nandi and another factory in Kakamega County. For example, we have Butali Sugar Factory or Kabras Sugar Factory. On the other side, it is Kibos, Muhoroni, Miwani, and Chemilil. So, they were arguing and the Standing Committee on Agriculture, Livestock and Fisheries will resolve that as a House. I want to assure farmers because our work is to protect their interests. They want to see value when they pay sugarcane and tea cess We are lucky as Nandi County because we have cess. If you go to Makueni County, I do not know whether the county collects cess from mung beans farmers. I do not know whether fish attracts some cess for counties around the lake region, but I highly doubt that. You and I come from that region. There is cess, but we must see the value in terms of maintenance of roads. In valuation and powers of valuers, we need to organize. This is because valuers are very important. However, we do not want them to inflate the issue of valuation so that it becomes easy. On the issue of discounts, when governors do waivers, they must be specific on how much discount they are giving out. When you buy something, you are given a 10 per cent discount. However, they give 100 per cent waivers, but give a discount of 50 per cent. So, how will they enhance and generate own source revenue base? Madam Temporary Speaker, allow me to say three things in quick succession so that we can finish on this Bill and move forward. Clause 7 states that- “A County government may levy rates on land and buildings in accordance with the provisions of this Act and any county legislation.” This has been provided under the provision of the Constitution on power to do taxation by county government. There is nothing new here because we levy rates on land or buildings. However, they should not become unpredictable because it will affect the ease of doing business. If you are paying a land rate, for example, at Kshs1000 per acre, counties are free and they might amend in the next financial year because of the appetite to raise own source revenue. They might decide to do Kshs10,000 which will chase away the investors. Madam Temporary Speaker, at least, you are more exposed than a number of us. In some countries, the rich do not pay taxes. I know many people are uncomfortable. The reason they do not pay taxes is to let them do investments, hire more people, and then they go for your Pay as you Earn (PAYE). That is how they recoup. I know people like Senior Counsel, Sen. Dan Maanzo, might not agree with me, but when you travel to serious established economies, the rich do not pay taxes. They are encouraged and given incentives to invest more. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
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"id": 1400506,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1400506/?format=api",
"text_counter": 194,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"speaker": {
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"content": "If you allow a factory to be established, for example, in Chemilil-Chemase Ward in my County of Nandi, and you are doing around Kshs1 billion, it can hire up to 2,000 engineers, labourers and loaders. So, the value that will come will be much more than the tax that you pay. So, I think we need to look at Clause 7. I know that the Senate Majority Leader is following and listening. We should not allow counties to do more because we have seen what they do when we pass the Finance Bill. We have the Finance Act, which also affects counties. At the moment, we are trying to enhance accountability. There is a proposal to reduce the time period of doing financial statements by county governments and other entities to be within one month, as opposed to three months as provided by the Public Finance Management (PFM) Act. This includes even amending it in accordance with the International Public Sector Accounting Standards (IPSAS), which should be changed from cash to accrual basis. On the issue of payments of rates, as a Member of the CPAC, we need to be careful in terms of payments because counties take advantage. Can you believe that one county had almost 100 commercial bank accounts? Some of them even deposited money from the World Bank given as conditional grants. Under the PFM Act, it is clear that you must create a special purpose account. However, you will find counties opening 17 or 20 commercial bank accounts without following the PFM Act. That is happening. Allow me to use Nandi because it is my county. In the last financial year, we received money from the Kenya Urban Support Programme (KUSP). We received millions of shillings. The CECM for Finance, in consultation with the Governor, decided to open a fixed deposit account, so that they earn interest. That is violating the requirement to open special purpose accounts. We need to tell counties how they should go about payment of rates. The issue of pay bill is another elephant in the room. We must be careful about automation of revenue systems, use of M-pesa and cash payments. I remember there was a certain county, but I cannot recall which financial year it was. The county offices were about 100 metres to the bank, but they used to lose Kshs96,000 when going to deposit money in the bank. I agree with Members that we must be careful. We do not need to introduce other taxes and levies. We must agree on how to pay them. We must also agree that the designated revenue receiver for a county has to transmit money to the county treasury. It is important so that this process is not abused. We should also figure out remissions or remedies when you pay more or less. The second and final point is on discount. It needs to be fair and we should do due diligent. Discounts are only given based on assessment. You do not just give people discount without looking at their history, credit worthiness and business performance. It does not make sense to give out for the sake of it. Madam Temporary Speaker, I heard one of my colleagues talking about corruption and waivers. Sometimes people are given waivers because they want to The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1400507,
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"text_counter": 195,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "sell property after agreeing with county officials on how to do so. I also agree largely on the issue of valuation together with many others. So that I allow my colleagues a chance to also contribute, let me say this in conclusion. I agree that this is an important Bill. We seek to bring order and sanity in terms of valuation and rating. I remember my colleague here, who is also a Commissioner, stated something about corruption. Many people have accused me of not liking the Ethics and Anti- Corruption Commission (EACC). It is not that I do not like them, but I like saying the truth. The EACC said there is a lot of corruption in counties. I have seen them conducting a conference on the wage bill. Madam Temporary Speaker, I am surprised that the Office of the Speaker was not invited and Parliament is never part of the conversation, yet we are the ones who made regulations that the wage bill should not go beyond 35 per cent as per the PFM Act. I have not seen the input of Parliament, yet we are the ones who pass the necessary legislation and legislative intervention in terms of the wage bill. We have a crisis in the counties. Even when you go to Makueni or Homa Bay counties, you will find different crises in terms of the wage bill. We have staff that transitioned from the defunct municipal authorities including “rat catchers”. Yes, we are aware that some of the counties have “rat catchers” Sen. Maanzo will inform you that you cannot fire them because they are permanent and pensionable. If you do so, they will be reinstated by the Employment and Labour Relations Court. Their business is to ‘catch’ rats and they earn salaries. It is very unfortunate. Up to now, Garissa County is still paying salary to 11 retirees thus losing millions of shillings. In Kisii County, for example, there is an old man beyond 60 years who is still earning a salary. We are all aware that the circular from the National Treasury and the Public Service Commission states that if you are beyond 60 years, unless you are a judge, have an exception or a Person with Disability (PWD), you should not be salaried. Even as we talk about the wage bill conference, I would have expected Parliament to give its experience so that we see how to curb it. I am aware that the national Government is spending a whopping Kshs1.1 trillion in terms of wages and salaries in the country. Even as they conduct that conference, I do not know where they will take the resolutions to. I thought Parliament should be there, so that we transit those resolutions to policy and legislative interventions on how we should assist counties. There are defunct municipal council employees who are now employed by governors. When somebody wins an office, they usually come with their brigade. Sen. Ogola used to work in a county. I am told that in Bungoma County there is a time a former governor hired people to only carry his chair around and they were being paid. Therefore, as Parliament, we should participate in the wage bill conference and tell policymakers and governors to stop misuse and abuse of resources. Madam Temporary Speaker, I want to congratulate you. I did not know you were that courageous when you joined yours truly to condemn the harassment of Sen. Okiya Omtatah. Governors have a lot of money to enable them even hire personal militia. When you question something, there is heckling and harassment. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1400508,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1400508/?format=api",
"text_counter": 196,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
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"content": "There is no proper guidance in terms of the wage bill. In fact, governors have private militias to harass anybody who oppose them. They also have hired radio callers to call in vernacular radio stations to insult people. Others are what we call online armies for governors who insult people on social media and they are being paid. Those are the ghost workers who are almost in all the counties. In fact, Nandi County is leading in terms of ghost workers. Out of Kshs4 billion that goes to Nandi County, more than Kshs1 billion is paid to ghost workers. Their work is to insult those who contravene or question the governor. It is good that some of us are mature and have PhDs in handling such. I empathize and sympathize with other elected people. People like Sen. Maanzo have been enjoying because they have been commandeering with my former colleague and Member of the Committee on Justice, Legal Affairs and Human Rights, now Gov. Mutula Kilonzo Jnr. Madam Temporary Speaker, I was shocked when I went to your county. Somebody was stoking and questioning something valid about a road. However, somebody stood up, took the microphone away and even wanted to beat that person. It is because we have not done well in terms of putting a leash on governors. Just because they have a lot of money, they hire people who do not have any business in terms of the county’s growth. This Bill is welcome. I agree with you that when it comes to amendments, we need to tighten, so that it does not form a platform for abuse. With those many remarks, I beg to support this Bill with amendments. I thank you."
},
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"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "The Temporary Speaker",
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"content": " Proceed, Sen. Ogola."
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"type": "speech",
"speaker_name": "Sen. Ogola",
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"content": "Madam Temporary Speaker, from the onset, I would like to support this Bill. It is a Bill that should have come like yesterday because it spells out the role of valuation"
}
]
}