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{
"id": 1565542,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565542/?format=api",
"text_counter": 227,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "This is an issue where the Senate must stamp its feet and insist on the calculus we developed. We had proposed that counties receive Kshs465 billion in this financial year, regardless of the fiscal stress faced by the national Government."
},
{
"id": 1565543,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565543/?format=api",
"text_counter": 228,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
},
{
"id": 1565544,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565544/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "This is because anything less would reduce counties to mere cash-flow operations, covering salaries, but failing to fund any meaningful development. Without development projects, it goes without saying that money will not circulate in our counties. The second calculus I wish to emphasize is the matter of courage. I do not understand where the National Assembly derives its confidence. When elected by the people of Kenya to represent their respective constituencies, one of their role in Parliament is simply to approve audited reports submitted by the Auditor-General. That is a simple job; review, scrutinize, read, understand the findings in the Auditor-General’s reports on the previous year’s financial statements of the country, and either approve or disapprove them. Yet the National Assembly of Kenya has only managed to approve the last audited report for the financial year 2020/2021. This issue is of importance because, under Article 203 of the Constitution, equitable revenue sharing between the national Government and county governments is determined based on the last audited reports considered and approved by the National Assembly. Where is the justice for devolution, county governments and the people of Kenya, if the last audited report used as the basis for revenue sharing between the county and national governments is from the financial year 2020/2021? This is simply absurd. In fact, one must question where the Majority Leader of the National Assembly finds the courage to lead a House that submits such a Division of Revenue Bill to the Senate of Kenya. I say this without mincing my words. We must fight to ensure that the Senate of Kenya functions as a true ‘upper’ House in Parliament. If necessary, we must be prepared to sponsor our own Bill to solidify this role. The National Assembly must recognize the importance of legislation that emerges from a constitutional democracy. Adherence to the Constitution is paramount and proper legislative processes must be followed. The Division of Revenue Bill continues to be sent to the Senate without due regard for constitutional requirements. Even after the High Court ruled that Parliament must consider audited reports within three months, we still have two years’ worth of reports pending approval. The impact is that this becomes a con game from counties. I am using that word very strongly, because if you are projecting that you will raise Kshs2.7 trillion this year and allocate money for counties based on the financial year 2020/2021 and financial year 2022/2023. The other financial years are not considered. If you do the calculus, our revenue is growing. Additionally, the county revenue will never grow commensurate to what the National Assembly is giving to the national Government. This must be corrected. If it is 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": 1565545,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565545/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "not corrected, then it means the counties are not getting equity as required by the Constitution. Equity is the word. There is no way you can raise Kshs2.7 billion, adjusted to inflation and then you give the national Government 85 per cent of that money because there is augmented reasoning around finance. This House must insist on this. I want to wish the Majority Leader and the Majority whip the courage. If they cannot confront their counterparts in the National Assembly by day, they must confront them by night and have this conversation around audited reports. If we use the latest audited report, counties should be able to get Kshs 470 billion. From this, if they were approved as they were from last year. This is a very pertinent issue that I wanted to stress on. As I finish, I think it is very important that I mention that we cannot miss an amendment on money that goes to the Equalisation Fund. The Equalisation Fund established under Article 204 is facing a serious sunset. The monies that are owed for the Equalisation Fund, apart from the fact that it will be 20 years gone without being able to make remedy of Sessional Paper No.10 of 1965, where counties did not get proper adjustments in terms of roads, water and electricity that was envisioned by that particular Article, there is an urgency in terms of making sure that money works. If you allocated money for these counties to do roads, electricity, give water in 2013 and it was not given and the national Government owes that money to counties up to date, what is the value of that money now compared to if it had been released in 2013? Will these northern frontier counties that were affected by this Sessional Paper ever get their fair share and the equitable development that they need to get? I doubt because the value of money keeps on changing. Consequently, because the CRA under Articles 116 and 117 has been given the mandate to help restructure cooperation around the Equalisation Fund, there are some pockets of communities that equally face some form of marginalisation. For instance, where I come from, if you go to a place like Komosoko Nyamosense, the people of Kuria have faced serious marginalisation. If you come to Nyatike Sub-county, the people of Muhuru Bay have faced some form of marginalisation. The people of Sori have faced some form of marginalisation. If you go to Kuria East in Migori County, a place called Masangora has faced some form of marginalisation. Accordingly, in its wisdom, the CRA saw that they should be included in this Equalisation Fund. I know that up to over 34 counties, including where my good Senator from Kakamega comes from, there are some places that people still live in pathetic areas and lifestyles, without basic human needs. These are water, roads and electricity. This is becoming a strategic debt. I am saying strategic because the national Government has constantly secured this Fund and never given money to the counties. Therefore, the Equalisation Fund must go back to the counties."
},
{
"id": 1565546,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565546/?format=api",
"text_counter": 231,
"type": "speech",
"speaker_name": "Sen. Oketch Gicheru",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, I know that my time is much spent, but I want to state this. We should support this report the way it is, but look at the amendments--- 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": 1565547,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565547/?format=api",
"text_counter": 232,
"type": "speech",
"speaker_name": "Sen. Mumma",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Karen Nyamu, you have the Floor."
},
{
"id": 1565548,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565548/?format=api",
"text_counter": 233,
"type": "speech",
"speaker_name": "Sen. Nyamu",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, the Division of Revenue Bill is a requirement of Article 218 of the Constitution. The main operative word for this Bill is equity. Its purpose is to allocate funds for continuity of services and programmes at both levels of Government."
},
{
"id": 1565549,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565549/?format=api",
"text_counter": 234,
"type": "speech",
"speaker_name": "Sen. Nyamu",
"speaker_title": "",
"speaker": null,
"content": "Allocation of revenue to the counties will dip from 10.4 per cent in the financial year 2024/2025 to 9.3 per cent in the financial year 2025/2026, while the allocation to the national Government will increase. We, as a House, through our Committee, proposed that counties be allocated Kshs465 billion in view of the various functions that have been devolved."
},
{
"id": 1565550,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565550/?format=api",
"text_counter": 235,
"type": "speech",
"speaker_name": "Sen. Nyamu",
"speaker_title": "",
"speaker": null,
"content": "We have devolved medical services in a big way. We also devolved pre-primary education. There are also many other functions and services that county governments are expected to provide to the citizens that need financial support."
},
{
"id": 1565551,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1565551/?format=api",
"text_counter": 236,
"type": "speech",
"speaker_name": "Sen. Nyamu",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, in this Bill, they have factored Kshs10.5 billion as Equalisation Fund arrears that has been allocated to county governments. They are giving that as a reason for suppressing allocations to county governments, while we know that the Equalisation Fund is a Special Fund aside from the money that should go to the county governments."
}
]
}