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        {
            "id": 1626432,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626432/?format=api",
            "text_counter": 108,
            "type": "speech",
            "speaker_name": "Hon. Kingi",
            "speaker_title": "The Speaker",
            "speaker": null,
            "content": " Senate Majority Leader, please proceed."
        },
        {
            "id": 1626433,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626433/?format=api",
            "text_counter": 109,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": " Thank you, Mr. Speaker, Sir, for this chance to also join my colleagues in supporting this very important Bill that responds to a need identified by Kenyans in the process of passing the 2010 Constitution. There is need to bring equality across the country based on various factors which in their consideration, they sat down and thought that all parts of the country are not the same. I have taken time to explain earlier, though perhaps the person that I informed, the 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": 1626434,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626434/?format=api",
            "text_counter": 110,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Senator for Kakamega, either chose not to understand or has a fixed position on this issue and, therefore, found the information not useful to himself. I am disappointed with the two Members that have spoken because they are both Members of the Budget and Finance Committee. This is because they continue to perpetuate a particular thinking which Kenyans disagreed with in 2010 because they felt that without good basis, identifying and believing that there are certain parts of the country based on the general observation that people who live there are wealthy and people who come from certain regions are poor. That is the basis upon which you determine whether the standards of livelihood are worth being brought up to the same level nationally or being left out. It is like assuming that everybody who lives in Karen is wealthy yet you know within the abodes of Karen, there is Kuwinda slum. Everybody believes that if you are to just make a general determination and say people that come from a particular region, you should never address their needs. I heard Sen. Faki say, for example, that he is surprised why Kiambu makes it to the list. I put it to them that in 2018, the Committee on Finance and Budget received a petition from members of the public and they felt that the first marginalisation policy passed by the Commission on Revenue Allocation (CRA) marginalized certain areas. It followed this kind of thinking that in the general interpretation and based on our own thoughts and ideas, that there are certain regions and parts of the country that are way ahead because of certain beliefs. They receive rainfall, I think that is what I heard Sen. (Dr.) Khalwale say. Oher regions because they have had the opportunity of producing a President and things like that. That petition spoke to these issues. Number one, that petition to our Committee reminded us that a county is too large a geographical space when coming up with a marginalization policy. They recommended to us, as a Committee, that we ask the CRA, in their consideration of the second marginalisation policy, which is what is in force today, to be more specific to the least geographical administration unit, which in this country, is a sublocation and see the specific needs of residents of this Republic based on where they live. Mr. Speaker, Sir, I recall what the petitioners asked of us at that particular time, but that it is very easy to be misled and imagine that because of certain advantage of climatic conditions or horticultural practices and certain beliefs that people have held about certain sections of the country, that it is possible to continue to perpetuate marginalization due to general belief that certain regions and certain parts of the country are well-endowed. Second and most importantly is that we were asked to do a proper reading of Article 204. I would wish to read for the benefit of the Members that had spoken earlier, particularly Section 4 which directed that the CRA shall be consulted. The term “consult” in this country got a new meaning during the infamous days of the mkate nusu between Kibaki and Raila after the post-election violence of 2007. You remember that on the Floors of Parliament, there was a big debate about what consultation is. I want to believe that it is on that background that Article 204 speaks 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."
        },
        {
            "id": 1626435,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626435/?format=api",
            "text_counter": 111,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "It does not just say that we consult the CRA. It tells us its recommendation considered before Parliament that we must demonstrate that we did not just listen to CRA, we considered what they asked of us as Parliament. Therefore, when the CRA sat down and retreated to consider and give their proposal of the second marginalization policy, they used sub-locations and they went across the breadth of this country. There are close to 50,000 sub-locations across this country each with already determined matrices of measurement, particularly on the issues. Remember Article 204 has asked of us that we try and bring, they used a very interesting word to general levels of what citizens in the rest of the country enjoy. They speak to water, roads, electricity and health. Out of their report, the CRA proposed to us that in their findings, there are 1,864 sublocations that will fall under the category of what you call marginalised parts of this country. I put it to you, Sen. (Dr.) Khalwale, because you mentioned the county and the people that I represent in this House, that it is actually true, Kericho receives rainfall nearly 11 out of 12 months. However, what do you do with rainfall if you come from a part like Soin and Soliat where the land is 90 per cent stone? You cannot farm on such land. To build even a road in that part of the country, you have to dig through hardcore stone, which is almost five times the cost of what 70 or 80 per cent of the county will enjoy. Mr. Speaker, Sir, it was with good reason that the CRA moved from the first marginalisation policy where the Equalisation Fund was being distributed based on this. What we know and idiosyncrasies that we formed over the years is that this part of the country is rich, this one is poor and reduced it to the least unit of administration and that is a sub-location, in determination of which parts of the country get to benefit from these funds. It is also important that the report that you brought here, Sen. (Dr.) Khalwale and Sen. Faki, actually attests and gives history about this particular discussion. It is 1,424 not 1,824. I appreciate because even in the report that the Committee has brought out, it has told us that despite that decision, Sen. (Dr.) Khalwale, still 60 per cent of these funds find themselves in the hands of the so-called, what you now traditionally refer to as deserving counties to benefit. Your report actually contains a list of these counties which are: West Pokot will get Kshs1.8 billion; Turkana will get Kshs1.8 billion as well; Mandera, Kshs1.2 billion; Wajir, Kshs1.2 billion; Samburu, Kshs1.1 billion; Garissa, Kshs1.1 billion and Baringo Kshs970 million. This tells you that they have not departed completely from the initial thinking that there are certain counties which generally suffer the bias of having been left behind by the rest of the country with regards to provision of services on those three or four aspects that the Constitution identified as important for the basic livelihood of an ordinary citizen of this country. If you are found to be completely out of par with the rest of the country, then you meet that categorization. A total of 60 per cent still falls under those particular counties and the rest of the 40 per cent is shared in these so-called 30 counties which people may debate here or there that either they deserve or they do not deserve. 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": 1626436,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626436/?format=api",
            "text_counter": 112,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "I make the case that I believe that the Committee in agreeing with the recommendations of the CRA did something Solomonic. This is because I would still find it difficult to face certain sections of my county, for example, and tell them that I passed a Bill here on equalisation funds to take resources to certain parts of the country by consideration that generally or traditionally, they are considered to be poor, yet they will show me and justifiably so, that even us, we live in worse or as harsh conditions as those from the particular counties. Mr. Speaker, Sir, the same can be said of all these 1,424 sub-locations that have been listed in the second marginalisation policy. Therefore, if my colleagues hold the view that it was a wrong departure by the CRA and also with us agreeing with them, then I believe that this is the year that the CRA is doing their consideration of the third policy on marginalization. It will be interesting to see what the present Committee will do with them. It will be important to convince us, as a House, to know why we need to depart from that logic. Colleagues, for your information, that Committee was chaired by a Senator from the North, Sen. (Eng.) Muhamud, who represented an extremely marginalised county, Mandera. However, when the facts and figures were tabled, he could not help, but agree and say that it was justifiable. That is what we need to do as a country. That any time we are making decisions on policy, determination or on any aspects, we should consider the true facts as they are. The bigger challenge we have as a country and something that we must do over time, if we, as Parliament, are to respond to the growing needs of our people and the scarce resources that we have to distribute, we must move to levels which have been done by other countries that have found themselves in states and situations such as what Kenya finds itself in. For example, I know for a fact that generally, in a country like India when they want to pass a subsidy of any nature, it is possible to identify direct individuals who qualify under that bracket and say; even if you are buying the same item, Mr. Aaron Cheruiyot, you cannot pay the same price for that item with your house or domestic worker where they live because you have a better spending power than that individual. Mr. Speaker, Sir, as it is today in our country, 60 years later after Independence, when we want to pass a policy on bread, a favourite item that I keep on using; and we believe and wrongly so, that if you pass subsidy on bread like we do - and that is why we zero rate it - we have helped accommodate the poor that feed on it. While that may be true for many of us that are in the urban settings, it is not an accurate representation of the consumption of that item in the morning by almost 70 or 80 per cent of the citizens of this Republic. Secondly and most importantly, even for us who are in urban settings, there should be a price differentiation between those who live in certain affluent neighbourhoods and can afford to pay slightly better and those who actually deserve it. It is until we do something akin or similar to what the CRA did in the transition from the first to the second marginalisation policy that we will say that as a country, we are indeed looking after the welfare of those that are not as endowed as others. 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": 1626437,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626437/?format=api",
            "text_counter": 113,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Mr. Speaker, Sir, this issue of making general provisions and saying; it is commonly believed that the people in Kwale or others from some other part of the country are poor and yet, there are more rich men in that county who can afford things better than even the so-called “rich counties”. We are not certain. No one has done a study to establish those facts on what would qualify to be a rich or a poor county. We know the Kenya Bureau of Standards (KeBs) publishes these statistics. It is what we used in our formula when we were using the poverty index to make a determination on what is a qualification of an individual. There is something that is of concern to me and I do not know why Members of this Committee approved of this. I have tried to scan through the findings of the Committee deeply. This Committee of Sen. Boni and Sen Faki does not speak to the fact about the recurrent expenditure in the Equalisation Board that we created; a body that distributes just Kshs16 billion is given Kshs504 million. That is a lot of money. It will interest me to know whether the Committee interrogated them and sought to establish what it is that is complex. The CRA had already done the job. It is our duty to determine how much goes to each and individual parts of the country. What is this job that they still have to do that will require a staff establishment that consumes an entire Kshs540 million per financial year? On the National Government Constituencies Development Fund (NG-CDF), we may not like it as Senators, but the way that law was structured continues to impress upon Kenyans because of how lean it is on recurrent expenditure. About 97 per cent of the funds that go to the constituencies go to tangible projects. There is a capping of only 2.5 per cent on recurrent, to keep operations of offices here and there. Mr. Speaker, Sir, it will be my assumption that on a matter as important as the Equalisation Fund that we will limit additional expenditure by way of salaries to individuals, I say this with tremendous respect to the people who work in this institution that this is a matter that should have perhaps one co-ordinator per county to oversee and ensure that whatever Parliament has appropriated is put to prudent use. They write a report and it comes to Parliament. If someone has misappropriated the funds the laws exist on how to punish those individuals. Mr. Speaker, Sir, this is a point of concern, which I hope that when our Committee gets to interact further in their nature of work and perhaps in the new financial year, or later on, Sen. Faki will come back to the House with a recommendation on how to take down that recurrent cost in this Board. It was the thinking of the Kenyan people that we will spend more of these funds in trying to bring equality in the four-listed areas. It is further provided that in Clause 5 that the authorization by the Controller of Budget (CoB) over withdrawal from the Fund, together with written instructions from the Secretary of the Board, through the National Treasury requesting withdrawal, shall be sufficient authority for CBK to pay amounts given in accordance with the approval and instructions given. 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": 1626438,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626438/?format=api",
            "text_counter": 114,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Mr. Speaker, Sir, I agree with this and it is the neatest way to ensure that once all the project proposals have gone through the rigorous process, because the last time, we passed in this House regulations on how to determine what project to fund. I like the fact that the Constitution is extremely explicit on the items the counties need to be brought up to par with the rest of the country. For example, you cannot sit and say that there is an item where certain counties are far way ahead of us and we need to catch up with them. It is limited to the four items I named earlier. Therefore, it is my hope and plea that the CoB will stick to the regulations we passed. Mr. Speaker, Sir, I celebrate the industry of this Committee. Sen. (Dr.) Boni Khalwale had earlier invited me into a contest on which one was useful between the Committee that I served in and the one that he serves in. That is an invitation I reject vehemently because it is served by Members who were equally as good as he was when he served in that Committee. I would not wish to engage in that debate, but I have given my thoughts. Mr. Speaker, Sir, it will be interesting to listen to them because we have the chance to vary that policy later this year. Sen. Boni and Sen. Faki will lead us into making it better than how the second one is; which is this one. We will gladly support because I believe, as a country, we must mature to a level of refining our processes and procedures as well as making them better to ensure that we respond to the needs of the ordinary citizens. Using this basis, it is possible even to take this further in all the areas and sectors, including on development. I agree with my Whip that, for example, when it comes to the distribution of road resources, there is a big problem in the country. I do not know what the Cabinet Secretary said because I did have the benefit of listening. It would be nice because to the best of my knowledge, I read the Cabinet dispatch, which said that there shall be an invitation through privately sourced funds through PPP for interested bidders and individuals to do the project, similar to what was done for the Nairobi Expressway, from Nairobi here, all the way to the border in Malaba. If there has been a departure, I would not know. However, it will be interesting to know."
        },
        {
            "id": 1626439,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626439/?format=api",
            "text_counter": 115,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Sen. (Dr.) Khalwale, we just listened to the Ministry of Roads and Transport on this very hot topic on securitization of the Road Maintenance Levy Fund (RMLF). It is meant to pay Kshs580 contractors who have done works worth Kshs175 billion. What is of concern to me and I have said this many times, is that those opposed to it, including that particular gentleman who spoke about it yesterday, lead on the list of beneficiaries and people who have benefited from road contracts in their constituencies and counties. What will I tell the people of Kericho County when I return home this weekend? Will I tell them that they are not part of the Kshs580 contracts out of the first phase of securitization?"
        },
        {
            "id": 1626440,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626440/?format=api",
            "text_counter": 116,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Mr. Speaker, Sir, you know very well that after the political dynamics of the last administration, certain parts of the country, including part of the county that I represent in this House, were completely blacklisted. Not an inch of tarmac was done in that part of the country. 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": 1626441,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1626441/?format=api",
            "text_counter": 117,
            "type": "speech",
            "speaker_name": "Sen. Cheruiyot",
            "speaker_title": "The Senate Majority Leader",
            "speaker": null,
            "content": "Today if we are told that in our consideration of how to finance roads, the Government cannot do some sort of equalisation like what we are discussing here, it means we will stay another five years without an inch of tarmac, while we know for a fact that in certain parts of the country, they have even overpasses and underpasses. There are very beautiful roads which only donkeys walk on because there is nothing else to do. That is not fair."
        }
    ]
}