4 Jul 2019 in Senate:
Thank you very much, Mr. Deputy Speaker, Sir. I am happy that the two Houses of Parliament have agreed on a version of a Bill that can be passed into law now. The Constitution of Kenya 2010 contemplated a situation where the two Houses can have different opinions regarding particular Bills. This is provided under Article 112 that if there is disagreement in terms of the passage of a Bill, then this matter will be referred to the Mediation Committee. Article 113 of the Constitution provides how the Mediation Committee should proceed. It is then foreseen that the Committee will ...
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4 Jul 2019 in Senate:
supposed to be a food secure country and agricultural county. We are all aware that we have a serious problem in food supply in this country. I congratulate the Mediation Committee on this particular Bill for having agreed on a version to be passed by both Houses as contemplated in our Constitution. I gave a report yesterday because the originating House of that Bill is the National Assembly. There are no two way about it; that Bill must be reintroduced. There is nothing which stops this House to publish that Bill because it is a Bill which concerns counties, but ...
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3 Jul 2019 in Senate:
Mr. Deputy Speaker Sir, I rise, pursuant to Standing Order No.51(1) (a) of the Standing Orders of the Senate, to make a Statement concerning the status of the consideration of the Division of Revenue Bill, 2019. The Division of Revenue Bill (National Assembly Bills No. 11 of 2019) was published on 6th March, 2019. The Bill was passed by the National Assembly without amendments on 26th March, 2019 and transmitted to the Senate. The Senate passed the Bill with amendments on 30th April, 2019. However, the National Assembly rejected the amendments proposed by the Senate and the Bill was referred ...
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3 Jul 2019 in Senate:
The main contention was on the county equitable share allocation for the Financial Year 2019/20. The Senate's position was that counties be allocated Kshs327 billion based on increasing the previous year's equitable share allocation by 4 percent (core inflation) while the National Assembly's position was that counties be allocated Kshs316 billion, which would be Kshs2 billion above the previous financial year. The Committee did not agree on this issue. Therefore, the mediation failed and the Division of Revenue Bill, 2019, was defeated.
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3 Jul 2019 in Senate:
Mr. Deputy Speaker Sir, Article 218 (1)(a) of the Constitution provides that the Division of Revenue Bill shall divide revenue raised by the national Government among the national and county levels of government in accordance with the Constitution. The Division of Revenue Bill therefore forms the basis upon which the two levels of Government prepare legal instruments for public expenditure. Without the enactment of the Division of Revenue Bill, the consideration and passing of the County Allocation of Revenue Bill, 2019, a Bill that is crucial to the efficient management of county governments, cannot proceed. Mr. Deputy Speaker Sir, Article ...
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3 Jul 2019 in Senate:
The counties have therefore been placed in a precarious position as the option of vote on account can only be exercised with respect to funds already present in the respective County Revenue Funds. As there will be no transfer of any revenue raised nationally to the counties in the absence of a Division of Revenue Act, counties will have to run their affairs with a fraction of the funds they actually require. This will have an adverse impact on the ability of counties to effectively discharge their functions as set out under the Constitution. It is with great concern that ...
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3 Jul 2019 in Senate:
the Act may be unlawful as it would be “fruit of the poisoned tree” as we say in law. The Act was enacted unlawfully and in contravention of the provisions of the law, and any action taken or purported to be done under it would be illegal. However, notwithstanding the illegality of any actions taken either by the National Assembly or the Executive, the two Houses of Parliament must prioritize the re- introduction, consideration and passage of the Division of Revenue Bill, 2019, in order to enable counties to prepare their annual budgets in accordance with Article 224 of the ...
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19 Jun 2019 in Senate:
Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Wards (Equitable Development) Bill (Senate Bills no 34 of 2018) and its approval thereof with amendments.
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19 Jun 2019 in Senate:
Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Pareno to second.
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19 Jun 2019 in Senate:
Mr. Deputy Speaker, Sir, I beg to move that The County Wards (Equitable Development) Bill (Senate Bills No.34 of 2018) be now read a Third Time. I request Sen. (Dr.) Milgo to second.
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