29 Sep 2021 in Senate:
Thank you, Mr. Temporary Speaker, Sir. I rise to give my contribution. Before I say whether I support the recommendations or otherwise, I would like to disclose that the Committee on Finance and Budget that I have been serving since 2013 had the opportunity of dealing with these regulations; the ones that were nullified by the court and the Bill proposed by a private member. I am uncomfortable that we did not consolidate the work of the Finance and Budget Committee and that of the Committee on Delegated Legislation. We had gone into great detail on what the court was ...
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29 Sep 2021 in Senate:
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29 Sep 2021 in Senate:
we are doing today is merely academic if not academic. There is a time period prescribed under the PFM Act. This is the problem we had with the original regulations that were passed in 2014. We attempted to amend them and the National Treasury refused because we are now caught between a rock and a hard place. We do not agree with a clause that in itself creates a problem in counties. What do you do with it? It has already become law and we cannot publish a corrigendum; we do not have jurisdiction. I have a problem and I ...
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29 Sep 2021 in Senate:
Mr. Temporary Speaker, Sir, I have looked through these regulations and I cannot see it. What happened to that money? The criteria in the first and second policy are not the same. We do not want the projects that were identified in Wajir County in the first policy to be lost in the second policy. These regulations as they are, we are going to have a problem with the money that is already budgeted. It is not mentioned in this policy. The Chairman can correct me if it is there because I have not seen it. Unless it is clearly ...
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29 Sep 2021 in Senate:
We should ring-fence the existing fund and the projects that are already identified. Some of the Members who are seated here are beneficiaries of the first policy. However, with these regulations, they will lose that money. This money will be lumped together
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29 Sep 2021 in Senate:
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29 Sep 2021 in Senate:
and then split amongst the ones that are identified by the Commission on Revenue Allocation (CRA) and that is unacceptable. There is a reason why we should have provided a transition for the first and second policy. The reason we had a problem with the formula is because there are some people in this country who do not think that there are places in Wajir, Mandera, Isiolo and the others that have been marginalized since 1963 that should receive resources. It is for that reason that at every opportunity we have as the Senate, we must make ourselves very clear ...
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29 Sep 2021 in Senate:
On the issue of project identification and administration of the fund, the first board spent Kshs652 million on four chopper rides and their report was nullified by the court. If you look at the comments by the Council of Governors (CoG) who went to court to challenge the first tranche of regulations, you will realize that these regulations are bound to go back to court because they do not follow to a large extent the pronouncements of the court and I wonder why. However, the answer is simple. The people who are fighting marginalized areas have found their way back ...
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29 Sep 2021 in Senate:
I am afraid that I have to say “no” to these regulations based on the things that I have done in the Standing Committee on Finance and Budget. It will be a contradiction for me to accept this process as it is; absolute contradiction. I am not doing this because Makueni County is not listed among the counties that are set to benefit from the fund. My point is that this is wrong. It is wrong at so many levels that we cannot amend a regulation. If we had a process to relieve the county committee in its entirety and ...
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