Constituencies Development Fund Amendment 2013 - as Plain Text by MWakili

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I Ii (Natlonal Assembly Bllls No, ?,4 Kenya Gazetle Supolement REPUBLIC OF KENYA PPLEM ENT KENYA' CAZETTE SU NATIONAL ASEEMBLY BILLS, 2013 EONTENT Rill for Introduetlon lnto the Natlonal Arrembly: PACIE The onrtltuene ies Development Fund (Amendment) Blll,2013 737 PRINTED AND PUBLISHED BY THE COVERNMENT PRINTER, NAIROBI 737 THE CONSTITUENCIES DEVELOPMF]NT FUND (AMENDMENT) BILL,2013 A Bill for AN ACT of 'Parliament to amend the Constituencies Development Fund Act, 2013 ENACTED by the Parliament of Kenya, as follows 1.

This Act may be cited as the Constituency shorr title.

Development Fund (Amendment) Bill, 2013.

2.

The Constituency Development Act (in this Act Amcnrlmcntor referred to as "the principal Act"'is amended in section 4 :"r':i#;l* by deleting subsection (2).

3.

Section 2O sf the principal Act is amended by Anrcndmcntor deleting the word'Joint" appearin! in subsection (2).

;f:il;,'r:t* ( 738 The Constiruenc ie s Deve toiment Fund Amendment) B ill, 20 I3 MEMORANDUM OF OBJECTS AND,REASONS The principal object of this Bill is to amend the Constituency Development Fund Act, 2013 so as to clarify that the Constituency'Development Fund is not addi'tional revenue to the county goyernments undbr Article 202 (2) ot the Constitution as erroneously gtipulated in the Act.

The spirit of the Act is that the Fund be administered at the constituency level as it arises from the powers conferred upon Parliament by Article 2A6Q) (c) of the Constitution to impose a charge on the Consolidated Fund.

The Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

The Bill does not concern county governments in terms of Article 109(3) of the Constitution and it does not affect the functions and powers.

of county governments recogniied in the Fourth Schedule of the Constitution.

This Bill is not a.money Bill within the meaning of Article I 14 of the Constitution.

The enactment of this Bill will not result in additional expenditure of public funds.

Dated the 2nd August,2Ol3.

MOSES LESSONET, p*St lo Co ns it ue ncy D ev e rr r, ;Y{:ff;i;'.

The Constltucnclis Devclopment Fund (Amendment) Blll, 2Ol3 Section 4 which it is proposed to ameild: 4 (1) There ii established a fund to de known as the Constituencies Development Fund which shall- (a) be a national fund consisting of moneys of an amount of not less.

than 25% (two and half per centum) of all the national government ordinary revenue,collected in every financial year; (b) comprise of any moneys accruing to or received by the Board from any other source; (c) disbursed by the national government through the Board to constitugncies as a grant to be channeled to constituencies in the, manner provided for by this Act; (d) be administered by ihe Board;.

(2) All moneys allogated un{er this Act is additional Revenue to the county governments under Article 202 (2) of the Constitution to be administered according to section 5.

(3) The Fund established under this section shall be the successor to the Constituencies Development Fund .established by section 4 of the Constituencies Development and Act, 2003.

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