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Constitution of Kenya, 2010
to provide basic services including water, roads, health facilities and
electricity to marginalised areas to the extent necessary to bring the
quality of those services in those areas to the level generally enjoyed
by the rest of the nation, so far as possible.
(3) The national government may use the Equalisation Fund––
(a) only to the extent that the expenditure of those funds
has been approved in an Appropriation Bill enacted by
Parliament; and
(b) either directly, or indirectly through conditional grants to
counties in which marginalised communities exist.
(4) The Commission on Revenue Allocation shall be consulted
and its recommendations considered before Parliament passes any Bill
appropriating money out of the Equalisation Fund.
(5) Any unexpended money in the Equalisation Fund at the end of
a particular financial year shall remain in that Fund for use in accordance
with clauses (2) and (3) during any subsequent financial year.
(6) This Article lapses twenty years after the effective date, subject
to clause (7).
(7) Parliament may enact legislation suspending the effect of
clause (6) for a further fixed period of years, subject to clause (8).
(8) Legislation under clause (7) shall be supported by more than
half of all the members of the National Assembly, and more than half
of all the county delegations in the Senate.
(9) Money shall not be withdrawn from the Equalisation Fund
unless the Controller of Budget has approved the withdrawal.
Consultation on
financial legislation
affecting counties.
205. (1) When a Bill that includes provisions dealing with
the sharing of revenue, or any financial matter concerning county
governments is published, the Commission on Revenue Allocation
shall consider those provisions and may make recommendations to the
National Assembly and the Senate.
(2) Any recommendations made by the Commission shall be tabled
in Parliament, and each House shall consider the recommendations
before voting on the Bill.