Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 584539,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/584539/?format=api",
    "text_counter": 158,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "“A county government shall not be suspended under clause (1)(b) unless an independent commission of inquiry has investigated allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorized the suspension.” The County Governments Act Section 123 sets out the procedure relating to the suspension of a county government. Of particular interest is Section 123(7) which provides that:- “The commission shall inquire into the matters before it expeditiously and report on the facts and make recommendations to the President” Section 123(8) further provides that:- “Upon receipt of the commission’s report and upon finding that justifiable grounds exist for the suspension of a county government; the President shall within seven days forward the report of the recommendations of the commission together with the petition for suspension of the county government to the Speaker of the Senate.” Hon. Senators, it is evident from my reading of this provisions of the law that where, pursuant to Section 123(8) of the County Governments Act, the President is satisfied that justifiable grounds exist for suspension of a county government, the President is required to forward the report and recommendations of the commission of inquiry as well as the petition for suspension of the county government to the Speaker of the Senate. Thereafter, in accordance with Section 123(9) of the County Governments Act, the Speaker would cause a Motion for the suspension of the county government to be laid before the Senate for consideration by the Senate. It is noteworthy that while the County Governments Act sets out the process to be followed, where the President is satisfied that justifiable grounds exist for the suspension of a county government, no procedure is provided to govern scenarios where the President is not satisfied that justifiable reasons exist for the suspension of a county government. The law as it is presently seems to require no further action on the part of the President where, as is the case with the Petition relating to the County Government of Makueni, the President is not satisfied that justifiable reasons exist for the suspension of a county government. There is no obligation under the law for the President to forward the subject report to the Senate. Hon. Senators, for the reasons that were cited by Sen. Mutula Kilonzo Jnr. in his point of order, as well as the further reasons advanced by the other hon. Senators who spoke to the matter, this is an area that may require legislative review. As the hon. Senators noted, the recommendations of the Commission of Inquiry, aside from stating whether or not a county government ought to be suspended, would most, probably, also make recommendations requiring legislative or other interventions by the Senate. The recommendations may specifically relate to the subject county government, but may also apply to other or all county governments. It does not, therefore, appear logical that such recommendations will remain outside the knowledge of the Senate. I, therefore, direct that the Standing Committee on Legal Affairs and Human Rights considers the procedure set out under Section 123 of the County Governments The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}