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"content": "pioneers. When we went around county assemblies we found that this is something which was completely alien. I am glad to hear previous Members of the Committee, Sen. Sijeny being one of them, reporting that county assemblies are now up to date. I am, therefore, pleased to comment on the provisions of this Bill starting with Clause 3. Clause 3(2) refers to the application of this Bill and states that nothing under this section may be construed as precluding a county assembly from applying the provisions of this Act to any published Bills awaiting consideration by a county assembly. This is laudable for the reason that there are many Bills that have been passed by several county assemblies and which are now law. However, these Bills do not have any accompanying subsidiary legislation, rules and regulations. That we have allowed this Bill when it becomes law to also apply to those ones that were passed earlier on is recognizing that we have had this vacuum in the current set up of the county assembly legislation. Therefore, we must laud the Committee for Clause 3(2). Madam Temporary Speaker, Clause 5 speaks to the consultations that are necessary before making statutory instruments. This is something which must be supported and emphasized. We have critical Bills that are passed by county assemblies, for example, the most critical being the Finance Bill. It usually has far reaching recommendations that affect the way business is done and the cost of doing business. The country will recall when the Kiambu and Kakamega county executives were at one time misguided to bring Finance Bills that brought unreasonable and archaic provisions that include amongst other things, taxing of the dead, chicken, goats and hens. It was crazy. I am glad that the people came out strongly and did public picketing. Some of them were joined by their respective Senators and this is a Statement that is now being addressed by Clause 5. It now ensures that before any regulation or rule becomes law, it should have attracted public participation. One of the areas where county executives want to make some money through the Finance Bill is the use of public institutions like stadia and open grounds. I know you as an agile politician and when you want to host us, you normally ask the Nairobi County Government to give you Uhuru Park and other grounds like Baba Dogo, Masinde Muliro in Mathare and so on. The county executive has been quick to impose fees for the use of these grounds. For example, if you go to use Muliro Gardens in Kakamega, you are expected to pay Kshs100,000. Whereas that is good money for the county executive, the regulation should go further, break it down and say that if it is a national political rally, that is a big thing so, let them pay Kshs100,000. If it is a county political rally, probably, let them pay Kshs50,000. If it is a ward rally involving a Member of the County Assembly (MCA), let them pay Kshs20,000. Further, if it is a church that wants to make use of it, let them pay Kshs10,000. If it is a school that wants to allow our children to use Muliro Gardens, Bukhungu Stadium or Kenyatta Stadium in Machakos, they should pay small fees. Otherwise, if we do not do this public participation, we will end up locking out the communities that were meant to be served by these particular institutions. Suppose I want to go and do the finals of our annual bull fighting events in Kakamega County and you ask me to pay Kshs100,000 at Bukhungu stadium, you are The electronic version of the Senate Hansard Report is for information purposes"
}