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"id": 1057742,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1057742/?format=api",
"text_counter": 84,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma (",
"speaker_title": "",
"speaker": null,
"content": "Hon. Speaker, we have Parliament at the national level with the two Houses as the legislative arm of the national Government. At the county level, we have the County Assemblies as the legislative arm of the County Governments. What is not shared out with governments at the county level is the Judiciary. The question we must ask ourselves is how does the Parliament of the national Government, comprising of the Senate and the National Assembly, sit to prescribe matters for parliaments in the counties? How would matters to do with subsidiary legislation be dealt with in the 47 counties? We should remember the subsidiary legislation, or regulations, are out of delegated authority. As the Hon. Speaker has rightly said, authority will be delegated by that parliament, which is the County Assembly in the context of a county government. It is that legislation in the county that will say there could be delegated legislation or regulations of this nature. It is that legislation in that individual County Government that will prescribe matters around which regulations can be made. It cannot be for this House to come up with a law that will tie the hands of a County Assembly or dictate certain matters to the County Assemblies. Our equivalent at the county level can determine how they want to do their things and under what regulations. We must reject any attempt by this House to purport to legislate for the county governments because it is unconstitutional. It is like the national Government, through the national Parliament is dictating to the County Governments and the County Assemblies how regulated authority should be spoken about."
}