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{
    "id": 1089465,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1089465/?format=api",
    "text_counter": 50,
    "type": "speech",
    "speaker_name": "Sen. Were",
    "speaker_title": "",
    "speaker": {
        "id": 13183,
        "legal_name": "Petronila Were Lokorio",
        "slug": "petronila-were-lokorio"
    },
    "content": "Act does not provide for the establishment of the office of a county printer that will then publish these gazettes. Article 185 (1) of the Constitution provides for the legislative authority of county governments in the following terms; the legislative authority of the county assemblies under Article 185(1) states that: - “The legislative authority of a county is vested in, and exercised by, its county assembly.” Article 199(1) of the Constitution on the publication of county legislation states that: “County legislation does not take effect unless published in the Gazette.” Article 199 (2) of the Constitution states that: “National and county legislation may prescribe additional requirements in respect of the publication of county legislation.” Hence the prescription of this Bill by the Senate of Kenya. Section 23 of the County Governments Act No.17 of 2012 states that in the publication of a Bill, “A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette.” Section 25 (1) and (2) of the County Governments Act No. 17 of 2012 further state that a legislation passed by the county assembly comes into force in the following terms: (1) A legislation passed by the county assembly and assented to by the governor shall be published in the county Gazette and Kenya Gazette within seven days after assent. (2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the county Gazette and Kenya Gazette, whichever comes earlier, unless the legislation stipulates a different date on or time at which it shall come into force.” Kindly note the use of the word ‘shall’ in Section 25(1) that means that it is important to have a county gazette in place otherwise the county assemblies are making laws that can easily be termed as unconstitutional. You can also see that Section 25(2) also mandates the county assembly legislation to have their laws if passed be published in the county gazette. Mr. Speaker, Sir, Section 30(2) (l) of the same Act states that: - “(2) Subject to the Constitution, the governor shall— sign and cause to be published in the county gazette, notice of all important formal decisions made by the governor or by the county executive committee.” Mr. Speaker, Sir, such publications include appointments, policy changes and all the others that must be published in the county gazette as much as it is published in the national Government Gazette."
}