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"content": "At the end of the agreement, it is important that a stock-take is done. Which entity would do that? Even though we have not provided for it, I see the IGRTC being the nexus between the national Government and county government at the lapse of an inter- governmental agreement. Mr. Temporary Speaker, Sir, two weeks ago, we had a retreat with the IGRTC and this matter came up. They proposed that if we could amend this to provide for the role of the IGRTC to be the custodian of all deeds of transfer and also the entity that will take stock of assets and liabilities at the end of the period of the agreement. I think it is a reasonable suggestion that could come by way of amendment before the House passes this Bill. In the case of Nairobi City County, they were completely out of the picture and yet it is a statutory body that is meant to balance both ends. As Sen. Sakaja sometimes puts it very interestingly, devolution is not just about counties. It is the delicate balance between the interests of counties and those of the national Government. That is why the IGRTC was established. This entity has not delivered to the level that we had expected it to. For example, the issue of transfer of assets and liabilities is one that they have taken to the summit and some resolutions made. However, we have not seen action. We are not seeing things moving. Having sat in the County Public Accounts and Investments Committee (CPAIC) with Sen. Olekina, transfer of assets and liabilities is a recurring audit issue in all the 47 counties. We need to think of ways to empower the IGRTC so that it is able to effectively carry out its mandate. IGRTC has made proposals that if we could also amend the Inter- Governmental Relations Act to expand their scope and give them more powers, then they would play a better job at being the referee. The IGRTC has been given the powers to conduct Alternative Dispute Resolution (ADR). All these cases that county governments are taking to court, suing the national government or the national government suing county governments or county assemblies suing county executives, the IGRTC has the capacity and mandate to carry out ADR in such cases. However, as presently constituted, they find a lot of challenges because even in terms of financing, budgeting and funding, it still comes through the parent Ministry. Sometimes they get really frustrated. Mr. Temporary Speaker, Sir, as we proceed, the Committee on Devolution and Intergovernmental Relations should probably make a few amendments that do not alter the substance of the transfer of functions. They should strengthen the IGRTC to be the empire and custodian of deeds of transfer and be the team that checks on assets and liabilities at the end of the transfer period. I think NMS has acquired many assets. It must be clear that those assets belong to Nairobi City County Government and not the national Government. If we empower IGRTC, then they would keep and inventory of all those assets and liabilities. I want to leave it at that and thank the current and past Members of the Committee on Devolution and Intergovernmental Relations. I would also like to advise the current Cabinet Secretary (CS) for the Ministry of Devolution and Planning to do better than the former CS."
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