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"content": "I support this amendment because no one will come and tell us tomorrow that just because Nairobi City County has transferred this function, the governor ceases to have any powers in terms of ensuring accountability. The person who has to be accountable as per Article 179 of the Constitution is the governor. Article 179 of the Constitution places the governor as the Chief Executive Officer (CEO) and the deputy governor as the deputy CEO. In fact, the Constitution does not place the President as the CEO of the country. It is only the Governor who is defined as the CEO of a county. I hope that our colleagues will see sense in this. Also when this Bill gets to the President, he should see the sense in it because we are trying to protect our Constitution. Today if you ask the Nairobi City County Government to give you a status update on all the functions that have been transferred to NMS, they will tell you to go to NMS and get it yet, it is their responsibility. If you go to the County Assembly of Nairobi today and ask them how things are being done in terms of the Level 5 hospitals, ask them on the issues Sen. Sakaja was raising on Intensive Care Units (ICUs), among other issues, they will tell you they do not know anything. NMS is running this county as if it is their own property. They make the law and determine what has to be done. I dare say that the Constitution is suspended when it comes to the issue of NMS in this country. This is an illegality which we must state so that we correct it. I am quite happy with the accountability aspect which I heard Sen. M. Kajwang‟ describe on how these transferred functions should be funded. Today, if you ask the County Assembly and the County Executive of Nairobi headed by the Deputy Governor on how much money has been budgeted for building hospitals in Nairobi, they will tell you they do not know. Whatever is budgeted, more money is spent there, the Exchequer releases more money. The other day we saw the President opening hospitals at night. Were those hospitals funded through the sharable revenue? Where did the money come from? There is the illusion that the President or the Executive arm of national Government owns all the money in this country. This is a fallacy which we must tell as it is. It is Parliament that allocates the revenue which is shared between the national Government and county governments. This Bill will be important for future the government because of the transfer window. Today, we are well aware that the transferred functions or the deed of transfer will be lapsing sometimes in March of 2022. I am 100 per cent sure that currently there is a lot of debate, lobbying and pressure for the Executive of Nairobi City County to sign the transfer of functions all the way past March, 2022."
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