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{
    "id": 1119720,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1119720/?format=api",
    "text_counter": 397,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Kindiki",
    "speaker_title": "",
    "speaker": {
        "id": 1046,
        "legal_name": "Kithure Kindiki",
        "slug": "kithure-kindiki"
    },
    "content": "Mr. Temporary Speaker, Sir, the party is alive, but in the Intensive Care Unit (ICU). We wish it well, but I have already said from where I stand, I think it is over. Article 186 (1) of the Constitution provides that the functions that are provided for in Schedule Four Parts I and II respectively, shall be exercised exclusively by the national Government and county government, respectively. The lawyers call that exclusive jurisdiction clause. Mr. Temporary Speaker, Sir, Article 186 (2) provides what in law is known as concurrence jurisdiction. It says that a function may be performed concurrently by the national and county governments. Then Paragraph 3 talks about residue jurisdiction which is that any function which is not assigned in Schedule Four either Parts I or II is a function of the national Government. I want to start from that point and say that, indeed, the Constitution is extremely generous to the national Government. It not only assigns them much of the functions that really move the hardware of the state craft. The functional hardware is in the national Government, but also the left overs such that residue jurisdiction of whatever remains also are ascribed or appertained to the national Government. Mr. Temporary Speaker, Sir, nevertheless, despite this generosity from the Constitution, we have witnessed a huge appetite by the national Government to encroach on the little functions that are left to county governments. If you look at Schedule Four, the functions of county governments are very soft on agriculture, county health services, county transport, and so forth and so on. Even where functions are devolved, all policy functions in all sectors across the board are retained by the national Government. Mr. Temporary Speaker, Sir, it reminds me of the story in the Bible of the man who had 100 sheep. One day, he got a visitor and could not countenance slaughtering a single sheep from his herd of 100, but instead went and robbed his poor neighbour who had only one sheep. He robbed that poor man of his one sheep and slaughtered it for the visitor. That is what the national Government is doing to devolution. I am afraid another decade of such direct attack on devolution will kill the cherished crowned jewel of our Constitution, which is devolution."
}