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"id": 1119724,
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"content": "streamline further the already existing constitutional and statutory provisions on the issue of transfer of power. Mr. Temporary Speaker, Sir, I submit as follows, despite what I said in my opening remarks: The purported transfer of functional authority from Nairobi City County Government to the national Government was illegal and remains illegal for the following reasons. First, it is a direct affront on devolution, particularly Article 6 (2), which distinguishes the two levels of government and demands mutual respect for each level. The facts of the transfer bespeak of a condescending Executive that literally overran a very weak county government in Nairobi, cajoled, threatened and simply took over power and forced the Governor of Nairobi County to sign the deed of transfer. It is illegal and cannot be excused under any law. Secondly, it was initiated by the Executive. In fact, I propose to Sen. M. Kajwang‟ and team that the national Executive, where power is being transferred upwards, from county government to the national Government, the national Executive cannot and should not be the initiator of that process. It should be the county government or other agencies, including the public, but not the national Government. Mr. Temporary Speaker, Sir, for equality of arms, the same can apply; that when a function needs to be transferred from the national Government to the county government, also the county government should not initiate. That way, we will protect counties from ravaging and gluttonous national Government that wants to predate on counties and take over everything for itself. Thirdly, it is an illegal exercise because we are witnessing or it perpetuates the militarisation of civilian functional space. We have seen military people now selling meat and doing everything. I am told that they have taken over Kenya Medical Supplies Authority (KEMSA). They are going to sell drugs, treat people, sell veterinary services, including vaccinating dogs, and selling meat. Now they are running television, radio, and all manner of things. Mr. Temporary Speaker, Sir, that is how military dictatorship creeps into our country. You psychologically tune people to believe that the military is a better administrative agency than civilian agencies. It is wrong. I pronounce on the Floor of this House not only as the Senator of Tharaka-Nithi County, but also as a Senator of the Republic of Kenya. The encroachment by the military of the Republic of Kenya in civilian affairs is illegal and must be resisted democratically. In a democracy, military authority must remain subservient and subordinate to civilian authority. That is why I believe that the military has no basis paving roads and building dispensaries in Nairobi. It does not matter how effective that is. The function should have been taken by the national Government, but could still have been placed under civilian hands. Mr. Temporary Speaker, Sir, the transfer was also, for lack of legal provisions, procured by false pretenses, menaces and inducement because the Governor for Nairobi County told the country that he was intoxicated. That is what the Governor for Nairobi City County said. Those who gave him the psychotropic substances to take are the same"
}