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{
    "id": 1414121,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1414121/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "Marakwet West, Independent",
    "speaker_title": "Hon. Timothy Kipchumba",
    "speaker": null,
    "content": "We have a challenge in this country in terms of conflict of legislations that are channelled by county assemblies and Parliament. The reason is that certain functions that are devolved are shared by the two levels of government. We must ensure, as a country, that if a function is shared between the national Government and the county governments there is uniform law that clearly states that a function is shared. That way, we will not have conflict of legislations that will bring about issues. I had a chance to work in the County Assembly of Elgeyo Marakwet. I was one of the drafters of the Elgeyo Marakwet County Assembly legislation on disaster management. As we were drafting that legislation, I realised that there was a problem. I was the legal counsel for the County Assembly of Elgeyo Marakwet at that time. I realised that the neighbouring County of Uasin Gishu had a similar legislation on disaster management. If, for example, at that time one county did not have enough facilities, the neighbouring county had to assist that county in terms of facilities. If we do not have uniform legislation, an authority that governs both the county governments and the national Government, and a council that is intergovernmental, then one county may suffer at the expense of another county. I support this legislation and pray that this authority that has been proposed will serve its intended purpose as provided for in the Constitution. I have read the functions of the Intergovernmental Council as it has been provided for in Clause 6 of the Bill. One of its functions is to advise and make recommendations to the Cabinet and the Summit. Whenever there is an emergency or a disaster, the Cabinet must be notified by this council so that county governments do not make decisions without involving the national Government. That will be a plus for me. The council shall provide policy direction and approve plans on all activities related to disaster risk management. As I said, disaster does not belong to certain counties. When disaster strikes, it affects all Kenyans. Therefore, there must be a specific policy direction that is approved by the Intergovernmental Council. The Intergovernmental Council receives, considers, and makes decisions based on the reports and recommendations of the Authority. This House has to make a policy recommendation that there must be a council that approves the recommendations of the Authority. I have read the Bill. The Intergovernmental Council must serve both levels of government and be entitled to make … The Intergovernmental Council reports to the Cabinet and the Summit on the coordination of disaster risk management among the spheres of Government. In terms of policy directives, all policies that affect Government must be approved at the Cabinet level. Therefore, the council will ensure that the policies relating to disaster management are approved by the cabinet. I commend the direction we have taken as a House that when a matter is shared between the national Government and the county governments, as a House, we must sit down and scrutinise the Fourth Schedule of the Constitution so that we do not have conflict of legislations emanating from our county assemblies. We must have a uniform set of laws that govern the 47 counties in this country to avoid conflict of legislation and representation in various cadres. I support this, Bill. At the Committee of the whole House, I will propose the necessary amendments so that we can strengthen the provisions of this proposed legislation."
}