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{
    "id": 262097,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/262097/?format=api",
    "text_counter": 486,
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    "content": "Madam Temporary Deputy Speaker, Clause 118 brings out issues of tariffs and pricing of public services. This is very important because a county government delivering service in the county shall adopt and implement tariffs and pricing policy for the provision of public services. This is okay but then now we also must spell out how do you arrive at those tariffs? What consultations have taken place? This is done so that it is not just an exploitative process. As you arrive at those tariffs again there must be a process by the county government to arrive at it. That is important. I will move on to Part XIII – Procedure for Suspension of County Government. Article 120 is very important because we are setting up county governments. We do not want at whims of anybody or anybody in the National Government to wake up and say that Vihiga County Government has been suspended without an elaborate process. I would like Members to look at those provisions in Part XIII very carefully. What are the grounds for the suspension that may be done either by the President or arising from conflict or war? That is provided for in Article 192 of the Constitution. There is suspension of county government in exceptional circumstances and again it brings out how that can be envisaged and it can be brought out so that there is no unilateral process of anybody trying to muzzle or just suspend a county government. Clause 121 (4) brings out that the Senate in the final body. If they feel that this process is not right, the Senate can reverse those suspensions. Madam Temporary Deputy Speaker, these are extremely important and I would like hon. Members to give that area special attention. It runs all the way to page 103. Those are very important provisions because we did not want a situation that we have seen in the past where the Minister for Local Government, depending on which side of the bed he woke up from would say: “I have dissolved a particular council”. People are then left helter-skelter wondering what went wrong. That kind of power cannot be exercised unilaterally. Please, Members, look at it, strengthen it, cross check it with the Constitutional provisions and I am sure we shall be okay with this. Some of the issues that are mentioned here will also be dove-tailing into the Inter- Governmental Relations Act and the Transition to Devolved Authority Act. As you read this, please also read the others because some of the questions you may raise perhaps have been captured in those other Bills. Madam Temporary Deputy Speaker, as I come to Part XIV which is the miscellaneous provisions and these are largely financial provisions in the Bill and perhaps the most important thing is that Members will note that under Article 132 on page 104 the Local Government Act will be repealed upon the final announcement of all the results of the first elections held under this Constitution. Then all issues that may arise as a consequence of the repeal under sub-section (1) shall be dealt with and discharged by the body responsible for matters relating to transition. I am bringing this out because we at one time wanted to amend Cap.265. This has been overtaken by events after the new Constitution. The provisions of that Bill is that as soon as we are through with the elections it is automatically repealed and these new provisions take effect. On Part XV on page 105, we do not want chaos immediately after the elections so we are providing for the first sitting of the County Assembly. In the first sitting, the Independent Electoral and Boundaries Commission (IEBC) shall pay a very major role in determining the place and time that this first sitting shall take place. After that the Chief"
}