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"id": 262182,
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"speaker_name": "Mr. Imanyara",
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"legal_name": "Gitobu Imanyara",
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to also make my contribution to this very important Bill that has been enacted pursuant to the provisions of Chapter 11 of the Constitution. The starting point, as the preamble to the Bill points out, is indeed, the Constitution. The underlying factor in the entire Bill is structured in a way to ensure that it complies with the provisions of the Constitution. Mr. Deputy Speaker, Sir, apart from Chapter 11, we also have Chapter 2 of the Constitution. It is important for us to recognize the purpose for which the counties are set up. So, in looking at these Bills, we must not just look at Chapter 11 of the Constitution, but the Republic itself as set out in Chapter 2, particularly Article 6(2) of the Constitution which provides that the governments of the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and co-operation. So, it is important that the County Governments or the County Assemblies that are set up may be distinct, but the principle underlying their formation is that they have to operate on the basis of consultation and co-operation. Therefore, it is co- operation between the various arms of the Government and also the Senate. If we look at Article 96 of the Constitution, the purpose of the Senate - I will quickly refer to it - the role of the Senate is that the Senate represents the counties and serves to protect the interests of the counties and their governments. Therefore, all legislation that we enact such as this one ought to have in the contents systems and structures that ensure that consultation exists between the various levels. Mr. Deputy Speaker, Sir, looking at the entire system of implementation of the Constitution now led by the Judiciary and the Executive, the legislative devolution that is taking the legislative power to the counties and establishing the links between the Senate and the National Assembly are not clear or are lacking. This Bill could be strengthened further in that regard by looking at the provisions of the Bill in relation to the setting up of the Standing Orders. If you look at the purpose of the Senate and the requirements of Article 2 of the Constitution, then there is need for the county Standing Orders to be consistent so that if, for example, one county government has power to make Standing Orders, they do not make Standing Orders that are contrary to the spirit of the Constitution or that are not consistent to the national good. So, my suggestion is that the power to create or to set up Standing Orders as is set out in Clause 13 of the Bill be relooked. If you look at Clause 13 of the Bill, you will see that the country assembly may make Standing Orders consistent with the Constitution. We need to remove any ambiguities by ensuring that those Standing Orders are subject or are consistent throughout the 47 Counties. The only way to do that is to ensure that there is a role of the Senate in this, so that, for example, if the County Assembly provides its own Standing Orders bearing in mind the local circumstances, there is provision to refer those Standing Orders to the Speaker of the Senate for general approval to ensure that the Standing Orders of the entire 47 Counties are consistent and are also similar, so that we do not create small nations within nations in the governance structures. That is an issue that came up at a seminar that was organized by the National Assembly at Naivasha which I had the privilege of attending on the Chair’s behalf. That issue was addressed at substance, but I do not see it reflected in this Bill. Unless we do so, we will ran the real risk of having small republics within the enclaves of the country that determine or make laws not consistent with the national good or that make it difficult for the inter- relationship that is recognized in Chapter 2 of the Constitution. That is an issue that the Minister ought to look at and if he does not, I personally would present an amendment that ensures that this clause is consistent with both Article 96 and 6(2) of the Constitution that recognize distinct and inter-dependency nature of the counties, but the need for co- operation and consultation, so that what is Kenya remains Kenya and we do not have motives of assemblies that may think they are States within a State. The other issues that are raised are generally consistent with the overall principles of the Constitution and I do not see any major areas of conflict except to make it clear that all functions, the exercise of all authority under the County Governments Bill must be always consistent to the Constitution. That must be made clear and attempts by any quarter to limit under the guise of giving the President power to perpetuate the Provincial Administration through directives to the County Assemblies must be resisted. Therefore, it must be recognized as a principle that the entire Act is subject to the Constitution. With those remarks, I support this Bill."
}