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{
    "id": 262200,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/262200/?format=api",
    "text_counter": 69,
    "type": "speech",
    "speaker_name": "Eng. M.M. Mahamud",
    "speaker_title": "The Assistant Minister for Energy",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": " Thank you, Mr. Deputy Speaker, Sir. I would like to support this Motion. I want to thank the Minister for bringing out a very well thought out Motion. This Bill touches on of the most important aspects of our Constitution. Apart from the Bill of Rights which is very important, this is a very important aspect of our Constitution. This is because devolved governance is one of the key pillars of our Constitution. I would like to thank the Minister for initiating action on this Bill much earlier. The task force was put in place many months ago. In fact, this Bill is as a result of a lot of public participation. A lot of thought has gone into the Bill and, therefore, what we have today is a refined document which has gone through many hands. I thank him for that initiative. Mr. Deputy Speaker, Sir, devolved governance is going to be one of our key successes in this Constitution and its implementation will actually bring great changes in this country. We must get it right because this is the beginning whereby we are going to have the system of government in this country change. Our Constitution states that the people of this country who are sovereign will exercise that sovereignty at two levels: The County Governments and the national government. These are two separate entities. This Bill tries to operationalize that. We will, therefore, support the Bill and make sure that it is enacted as soon as possible. The Bill clearly sets out the functions and powers of the County Governments. These functions and powers are consistent with the provisions of the Constitution. They ensure that nothing in the Constitution is left out. The Bill foresees that the County Governments will have their own symbols, flag, and court-of-arms. This is an indication that the government at the county level is a fully fledged government in dependent of the national Government. Any attempt to have the national government exercising authority over the county government must not be allowed. I am happy that the Bill has set out those instructions very clearly. A County Assembly is actually a Parliament of that assembly. The functions and the role of the assembly are well spelt out. For the first time in the history of this country, we are going to have people exercising executive power at the local level. So, the legislative power of the county government must be allowed to function. In the Bill, part of the legislation has been left for them to do as envisaged in the Constitution. We should not attempt to legislate for the County Assembly fully. I am happy that the Bill emphasizes that role as envisaged in the Constitution. The executive function of the County Assembly is very important because without that function nothing can work. I am happy that that has been spelt out. With regard to County Executive, I think the qualifications of the county secretary must be clearly spelt out. Whereas we have the qualifications of the members of the assembly mentioned in the Elections Act – I agree with post secondary qualification because we should not dilute that any further. We need to have people who are qualified for that post. Any attempt to dilute the powers given to the County Executive as led by the Governor should not be accepted. The Bill is good on that. The role of the Governor is clearly spelt out. As I said, the separation between the central Government and the county government must be clearly spelt out in this Bill. Of course, there will be a relationship between the two arms of Government. Mr. Deputy Speaker, Sir, the county public surveys have been clearly spelt out. Without public surveys, the legislative and the executive arms will not function well. So, it is important that we enact in this legislation public surveys that will oversee functioning of the public service within the counties. I can see that we even have ward administrators who will be appointed by the public service. So, we need to appoint people with integrity. They must be people who have the qualifications and able to impartially manage discipline and enforce the code of conduct. Mr. Deputy Speaker, Sir, the nation will be made up of County Governments and this is provided for in the Constitution. After dissolution, there will be a commission for the transition. The commission shall comprise of a chairperson who shall be an advocate of the High Court. I think we are very much in love with the advocates of the High Court. I do not think it is necessary to have an advocate of the High Court. If we must spell qualifications as required for somebody to run that commission, I do not think it is necessary to limit the advocate of the High Court. It is only in this country that qualifications are put for somebody who has a legal background. I have no quarrel with my legal colleagues but I think it is not necessary to put that qualification there."
}