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"speaker_name": "Ms. Karua",
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"legal_name": "Martha Wangari Karua",
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"content": "The Constitution gives in the Sixth Schedule three years within which the functions must be transferred to the County Governments. It does not give what gets transferred when. I have seen this Bill is proposing of a phased implementation. I would suggest myself that phase one be the period between now and the time we elect the County Governments. That should mark the end of phase one and we should be very emphatic. Phase two would begin after the new County Governments are sworn in. I am suggesting that we should only give 12 months, within which to transfer all functions. Remember that we are transferring the functions. We are also looking for the staff and the Budget. If it is something that the Central Government or the National Government has been doing, it is not a new outfit that is being looked for. We are transferring the budget and also seconding staff before the County Government employs its own staff. There is absolutely no reason, why any function should not be transferred within 12 months. We should give this Authority 12 months within which to make sure that all functions are transferred. If there is any special reason why any function should not be transferred, then they should come for authority from the National Assembly. If we do not do that then, we are going to make those resist change and who want to retain power to themselves to remain with the functions that should to the County Governments fore more than it is necessary. Remember that it looks likely that we are going to elections in December. The next Parliament will adjourn before August because that is when the elections are. So, the next Parliament will have four and half years, utmost. So, the next Parliament will have four and a half years at the most. If you allow this Transition Authority or anybody to delay the ceding of the functions to the county government, then the Governor may end up only having two years or one year; remember the buck will stop with the Governor. If water service was not transferred and the county has a messy water service, who is going to be blamed? It is not the Transitional Authority, but the Governor. There will be no devolution without the functions being devolved. This authority must be time bound. All the functions must be with the county governments within the first year; as I said, all the consultations must be with the Commission for the Implementation of the Constitution (CIC). This is a phased approach; Phase 1 will be taking an inventory of the assets, and maybe also doing auditing. Mr. Temporary Deputy Speaker, Sir, we need not spell it out here, but the authority may find that it will want to audit all the county councils that have existed, so that they can know their debts and liabilities. That will be a phase at which they can outsource and complete all the audits in the 47 units before the end of this year, that is before the elections, and we immediately go into Phase 2. We will be in Phase II when we go for elections. I have seen very many areas where we could keep on mentioning the CIC, but instead of inserting it in ten to 12 places, it is better to have a clause earlier on that clearly states that they will work in consultation with the CIC, so that we know that they are following the Constitution, and that we are looking to the one body that is not made of the political class – a body that represents Kenyans, and a body that has been pricking this Government and other organs when they delay in implementation. They are actually supposed to put everybody on their toes. They have done well so far. Let us not take away the mandate given by the Constitution. In any event, any law that is inconsistent with the Constitution is null and void. Let us, therefore, pass a law that is within the Constitution. Mr. Temporary Deputy Speaker, Sir, those are the two issues I wanted to add onto, but I want to say that this Bill is necessary and, yes, we need the authority."
}