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{
    "id": 267626,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/267626/?format=api",
    "text_counter": 15,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Clause 54 of the Bill provides that there shall be such further structures of decentralization including locations and sub locations as maybe provided for in county legislation. Until substantive appointments have been made by the County Public Service under this Act, the public officers serving in the system of the administration commonly known as the provincial administration shall upon the final announcement of all the results of the first election of Parliament as contemplated by Section 2 of the Sixth Schedule to the Constitution serve in the county governments as officers of the county governments as follows: (a) A District Commissioner as a subcounty administrator; (b) A District Officer as a ward administrator; and (c) A Chief or Sub-Chief as officers of the further decentralized unit.” This clause is similarly unconstitutional for the following reasons: 1. Clause 54(1) provides that the further structures of decentralization shall include locations and sublocations. This is inconsistent with Part II of the Fourth Schedule to the Constitution which leaves the creation of these structures to the respective county governments. 2. Contrary to Clause 54(2), the power to restructure the provincial administration is vested in the national Government by virtue of Section 17 of the Sixth Schedule to the Constitution which provides as follows: “Within five years after the effective date, the national Government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved Government established under the Constitution.” Accordingly, the restructuring of the provincial administration can only be properly effected by the national Government after a thorough consultative process to ensure its alignment with the Constitution and other relevant laws. Although the Constitution allows five years for the completion of this process, the necessary consultations are already underway and shall be expedited. By proposing to transfer a section of the provincial administration which falls under the national Government to the county governments, Clause 54(2) infringes on--- Hon. Members, I will pause for hon. Members at the door to come in."
}