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{
    "id": 267630,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/267630/?format=api",
    "text_counter": 19,
    "type": "other",
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    "speaker_title": "",
    "speaker": null,
    "content": "(b) Article 187 of the Constitution which requires that the transfer of functions from one level of Government to another be through mutual agreement. (c) Article 235 of the Constitution which empowers the county governments to employ their own staff. Further, Clause 54(2)(c) effectively suspends Chiefs and Sub-Chiefs from office after the next general elections pending the enactment by each county government of legislation to establish further structures of decentralization including locations and sub locations which is clearly not contemplated by the Constitution. Recommendation: For the foregoing reasons, I, the President, recommend that Clause 54 of the Bill be deleted and replaced with the following new Clause 54: “ There shall be such further structures of decentralization as may be provided for in county legislation.” Hon. Members, Section 46(5) of the former Constitution aforesaid provides as follows: “The National Assembly shall reconsider a Bill referred to it by the President taking into account the comments of the President and shall either: (a) approve the recommendations proposed by the President with or without amendments and resubmit the Bill to the President for assent, or (b) refuse to accept the recommendations and approve the Bill in its original form, by a resolution in that behalf supported by votes of not less than 65 per cent of all the Members of the National Assembly excluding ex officio members in which case the President shall assent to the Bill within 14 days of the passing of the resolution. Thus, in accordance with Section 54, Sub-section I of the former Constitution as saved by Section 3, Sub-section 2 of the Sixth Schedule of the new Constitution, a majority of the votes of Members present and voting would suffice."
}