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{
    "id": 274012,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/274012/?format=api",
    "text_counter": 474,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Mr. Chairman, Sir, I thank you for drawing my attention to this specific matter. When hon. Gitobu Imanyara says that Article 174 is clear authority for his proposition, I beg to differ. It cannot be. That Article, which is at page 113 of our Constitution, sets out many objects of the devolution of government, amongst which are to promote democratic and foster national unity. At object (h), the Article says: “to facilitate the decentralisation of the State organs---“ Mr. Chairman, Sir, it is a principle. It does not tell us how that will be done and when it will be done. I want to tell you of a stronger authority than that one. That stronger authority is to be found in the transitional provisions themselves, which state it in the clearest possible language. I want to remind you of an equally important constitutional principle – the consultative process with the people. We will not devolve the Provincial Administration without a serious consultative process with the people of Kenya. It will not be done. So, my authority as to why, in my own judgment, the President is entitled to hold the view that he holds – that the restructuring of the Provincial Administration shall take place within five years and after extensive consultations with the people of Kenya, and hon. Imanyara has said that this amendment was made in this House after being moved by the Deputy Prime Minister and Minister for Local Government. That is all true. The question is that it is an amendment that fundamentally went to restructure a part of Government. Was it done with adequate consultation? That is a question I cannot answer myself. It is for hon. Members to answer. If at the time that was available that was so, my only submission is that it was not so. Therefore, I want to conclude by saying that whether or not this House will agree with the President that the changes he has proposed ought to be made or ought not to be made is at the discretion of this House. Indeed, this House has the power, the authority and the responsibility, if it believes so, to overrule and override the Presidential veto, but"
}