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    "id": 274022,
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    "content": "“Objects and principles of devolved government”. If you go further, you will find another part of this Constitution and you will find that at page 119, Part III. Whenever a person is seeking to interpret the Constitution, it is very important that you realize that the Constitution is like a fabric. It is like a table mat; you cannot pick one stitch and leave out the others. Therefore, Part III is a very important part of this Chapter of the Constitution. You see it says: “Functions and powers of county governments”. Further, another title says: “Respective functions”. I want to emphasize for the country and this hon. House the word, “Respective”. It says, “Respective functions and powers of national and county governments” Then it says expressly that; “Except as otherwise provided by this Constitution, the functions and powers of the national government and the county government respectively are as set out in the Fourth Schedule”. Mr. Chairman, Sir, you will have noticed that the Fourth Schedule is also a very elaborate document. It shows the respective functions. You will find it on page 185. This is one of the reasons that my Ministry tomorrow is launching public civic education. If you look at page 185, you will not find reference to Article 174. In fact, the Fourth Schedule is specifically referring to Article 185(2), Article 186(1) and Article 187(2). Therefore, it is my submission before you, Mr. Chairman, Sir, with utmost respect to Mr. Imanyara and others who might think otherwise, that Article 174 is not definitive on the functions of the respective governments. Therefore, when you are addressing this matter particularly seeking the admissibility of a Presidential Memorandum, it is essential that one reads very carefully Articles 185 (2), 186 (1) and 187 (2). If you suggest that the President is in any way violating the Constitution, particularly on this very omnibus word called “decentralization”, you have to be careful because then you are misleading the House and the country. Decentralization is now expressly provided for in Articles 185 (2), 186 (1) and 187 (2) and the Fourth Schedule. Mr. Chairman, Sir, my recommendation is that you look again at Section 46 that the Attorney-General read to the House. You notice that Mr. Imanyara, a very distinguished lawyer as senior as you can get, has ignored to mention the heading of the Presidential Memorandum that the Deputy Prime Minister and Minister for Local Government was going to read. It is at page 3355 and begins like this:- “Amendments recommended by H. E. the President pursuant to Section 46 (4) of the former Constitution of Kenya which is saved by Section 3(2) of the Sixth Schedule to the Constitution”. Unless you can show the unconstitutionality in that heading, we are engaging in academic debate. The President has expressly told the Speaker the specific sections of the Constitution he is relying on. Mr. Chairman, Sir, if I may give you this photocopy of Section 46 (4) of the old Constitution - I notice you do not have the Constitution - it talks about the President expressing his opinion, not the opinion of Mr. Imanyara or of Mutula Kilonzo or the Attorney-General. It is the opinion of the President! Let me go further and say that he then makes a recommendation; not the recommendation of Mr. Imanyara or Mutula or the professor of law, Prof. Githu Muigai. This is the recommendation of the President. To even debate the admissibility of the President’s memorandum is in itself unconstitutional."
}