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"id": 274150,
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"type": "speech",
"speaker_name": "Dr. Nuh",
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"speaker": {
"id": 114,
"legal_name": "Nuh Nassir Abdi",
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"content": "Mr. Chairman, Sir, because we have already said that the President’s memorandum is erroneous for denying the fact that there is a county equivalent of the National Security Council, yet he assented to this; the fact that the President’s memorandum negates the fact that this National Assembly is part of the national Government, which by law is entitled to restructure the Provincial Administration; the fact that the President’s memorandum negates the direction that we restructure the Provincial Administration within five years, which have not lapsed. I want to go to Clause 1 on page four of the President’s memorandum; he says that Clause 54(1) “provides that the further structures of decentralisation shall include locations and sub- locations”. Mr. Chairman, Sir, that is what was passed in the Bill that the President has rejected. The President’s Memorandum says that 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. I have gone through Part II of the Fourth Schedule of the Constitution. There is no aspect that has been cited that grants the county governments powers to form any further decentralised units. The only provision that the President should have cited is a provision we passed in the same Bill he has rejected. After we said that the sub-locations and the locations will be further decentralised units, we, again, gave powers to the county assemblies and county administration to establish further decentralised units. The President, in his memorandum, which I suppose is on the advice of the Attorney-General and hon. Mutula Kilonzo, cites a provision in the Constitution that is not even there. So, should we just go ahead and debate a vague memorandum that cites several aspects in the Constitution in an Act of Parliament that is not established? I call for your guidance that we go back to plenary and report progress."
}