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"id": 338596,
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"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
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"content": " Mr. Temporary Deputy Speaker, Sir, I want to start by thanking hon. M. Kilonzo because he has very eloquently presented what I wanted to say. I would like only to make two points. Sometimes there appears to be a misconception that the Constitution we have enacted has created a federal state. Nothing could be further from the truth. What we have done is to devolve power to counties. The national Government maintains responsibility for all the functions very clearly set out in the Fourth Schedule. Hon. M. Kilonzo has made the point very clear. The agriculture and veterinary policy cannot be in the hands of any other government for very good common sensical reasons. It is agricultural policy for the whole Republic, not for Turkana, Kiambu or Kwale. That policy must be made by this House. Next point, if you look at Part II on the powers of county governments, again, this has been made very clear, but let me emphasize one little point. If you look at the wording “crop, animal husbandry, livestock sales yard”, these words are very important. The words “livestock sale yards” and “abattoirs” is what is giving you the true intention of the draftsmen and the true intention of the founding fathers. They were allowing county governments to take full charge of matters peculiarly within their domestic interest. For example, only Isiolo County would understand the full scope of the sort of abattoir that they would require. For livestock sale yards, only the people of Marigat would make a decision about that. Before I sit down, it is quite clear that we have, under this Constitution, concurrent jurisdiction. It is not “if or”. It is not the national Government or the county. In many situations, the Constitution has given responsibility to both. This is one such situation, but the responsibility of policy is exclusively to the national Government. The responsibility of implementation - and I must say to hon. Odhiambo-Mabona with whom we have debated this before – this rule is to be read ejusdem generis . It is the abattoir and"
}