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"content": "is one of the reasons we had a Transitional Authority established. This was meant to see how those functions to be exercised by devolved governments that were previously exercised by the National Government are taken up in such a way that the delivery of Government services is not interfered with, so that the two aspects of the Government, both the devolved governments and the National Government work in tandem. Mr. Temporary Deputy Speaker, Sir, the spirit behind this Bill, as I understand it, is that the National Government should specify, right from the very beginning, those kinds of functions and services that will continue to be delivered by the National Government according to the Constitution nationally as well as locally. That is an extremely difficult proposal because one has to weigh very carefully to ensure that devolution, as it were, is not undermined in any way. I think the framers of this Bill have tried very hard to ensure that this is done. I will give you an example of the area of health services. Health is a very sensitive area, as my dear friend, Prof. Ongeri, would tell us, especially when it comes to the fact that anybody can fall sick anywhere and require referral facilities anywhere in the Republic. It is the duty of both the National Government and the devolved governments to deliver this service. Therefore, at no time should the delivery of services be demarcated in such a way that the flow of services is not guaranteed. Having said that, I would like to refer the House to Article 14(3) on page 5678 of the Bill, because this is extremely important. I want to read for ease of reference. It says that:- “Where a county government has not decentralized its unit pursuant to Section 48(1)(e) of the County Government Act, 2012, the National Government may, where necessary, establish its own service delivery co-ordination unit for purposes of co- ordination of National Government functions”. The provision presupposes that county governments already exist. So, my understanding is that this particular section of the Bill cannot actually be operationalized until county governments come into place. Therefore, I would like to believe that this particular section and, indeed, the spirit of the whole law, is to ensure that the law is put in place, but it will be operationalized when county governments come into place. If we try and put this law into operation now before the elections, then, indeed it could easily interfere with the harmonious relationship that should exist between devolved government and the National Government. So, if the House passes this Bill, which I hope it will, the date of operation of this Bill, namely, when it comes into effect, must be specified as a certain date after the elections are held this year when devolved governments have come into place. Devolved or county governments must be given the opportunity to dialogue on this law with the National Government when it comes into place. Otherwise, if we pass this Bill and then begin operationalizing it prior to the coming into being of devolved governments, we shall be treading on a minefield. I am quite sure that many Members who want to be governors and senators like myself will find it rather difficult that the National Government should put this into operation before the devolved governments come into place. Further, I think this is one of the laws that the Senate will have to review very carefully. This is because the Senate is the body in the Constitution that is responsible for"
}