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{
    "id": 380943,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/380943/?format=api",
    "text_counter": 259,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "(iii) support county governments; (b) establish criteria that must be met before particular functions are devolved to county governments to ensure that those governments are not given functions which they cannot perform; (c) permit the asymmetrical devolution of powers to ensure that functions are devolved promptly to counties that have the capacity to perform them but that no county is given functions it cannot perform;” Now, in furtherance to this provision of the Constitution, Parliament sitting as both the National Assembly and the Senate last year passed the Transition to County Government Act, where it requires that the Transition Authority (TA) will perform the function of analyzing these functions, costing them, transferring these functions in a phased manner based on assessment of capacity of functions. If you read Section 6(2) of the Bill, you will find that it says:- “The allocations set out in the Schedule comprise the allocations for the performance of all devolved functions which shall be implemented by the national or county governments, as the case may be.” Now, I wonder how, then, what functions, because this Bill is not clear as to which functions are being devolved to counties for them to run, so that it can match with whether those resources are going to be given in the Schedule column “a” or is it column “b” or “c” or “d”. Because that should have been very clear whether there are functions that are devolved in nature in terms of the Fourth Schedule, but not yet given to the counties, but there are monies being set aside under this Bill, so that that money can still be managed by the national Government, but ensuring that, that function is performed at the local level. That is not clear from the Bill in the four columns that are provided here. There is no clarity as to whether these functions have been costed; whether we are going to go for phased transfer of functions or one transfer of functions. In fact, the confusion is worsened by the policy adopted by the Ministry of Finance or the Treasury, that all the functions of counties should be given out at once, because that would be unconstitutional under Paragraph 15 of the Constitution because what is important to us is the capacity and resources going to counties. The disconnect between the allocation of resources and the costing of functions may lead to a situation of confusion. I want to give some examples. For example, do we continue having Kenya Rural Roads Authority (KERRA) – and the Senator for Marsabit will tell you, because he is an expert in that area of the roads. The Constitution only divides roads into two; national trunk roads and county roads. Should we, therefore, continue having Kenya Urban Roads Authority (KURA)? Should we have a budget or resources for KURA? Should we continue giving money to KERRA? If those functions have been devolved, did we analyze and cost how much money is needed to build roads in Nairobi as urban roads and, therefore, we give the money to the Government of Nairobi? That disconnection will The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}