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{
    "id": 383519,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/383519/?format=api",
    "text_counter": 170,
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    "content": "resources for the performance of that function must also be transferred to the level that will take responsibility. However, there is a caution. As we debate this Motion, we must be aware that when such a transfer is done together with the transfer of functions, the Constitutional responsibility of ensuring that function is performed remains with the level of government which has transferred the function. For example, in the case in point, even if this House passes this Motion where the national government is urged to transfer the issue of equipment and the provision of infrastructure in primary and secondary schools from to the county governments, the buck stops with the national government to ensure that the functions are performed. In other words, you will transfer the functions, the resources but the constitutional responsibility to ensure that the responsibilities are undertaken remains at the level of government which is transferring. Why is this caution provided? This caution is provided to ensure that neither level of government; either the national government or the county government abdicates its responsibility by simply transferring those responsibilities and the resources to another level of government. So, at the end of the day, that responsibility will remain the constitutional responsibility of the transferring level, notwithstanding the agreement to transfer or the transfer of resources to the recipient level of government. Therefore, to me, this provides an exciting test for inter-governmental relationships between the two levels of government because there are two extremes which are emerging. One extreme is where you have two levels of government appearing to operate as if they are in competition with one another and yet Article 6(2) of the Constitution says that the two levels of Government are interdependent and must operate on the basis of cooperation as opposed to competition. If this Motion, therefore, is passed, we will have put to test a very important relationship issue between the two levels of government. The choice of the subject matter of transfer, in my view, is also a great choice because it relates to education which is one of the most decentralized services in this country even under the centralized version of the constitutional dispensation that we had. Education was decentralized. Every village has a primary school and maybe a secondary school. Many decisions related to building and equipping schools are undertaken at very local levels. So, this is a good area where the national government can say that the power belongs to us but because we are one government despite the fact that we have two levels; the county level and the national government, we can transfer this service and the resources. This would help in the big strides that Kenya has made in education. They are likely to be felt if the national government can release those functions to the county government and localize decision making and the issue of procurement for the building of schools. I see no harm in the local community making quick decisions on where to build a new classroom and where to provide one service or the other as opposed to the centralization of the same. Mr. Deputy Speaker, Sir, as you are aware, this is a Motion by Sen. Kipchumba Murkomen. I am moving it with his consent. Mine is to urge this House to be as useful to the Mover and to the country as possible because it will set the ball rolling as to how the inter-governmental relations in this country will be governed. 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."
}