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{
    "id": 383627,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/383627/?format=api",
    "text_counter": 22,
    "type": "speech",
    "speaker_name": "June 20, 2013 SENATE DEBATES 3 Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Madam Temporary Speaker. I rise to request the Chairman of the Committee on Devolution to bring here a Government Statement relating to the issue of the Transfer of National Government Functions to County Governments. Madam Temporary Speaker, yesterday, the 19th of June, 2013, at a Summit meeting with governors, the President is reported to have directed that all Government functions that are supposed to be discharged by the county governments be transferred enmasse to the county governments with effect from 1st of July, 2013. Madam Temporary Speaker, this brings to light a serious constitutional matter found in Section 15 of the Sixth Schedule of the Constitution. With your permission, it reads as follows:- “Parliament shall, by legislation, make provision for the phased transfer, over a period of not more than three years from the date of the first election of county assemblies, from the national government to county governments of the functions assigned to them under Article 185.” Madam Temporary Speaker, Article 185(2) emphasizes the following:- “A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.” Madam Temporary Speaker, the country is aware that not many county governments, if not none at all, have had any deliberations on the legislative agenda of their respective counties. The President is going ahead and is directing that all these functions go to the county governments with immediate effect en masse . Could the Chairman clarify what informed the President’s decision to direct like this and whether the Executive is deliberately bypassing the Senate in its exercise, in spite of the provisions of Section 15 of the Sixth Schedule of the Constitution? We would like the Government also, through that Statement, to give Kenyans an assurance whether this transfer of national Government services to county governments will be done strictly in adherence to the provisions of this Constitution – which, obviously, they are contradicting – to the provisions of the Transition to Devolved Government Act, 2012, and the provisions of the Public Finance Management Act? Thank you, Madam Temporary Speaker."
}