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{
    "id": 384536,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/384536/?format=api",
    "text_counter": 201,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "In fact, I was looking at the Schedule of the Constitution, page 187, you will find that on cultural activities, public entertainment and public amenities, there is a whole lot of responsibilities which now fall under the county governments. These include betting, casinos, and forms of gambling, cinemas, video shows and museums. All those fall under the system of devolved governments meaning that the county assemblies will make legislation. If they make legislation at the county level which is not in sync with the national legislation then there will be a conflict. I know that the Constitution has a basis of how to address conflicts between national legislation and legislation of the county assemblies. However, that conflict will lead to a lot of anarchy in issues relating to county governments and the operations of the county governments and the operations of the governors. If you look at the Chiefs’ Act under the current dispensation, we have the National Coordination Act which recognizes some of these offices. I know that there is an attempt, at the very last minute, to try and have a mechanism for the national government to have government agencies at the county level. However, if you look at that law carefully, you will see that it does not address the question that the Constitution wants us to address; of restricting the system of government known as the Provincial Administration to accord with the current system of devolved government. Madam Temporary Speaker, the worst area we will find a lot of legislation that concerns county governments is in the field of agriculture and animal husbandry. There are about 67 pieces of legislation affecting the agricultural sector and the livestock sector. If you look at those statutes, you will find that there are certain offices that will deal with these matters under the current law. If they are not amended, it will not be possible for the county governments to carry out their roles as required under the Constitution. You may find that if the national government is generous, it may have the money but under the law, there is no mechanism at the local level to ensure that the roles of the national government are carried out in a manner that accords with the spirit and content of the Constitution. I was in charge of the lands sector until a few months ago. Under the law, at least, the Land Act and the Land Commission Act provided for a mechanism that accords the governors, under the system of devolved governments, responsibilities to appoint Division of Land Boards. There are other numerous issues that relate to land. Under the current Constitution, the definition of land includes the water mass which includes rivers and lakes; all that is land. So, if there is a river, lake or even a forest that is categorized as belonging to the counties, that is also land. If that legislation is not looked into properly and brought in sync with the system of devolved governments, you may as well find that the law is there, the governors are there but because there are many legislations in existence, the operations of the county governments will be affected. One of the tasks that were undertaken when Kenya became independent was the exercise to try and review the ordinances that existed at that time, to make sure that they conformed to the new Constitution. This was undertaken at that time by the Office of Attorney General. But it had to be done in an expeditious manner to ensure that the new system of government was operational. 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."
}