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"content": "Madam Temporary Speaker, all that I am trying to say is that we need to inquire and review this cocktail of legislations to bring them in sync, so that the authority of the system of devolved government is not compromised, especially on very simple things like, for example, in the area of Provincial Administration. I went to a national day in Siaya during the last Madaraka Day and, again, the supremacy battles were there at the occasion between the County Commissioner and the Governor. Of course, the County Commissioner was in control of all the departments of Government, as they are at the moment. When the County Commissioner was introducing his team, the Agricultural Officer and Livestock Officer were part of his team. In contradistinction to the commissioner, the Governor basically had the assemblers and three or four officers who operate around him. But at that Madaraka Day celebration was just the entire machinery or face of national Government, not because it was a desire that it be so, but because the laws that are in existence and the way they operate, these officers have still to answer to the County Commissioner. I was very happy, at least, with my Governor, because when he was reading his speech and got thirsty, he insisted that the County Commissioner must open the bottle of water for him, which the County Commissioner, without realizing what he was doing, opened. As the Governor was drinking the water, he told the crowd:- “You see, I wanted to tell you that between me and him, I am the principal party.” They actually made the County Commissioner stand there as he was making the speech, because the crowd, of course, was very much with the Governor. Madam Temporary Speaker, there are some people who may be raising a lot of concerns that there is something else behind this Motion and that probably we want to drastically deal with the issue of the Provincial Administration and do away with it. But I have read the Constitution very well and know what its command and directive is; “that it should be restructured in order to conform.” That is not just for the Provincial Administration. The Constitution requires that in making any law or policy at any level; either the national or county level, you must put into perspective the system of devolved government. I am sure that those who were with me in the Cabinet Committee of the last Government, dealing with legislation, know that one of the checkpoints – because there was a checklist of what has to be contained in every legislation – was to ensure that, that system accorded with the system of devolved government. One of the good examples was the Police Act. This is because you will find in that legislation the chair of the County Police Authority is the Governor, to make sure that there is a linkage between the operations of the police and the county government. Madam Temporary Speaker, there are so many other examples that one would want to give, including even the Water Act. You will find that the Water Act, in many respects, still exists on the basis that this is the function of the national Government, yet, under the Constitution, it is not. Madam Temporary Speaker, I also want to assure Senators that this is not to derogate or compromise the good work which is being done by the Committee on Legal Affairs and Human Rights. But there has been such Sessional Committees established by previous Parliaments to look into specific questions, because the Departmental Committee on Legal Affairs and Human Rights has several functions which include 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."
}