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"speaker_name": "Sen.(Dr.) Khalwale",
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"content": "Thank you, Mr. Deputy Speaker, Sir, for giving me this chance. I want to start by confirming my support for this particular Motion which is founded in the Constitution. The point that Sen. Orengo is trying to emphasise is the use of devolved resources. Article 175(b) speaks on this issue very emphatically. Allow me to quote, it says:- “County governments established under this Constitution shall reflect the following principles–– (b) county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively;” Why is this reflected in the Constitution? The drafters wanted a situation whereby it was clear that resources going to the county governments were meant to enable the counties govern and offer services. Payment of debts is not offering services. The Government has a policy on the management of debts. The debts we are talking about were not incurred by county governments. Therefore, it is an act of burying its head in the sand when the Government wants to hear nothing or see anything of the debts that they incurred. They want to ask the Governors to take over such debts. Distinguished hon. Senators, we have created a minefield for our political colleagues, the Governors. If events continue moving the way they are doing, all our colleagues will not be re-elected because on the time of nomination day they will find themselves in jail for these debts. If they will not be in jail, they will be dead because people who have not been paid might even choose to kill them. Alternatively, they will simply be voted out because they will become so unpopular. It scares me that beyond these debts, Governors are today taking up the responsibility of the bloated staff that hon. Musila has just spoken about. When a Governor will attempt to sack all the former employees of the county, municipal and city councils, that man will be dead. He will not even walk in town because a big chunk of these employees come from these counties. They will be saying:”We did not vote for you, Mr. Governor, so that you come and sack us. We voted for you to create employment.” We must protect our Governors. Mr. Deputy Speaker, Sir, allow me to refer to Article 186(3) of the Constitution. It says:- “A function or power not assigned by this Constitution or national legislation to a county is a function or power of the national government.” There is nowhere in this Constitution where we assign settlement of debts to county governments. Since Article 186(3) says that when this is not assigned, then it is a function of the National Government, automatically the Treasury should realize that this is their responsibility and they cannot pass it over to the county governments. 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."
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