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    "id": 385442,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/385442/?format=api",
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    "content": "extent that it mentions liabilities in that section, it is my submission that is unconstitutional. It is one of the issues that we shall be looking at when we are amending the various pieces of legislation that were passed in a hurry by the Tenth Parliament. I say so, because, first, the purpose of the constitutional provisions as I understand them, was to transfer functions, duties and power from the national Government or local authorities to the devolved governments. It was not to transfer liabilities. Mr. Deputy Speaker, Sir, secondly, once those functions have been transferred, then it was incumbent upon the national Government to provide money to the counties. The functions of the counties are many, as you have noticed. In a number of places, the national Government only issues policies, but the implementation is at the county level where a lot of money is required. Consequently, the Constitution is replete with a number of sections which make it incumbent that the counties must be provided with money to discharge their constitutional mandate. Transfer of power, functions and provision for money, so that the counties can discharge those powers and functions. Mr. Deputy Speaker, Sir, my In-law here referred to Article 175 which says:- “County governments established under this Constitution shall reflect the following principles–– ( a ) county governments shall be based on democratic principles and the separation of powers; ( b ) county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and ( c ) no more than two-thirds of the members of representative bodies in each county government shall be of the same gender.” Mr. Deputy Speaker, Sir, further if you go to the Public Finance Chapter of the Constitution, the purpose of this public finance, again, in Article 203(d), is the need to ensure that county governments are able to perform the functions allocated to them. That is the whole purpose of finance. Paragraph “f” stipulates the need to ensure developmental and other needs of the counties. Mr. Deputy Speaker, Sir, if you go to the Transitional Clauses, Sixth Schedule, 15(2)(a) reads:- “(2) The legislation mentioned in subsection (1) shall— ( a ) provide for the way in which the national government shall— (i) facilitate the devolution of power; (ii) assist county governments in building their capacity to govern effectively and provide the services for which they are responsible; and (iii) support county governments;” Mr. Deputy Speaker, Sir, to the extent that liability was included, that was ultra"
}