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{
    "id": 392011,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/392011/?format=api",
    "text_counter": 24,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I also rise to support this Motion in its amended version. Mr. Speaker, Sir, first and foremost, it is important that the exercise that is envisaged be done in accordance with the law. I have listened to, especially the contribution of Sen. Boni Khalwale on this matter. One thing that has attracted me is his views on whether some of these employees should be retrenched. I would have argued that there is no way that we can ignore the fact that retrenchment or redundancy is part of labour practices, not just in Kenya, but also in other parts of the world. I do not think that we can fight redundancy whether in the public or private sector, simply because somebody will lose a spouse or not be happy because they have been sent home, so long as the law has been applied. However, having said so, the only reason I support Sen. Khalwale on this one, is because the law does not envisage retrenchment. In particular, Section 57 of the Urban Areas and Cities Act says that those employees who were serving in the defunct local authorities will either be seconded or absorbed. So, it is either absorption or secondment. It does not envisage entrenchment. For that reason, I will agree in a very rare circumstance with the Senator for Kakamega on the basis of the law. Mr. Speaker, Sir, secondly, there is need - and this Motion has actually brought it to the fore - for the continued existence and strengthening of the TA. I have said and want to repeat it on the Floor of the House that I will oppose any measure aimed at dissolving or otherwise terminating the life of the TA, because there was wisdom in the framers of the Constitution, to create the TA and provide for a three-year period within which it will oversee the transition into devolved government. Mr. Speaker, Sir, the issue of audit, therefore, is something that should be done by the TA. I agree that there are so many ghost workers. Therefore, we cannot ask our counties to absorb all the unaudited or even audited baggage of, perhaps, not so qualified staff, because this will bring down the efficiency of counties. In any case, the reason the counties should not bear the burden of absorbing all these employees is the fact that the Constitution envisages to create a new brand in county governments. Our counties must run away from the brand of local authorities. They are not a continuation of county councils, urban counties and other local authorities that used to exist. 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."
}