Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 402346,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/402346/?format=api",
    "text_counter": 189,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "a decision in terms of listening to the appeals of the county governments on whether we should have phased out transfer of functions and over what period of time. The Constitution provides that it is the legislation that should be contemplated. If you read Article 615 of the Schedule, you will see that Parliament shall provide legislation on phased transfer of functions. This is not a choice on whether we will transfer functions in phases. This is whether the phase will take one month, two months, and eight months, one year or three years, as contemplated by the Constitution. In the first instance, therefore, one of the critical decisions that this House will have to make, after listening to the leaders of counties will be to come back, through the Committee that I Chair, and make a decision on whether we should allow the appeals that will come from the counties; whether we will abide by the Constitution; and, whether we will have a phased out transfer of functions. There has to be a certain period where certain functions have to be transferred for a period of time. The contemplated legislation in Schedule Six must also provide criteria to be made before functions are devolved. Schedule Six of the Constitution provides that the legislation that is contemplated should be made by Parliament and permit for asymmetrical devolution, whereby all counties should not have similar functions being devolved at the same time. Every county, depending on their capacity and ability to manage certain functions, is allowed to take certain functions at a particular time. The same Schedule 6(15) provides that there must be a framework under the legislation that will allow the Constitution Implementation Commission (CIC) to provide monitoring and evaluation of devolution in Kenya. This legislation, contemplated in Schedule Six, was enacted by Parliament in 2012 and it is the Transition to Devolved Government Act. This Act provides the criterion that must be met by counties. The Act creates the Transition Authority (TA) and gives it the power to determine whether certain functions should be devolved to certain counties. That decision is made. If one is unhappy, under Section 23(6) of the Act, the opportunity comes in for an appeal through the Senate. That is why we received appeals from the county governments that the County Government shall appeal to Senate against any decision that comes from the TA. Mr. Deputy Speaker, Sir, when the Senate received those appeals, they were transmitted to the Sessional Committee on Devolved Government. The Sessional Committee believes that this is a very integral process very dear to every Senator. Therefore, it is important that we give an opportunity to as many citizens of counties as possible to participate. That is why the Committee, sitting together with the Liaison Committee, determined that the hearings for transfer of functions must be done on a regional basis. We have groups that are going to be in Kisumu, Kakakamega, Eldoret, Nakuru, Nairobi, Garissa, Mombasa and Malindi. The idea is to ensure that we have participation across the country and that three to four counties are supposed to come together to make representation to the various committees. The Committee on Devolved Government has established, first of all, that the TA has provided functional alliances and competencies of the various counties. Based on this document which has been distributed to the various groups, the TA made a determination as to whether they were going to allow a particular function to go to the county or not. Therefore, this is a very important reference document because if the members of the county executive or the Governors are making representations to the committees, it is challenging this document which was used by the TA to make decisions as to whether or"
}