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"content": "how the County Government of Nairobi can participate and supplement what the national Government police authorities are doing in this city, so that we can make Nairobi safer and more secure, and build confidence among the people who live and visit Nairobi; whether Kenyans or foreign nationals. This will give them confidence that Nairobi is a hub for business investment and as a gateway to the Republic of Kenya, it is a city where people can thrive, live and do business. Mr. Speaker, Sir, let me start with the constitutional arrangement at the moment. The function of national security is squarely within the national Government. If you will allow me, just for clarity, if you look at the Fourth Schedule, you will find three categories of functions and how they are allocated. The functions are allocated in three categories. The first category is what we call exclusive functions or jurisdiction, where some functions are exclusively vested in one level of government. An example of a function which is exclusive to one level of government is national security, which is vested exclusively in the national Government. Mr. Speaker, Sir, there are other types; namely, functions that are concurrent. For example, education is concurrent because Early Childhood Development (ECD) education is vested in the county governments and the rest of the education is vested in the national Government. Much of agriculture is devolved to counties, but the agricultural policy is vested in the national Government. There is also the health function and the like, which is concurrent. Mr. Speaker, Sir, finally, there is the residue functions. The Constitution says that residue functions are functions that are not provided for in the Fourth Schedule. Therefore, it is important for us, as we even continue interacting with the new Constitution, to understand that the functions in the Fourth Schedule are not supposed to be exhaustive. The Constitution says that if there are other functions that have not been captured in the Fourth Schedule, those functions will rest in the national Government. So, we are talking about national security which is an exclusive function to the national Government. Mr. Speaker, Sir, the second point in terms of laying the constitutional background of this Motion is Articles 186 and 187 of the Constitution. These two articles allow the transfer of functions or the sharing of the delivery of functions between the two levels of government. The fact that a function is exclusive, say, to the county governments, does not mean that the national Government cannot help the county governments to deliver those functions and vice-versa. Those who framed the Constitution anticipated a situation where in certain circumstances, a function that is exclusive to one level can still be undertaken by another level, either jointly with the level donating or even exclusively, but subject to an intergovernmental agreement first, which is provided for in Articles 186 and 187 of the Constitution. For instance, for purposes of being efficient, it is deemed that the level vested with that function cannot deliver that service to the citizens of Kenya efficiently. They can co-operate with another level through an intergovernmental arrangement, for purposes of efficiency and which level is able to give impetus to the appropriate delivery of that function. 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."
}