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"content": "Mr. Deputy Speaker, Sir, we should add those words there, so that when you are interpreting this particular Act, you have to interpret it in a manner which is consistent with the division of functions and powers relating to transport between the national Government and the county governments. Whereas as currently constituted, theirs is to advise and make recommendations to the Cabinet. With this amendment, we are now providing that the board will advise and make recommendations to the county governments on all matters relating to county transport under Paragraph 5 of Part 2 of the Fourth Schedule of the Constitution. So, we are now making sure that the county governments are taken into account on matters relating to transport. Mr. Deputy Speaker, Sir, just like in the other Bill, let us see how the board is constituted. Whereas the current board now does not have any representation from the county governments, we are now saying that there should be a new paragraph which will state that there will be three persons on the board appointed by the CoGs. We thought that the board may be too big, we then reduced, in another part, to two persons from the national Government. Also because transport is a very complicated area, we have just added a new Clause 53(a) for the avoidance of doubt to state that “No provision in this Act shall prevent the county governments from undertaking their functions as provided for under the Fourth Schedule to the Constitution.” This is just for the avoidance of doubt. Mr. Deputy Speaker, Sir, I can see my time is running out, but allow me to now quickly go to the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) Act. We were debating the Alcohol Control Act and some people said that, actually, we have just passed an amendment to the Alcohol Control Act. These amendments brought that Act into conformity with the provisions of the Constitution. Under the Alcohol Control Act, the role of the county governments is now recognized. The same thing now applies to NACADA. When the NACADA Act was passed, the role of the county governments was ignored completely because it may have been passed a bit earlier. So, we are now saying that all the functions of NACADA will be subject to the distribution of functions between the national Government and the county governments under the Fourth Schedule to the Constitution. We are also mentioning that NACADA will also advise the CoGs. We are also saying that their reports will also go to the CoGs and also to both Houses of Parliament, including now the Senate, because before this, we really did not have a role. Since it touches on county governments, their reports should also come to the Senate. Mr. Deputy Speaker, Sir, because of time, I am now rushing. But the spirit is really the same. We are also including on the board the Principal Secretary for the time being responsible for Devolution, who was not there at that time. Mr. Deputy Speaker, Sir, we are also saying that three persons nominated by the council of county governors all of whom shall be holders of, at least, a degree from a university recognized in Kenya and one person shall be a woman. All these shall be nominated by the CoGs. So, we have taken care of that. We should even have said the other gender, but we shall correct it at the Committee Stage. The spirit is there to take into account that. 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."
}