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{
    "id": 445640,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/445640/?format=api",
    "text_counter": 222,
    "type": "speech",
    "speaker_name": "Hon. Baiya",
    "speaker_title": "",
    "speaker": {
        "id": 8,
        "legal_name": "Peter Njoroge Baiya",
        "slug": "peter-baiya"
    },
    "content": "Hon. Speaker, looking at Schedule Six of our Constitution, Article 15, it requires Parliament to ensure that there would be regulations for transfer of devolved functions. This was to take place within a period of not more than three years. The regulation under Article 15, Parliament was also required to enact a legislation binding the National Government to facilitate the process of devolution. The Government was also to assist county governments to build capacity of services that were to be devolved. It was a requirement that the Central Government was going to support county governments in their discharge of devolved functions. Therefore, there is a binding responsibility for the Executive to support devolution and ensure that it does not fail. If there is failure of devolution at the hands of the county governments, the National Government cannot escape its responsibility. Hon. Speaker, the National Government was further required to enact legislation establishing criteria that would have to be met by the county governments before they are given the functions that they were going to perform. We were also required to ensure and make provisions for asymmetrical devolution of functions. What this meant is that some county governments have capacity but others do not have. Therefore, we were to allow those who have capacity to immediately assume those responsibilities and take action to enhance the capacity of those that do not have that capacity to acquire it; but not to simply devolve those services. We were further required to ensure that the Constitutional Implementation Oversight Commission (CIOC) was to monitor the process of ensuring that there will be no interruption. The mandate of CIOC was to ensure that there will be no interruption of service delivery during the process of devolution. Therefore, Parliament went ahead to enact particular legislations and, in particular, the Transition to Devolved Government Act, 2012, which gave the country the legal framework for transition to devolved governments. Hon. Speaker, Article 15 of the Constitution gave the purpose and it was to provide a legal and institutional framework for a co-ordinated transition to the devolved system of government and ensure continued service to the citizen. That was the legislation that was given by this Parliament. There was also a requirement under this legislation providing for a policy and operative mechanism during the transition period. It was also to provide for audit, verification and transfer between national and county governments of the various functions; ensuring that there would be fair transfer of assets and liabilities, and ensuring that there will be parity between the two systems of government. Hon. Speaker, under this Act, Parliament--- Hon. Speaker, there are loud consultations right behind me."
}