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{
    "id": 448475,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/448475/?format=api",
    "text_counter": 276,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "This Report does not speak anywhere about an agreement between the county government and the national Government. So, whereas it is true that we need to transfer the function from the county governments, that ought to be done procedurally. I am constrained to think that if we proceed in the manner the Report recommends then we will be comtting two constitutional violations. The first one is in the order of devolving functions slightly before the three-year period. Hon. Speaker, the second thing that Article 187 seeks to do is that transfer of functions or powers should not be prohibited by legislation. If you want to transfer in the manner the Report recommends in Recommendation No.2, then we need to be looking at the County Governments Act and a raft of other laws which speak about transfer of functions and powers between levels of government. If we pass this Report in its current form we will be continue to destabilize the Constitution. That is why I spoke at length with hon. Rachel Nyamai. We in the human rights caucus have no problem whatsoever in terms of the recommendations they have come up with, but we have a problem with the form of the Report. Article 187 that they rely on, does not speak to the spirit of what the Committee has presented here. It is true that the committee needs to look at how to sort out the mess in the health sector and move in the manner recommended in Article 187. Their second recommendation goes really against the spirit of Articles 181 and 187 of the Constitution, which is something I am really constrained to support."
}