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{
    "id": 451017,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/451017/?format=api",
    "text_counter": 242,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Oginga",
    "speaker_title": "",
    "speaker": {
        "id": 194,
        "legal_name": "Oburu Ngona Odinga",
        "slug": "oburu-odinga"
    },
    "content": "I am not very happy that very substantial amendments to Bills are brought to Parliament through the Statute Law (Miscellaneous Amendments) Bill. Some of the amendments that have been brought here are so fundamental that they needed to have been brought in through separate amendment Bills. Particularly, talking about the amendments to the Transition Authority Act, they are actually fundamental amendments which affect the Constitution. I thought they should have been brought separately as substantive amendments to the Act, so that hon. members could have an opportunity to thoroughly look at the Act and debate the amendments properly. I am saying that the proposed amendments to the Transition Authority Act are fundamental, and that they affect the Constitution because this particular Authority was established by the Constitution as well as by the Act. The reason for giving the Transition Authority the powers that it has was to make it independent, so that it could ensure fairness in the division of assets between the counties and the national Government. However, we can see that even before the life of the Authority has expired, we have an amendment recommending its dissolution and replacement by a committee that will be under the national Government through the Ministry of Devolution and Planning. Hon. Temporary Deputy Speaker, as we speak, I am aware that the Authority is only being given salaries. It is not being given money to enable it effect the mandate that it was given by the Constitution. This is very serious because as we are aware, the division of assets between the national Government and the devolved authorities is fundamental. I can make reference to my county of Siaya where the administration there assumed that they could occupy the Lands Offices since the lands functions had been devolved. When they went there, they were thrown out by the Administration Police officers who were guarding the premises. It is, therefore, important that we allow the Transition Authority to complete its term, so that it can tackle this very fundamental function of dividing the assets between the national Government and the counties. There is also a violation of the Constitution. The Transition Authority was supposed to draw monies directly from the Consolidated Fund but even before this Act is passed, the Ministry is already allocating to itself powers of giving the Transition Authority money and, therefore, starving them of funds – which it was supposed to source directly from the Consolidated Fund. So, already, the Transition Authority has The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}