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{
    "id": 467276,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/467276/?format=api",
    "text_counter": 36,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Yes, Mr. Deputy Speaker, Sir. First of all, the Constitution provides for phased out transfer of functions and that is the Sixth Schedule, paragraph 15, which also requires that you assess the capacity of the counties based on their capacity. Now, there is no indication here that the counties have no capacity. The institution which has been given the responsibility to assess that capacity is the Transition Authority. If you read Article 23 up to Article 27, they will tell you the things that need to be done in terms of assessment of capacity of counties and the advice the Transition Authority will give in terms of gazetting. In fact, the Transition Authority is supposed to gazette the functions that will go to which county based on assessment of capacity. The only time that such a petition under the Transition to County Government Act will find its way to this House is when a particular county has been given a function and one thinks that they have no capacity to do that function or where a county believes that they have capacity to do the function but the Transition Authority has denied them that function. So, I think it would be unfair and unfortunate for this House to be told to make determination of such a petition when it is not provided for or structured within the law. We are unable to say here that, for sure, Garissa is unable to pay salaries or unable to hire even more staff and pay them. My only concern with this petition is that it is not contextualized in the law. Lastly, I do not think the President issued this executive directive that is purported to be written here because executive directives must be in writing and must be tabled in this House. So, it is important for Sen. (Dr.) Khalwale to have advised the clinical officers that; if they have to make an assertion that there is a direction that the President has issued, the so-called, executive order, it should come in writing. I have already informed this House that what the President did was that; he expressed the willingness of the national government to support an immediate devolution of all functions to counties. That does not negate the responsibility of the Transition Authority to do what the law requires in terms of assessing functions, capabilities of the counties, dealing with county governments and thereafter making a decision as to whether all the functions in health, roads or any other sector will go to county governments."
}