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{
    "id": 468501,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/468501/?format=api",
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    "content": "It is important to understand from the outset that when we talk about devolution, it is not a confine of any level of government. The Constitution has made it very clear that it is a responsibility for everybody, including this House and the public or state officers to ensure that, whatever they do, under Article 6(3), that service is taken closer to the people. That is why we have seen very many Motions being moved by hon. Senators who want various services to be taken closer to counties because that is the spirit of the Constitution in terms of devolution. Secondly, I have been asked to confirm if the Minister is planning to interfere with devolution. We discussed that matter and she said that she is instead planning to advise the President to ensure that devolution is achieved and implemented. Indeed, Article 6(2) of the Constitution is very important. Even if she attempted or dared to interfere with the work of governors or county assemblies, she will be violating the provisions of Article 6(2) which says:- “The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and co-operation.” There are two important principles listed there. The first principle is that of distinction. I can speak about it for an hour. But the most important thing is to ensure that two levels of government are doing their functions as distinct levels. If you check the Fourth Schedule, you will realise that there are functions that are fully National Government functions and others that are fully county functions. But there is also the principle of interdependence. In the Fourth Schedule, you will realise that Article 1 of the Constitution talks about policy making, for example, the agricultural policy and the county government implementation of that policy. This means that there is a relationship between the national and county governments. They need to operate together and relate. In fact, there are certain functions that are called concurrent functions in the Fourth Schedule. For example, in Part I, on functions of the National Government, there are functions as such disaster management, energy policy including electricity and gas reticulation and energy regulation. The same functions appear in Part II of the Fourth Schedule on the functions of County Governments. That means there are situations where certain functions will overlap. That is why the Constitution talks about consultation and co-operation. None will take orders from the other. If any governor takes orders from the Minister, he will be acting illegally because the Constitution has already talked about co-operation between the two levels of Government."
}