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{
    "id": 469441,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/469441/?format=api",
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    "content": "Mr. Speaker, Sir, if there is any great achievement of the Constitution of Kenya, as promulgated in August, 2010, it is the system of devolved governments. As I have read out in the Motion, if you look at those specific provisions, this Senate and Parliament as an institution has the role to protect and defend not only the Constitution, but also the devolved system of government. The Senate has even greater responsibility in ensuring that this devolved system of government not only works, but is able to carry out the objectives which are spelt out not only in the Constitution, but in the various legislations that have been enacted since the promulgation of the Constitution. Mr. Speaker, Sir, if we look at the Objects and Principles of the Devolved Government as found in Article 174, I do not need to mention each one of them, you will agree with me that the county governments, through the devolved system of government, have many functions and responsibilities that we must have a clear perspective and view of in order to ensure that they work in the manner that was anticipated by the makers of the Constitution. If you look at Article 174, there are provisions which relate to the Constitution, but more importantly for purposes of this Motion, Article 174(d) says:- “The objects of the devolution of government are- (d) to recognise the right of communities to manage their own affairs and to further their development;” Emphasis here is on “communities to manage their own affairs”. It is needless to say that communities in our structure and system of Government can only be able to achieve and implement this provision through the county governments. The other objective as stated in Article 174(f) says:- “The objects of the devolution of government are- “(f) to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;” This will be done using the devolved system of government as a mechanism for achieving this. Article 175(b) is more important when we think about the work of county governments. It provides:- “County governments established under this Constitution shall reflect the following principles–– (b) county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and---” So, there are two functions, to be able to govern, but more important for the people is to deliver services effectively. This is in the Constitution, and not on any other subsidiary legislation. Part (2) of Article 176 requires that:- “Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so.” So, the county governments are not on their own the final phase of devolution. They are under duty to devolve further – to decentralise – so that services go right to the people. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}