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{
    "id": 469443,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/469443/?format=api",
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    "content": "Article 186 of the Constitution talks about respective functions and powers of the National Government as opposed to county governments. It talks about situations where there is concurrent jurisdiction. Finally, on this part of the Constitution, there is a particular function that requires the intervention of the House. It talks about what happens when there is a transfer of functions and power between the two levels of Government. Article 187(2) says:- “(2) If a function or power is transferred from a government at one level to a government at the other level— (a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; ” So, it is talking about devolution and the powers that reside with the Governors, the County Assemblies or with the county governments for that matter. Without allocation of resources, it will just be a story of promises, hopes and expectations, but there will be no implementation or achievement of these requirements. There is Article 190 which deals with Parliament. Where Parliament is referred to in the Constitution in relation to devolution, we should read the Senate as the principal component of Parliament which should advance this cause. Article 190(1) says:- “Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions.” This is an agenda that I still think that this Senate, over the years, will have to really delve into to make sure that, in fact, we have put in place sufficient legislation. A lot of this legislation was a product of the previous Parliament sitting as a National Assembly. But I think now it behoves on the Senate to sit down to make sure that there is proper legislation to ensure that these county governments can perform their functions. Finally, just on the Constitution, in a provision which was read earlier by Sen. Musila on the issue of public finance, especially on the equitable share and other financial laws – which is Article 203, also found in sub-article 1(d); that there needs to be national legislation to ensure that county governments are able to perform the functions allocated to them; and (f) to make them meet developmental and other needs of the counties. So, there is a whole cocktail of provisions in the Constitution that are geared towards ensuring that these devolved systems of government can actually operate. Now, there are a lot of roadblocks in the way that would make it difficult for county governments to move on this road towards providing services to the people. One of them is the issue of taxation. Article 209 basically imposes the duty of legislation and taxation on the National Government. It is only the National Government which may impose taxation. So, to that extent, the extent to which county governments can get revenue through legislation is predicated on probably the generosity of the National Government, which is the institution that can levy taxes. And then the borrowing powers of the county governments 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."
}