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"speaker_name": "Sen. (Prof.) Anyang’-Nyong’o",
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"legal_name": "Peter Anyang' Nyong'o",
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"content": "Thank you, Mr. Speaker, Sir. When we were going for elections last year, there was a general belief in the Republic of Kenya that Governors should be people with managerial capabilities. It was a general assumption that Governors should be professionals. If you read Article 179 of the Constitution, it says that the executive authority of the county is vested in and exercised by a county executive committee. The chief executive of that executive committee is the Governor and the deputy chief executive is the Deputy Governor. Mr. Speaker, Sir, if you look at a corporation like Kenya Airways, you will find that the Chief Executive Officer (CEO) is Mr. Naikuni. Then he has a Board of Directors which is chaired by a chairman, without necessarily keeping way the CEO as a member. Now, I liken this County Development Board to a board of directors; the owners and runners of the company. The executive function of running that company is given under Article 179 of the Constitution. You cannot possibly be a CEO and then chair the board of directors. It happens nowhere, because you need the board of directors to give you advice. If you look at the amendment to the Act, it says exactly that this board is an advisory and consultative board that facilitates participation of the directors in one kind of consultative meeting. Nowhere in this amendment does it say that this board assumes executive powers. I have not seen it. Secondly, there has been a rumour going on that Governors are secretaries. What I see in the amendment is that the Governors are deputy chairpersons. In their absence, the Deputy Governor becomes the deputy chairperson. If the Chairman is not there, they assume the Chair. So, this amendment is so democratic and fair that to subvert it by rumours and innuendos means that the Governors fear to be advised and consulted. This is completely against the Constitution because participation and consultation is enshrined in the same Constitution. So, I think that it should be made very clear to the Republic of Kenya that this amendment and mediation was done by people who are very well informed about the Constitution and have good intentions for the counties. Mr. Speaker, Sir, I think that we stand on very good grounds and by your encouragement, we should go ahead and start this process. I am quite sure that right thinking Kenyans will realize that what we are dealing with is some kind of impunity. As Ayi Kwei Armah said “the beautiful ones are not yet born,” I am beginning to feel that with regard to impunity, the guilty ones are not yet born. This is because those who are guilty do not seem to accept that they are guilty of certain things and they go on rooftops and claim their innocence when their intentions are quite wicked. Mr. Speaker, Sir, I would like to appeal to my fellow Governors that we mean very well. We want to consult and advise. In the final analysis, as many Senators have said today, this board is going to be very useful to them in terms of improving their executive functions and having a sounding board, to find out what it is that may be going 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."
}