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"content": "heads hence, and as a result, we have witnessed the various conflicts that go on between the county governments and the county assemblies. Mr. Deputy Speaker, Sir, I am glad that this particular Bill has been brought up to emphasize the fact that county assemblies play a very important role in the management of this country. In particular, they play a very important role as a legislative authority under the county governments. I am glad that as a legislative authority, the MCAs are going to enjoy similar powers and privileges which Members of the National Assembly and Members of the Senate also enjoy. In other words, we, as legislative bodies, are going to enjoy the same powers and privileges. These powers and privileges have not been bestowed to us for nothing. They have been bestowed to us in order that we may discharge our constitutional mandate properly without any fear or favour. Mr. Deputy Speaker, Sir, when we say that a Member of the County Assembly will now have some immunity in whatever he says in the National Assembly, that is to ensure that, that Member of the National Assembly, referring to Section 11 - Immunity from Legal Proceedings – that is to ensure that an MCA, just like a Member of the Senate or a Member of the National Assembly has complete freedom to speak without any fear or favour on issues which touch on the counties. Of course, those may be very touchy issues. They may be issues in which one would be afraid to speak if the person was to be subjected to legal proceedings by way of defamatory suits and so on. So, when we give these Members, under Section 11, immunity, it is for them to perform that role properly. When we also say that no civil or criminal proceedings may be instituted in any court against an MCA, we are giving that MCA freedom to speak. So, that enjoyment is there. Mr. Deputy Speaker, Sir, the other role they have been given is a role that is there under Article 185(3) of the Constitution, which is to exercise oversight over the County Executive Committee (CEC). The CEC, includes the Governors and Deputy Governors. I sit on the County Public Accounts and Investments Committee (CPAIC) and we deal with grave issues. Other issues should be dealt with by the county assembly at that level. However, those issues have never been dealt with at that level. Maybe, they have not been dealt with at that level because some MCAs may feel that they cannot touch on any act of the governor or any act by the member of the CEC. In other words, they are fearful and yet the Constitution has given them a very firm role on having oversight authority over the CEC. Mr. Deputy Speaker, Sir, now that we are passing this Act, which is now going to protect MCAs, my plea is that they do carry out their oversight authority over the CEC because the Senate cannot be inundated with all audit queries that may arise from 47 governments. Mr. Deputy Speaker, Sir, I had an opportunity to have lunch with the Chairperson of the Public Accounts Committee (PAC) of the National Assembly. He was saying how they have a heavy load of duty that they have not even enjoyed the recess because they have been meeting every day. I told him they are lucky because they are dealing with only one Government; that is the national Government. We, on the other hand, have to oversight over 47 governments and he agreed with me. When the time comes and it is clear that the governors must appear before us, and so on, and so forth, we are also going to be inundated with a lot of work. That is why it becomes very important that the oversight role of the Senate and the oversight role of the 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"
}