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{
    "id": 497279,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497279/?format=api",
    "text_counter": 167,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Mr. Temporary Speaker, Sir, thank you. I want to thank the Senators who have contributed to this amendment and I also want to bring to the attention of the Senate the importance of the same. Mr. Temporary Speaker, Sir, this morning we read in the newspapers that a member of a county executive has been committed to civil jail on account of a debt which was accrued by a municipal council prior to the commencement of the county government as envisioned by the law. Therefore, I think this amendment has come at the appropriate time. Mr. Temporary Speaker, Sir, part of the amendments which were highlighted by the Senators - which I would also like to highlight in my reply - is that other than civil proceedings and other proceedings, it talks about arbitration. Therefore, Senators, in an attempt to protect counties we are also telling the counties that even in the contracts they are signing, they will include an arbitration clause. I am happy to announce that the Cabinet Secretary in charge has now gazetted the guidelines on private-public ownership. As your county Governors enter into contracts with private parties, they will include an arbitration clause. This way, county governments will be protected in terms of proceedings that are commenced even in arbitration. Mr. Temporary Speaker, Sir, I would like to thank Sen. Kagwe, because he mentioned something very critical that is important and which I would like to lay emphasis on. Although he mentioned tractors, he came short of mentioning ambulances, which are also assets of counties. Counties are spending resources buying tractors and ambulances. These are part of the assets that can be attached to satisfy a debt that had been accumulated by a previous municipal council; alternatively, the predecessors of the county governments. Most Senators do not know that most of the debt problems that Nairobi County Government is facing were incurred by the previous Nairobi City Council. This County is not protected. A large portion of the money we are sending to them in terms of shareable revenue is being used to settle debts which, in fact, should not be paid. Mr. Temporary Speaker, Sir, more importantly, other than the settlement of debt, is the protection. Even if the Nairobi County Government does not have funds to pay for a debt, this county and its officials would sleep easy knowing that a person or an auctioneer will not wake up early one morning and pull the cars out of the parking lot or the ambulances out of the hospitals parking bay. As Sen. Kagwe mentioned, the auctioneers who operate in this country appear to be different human beings from the ones we know. They are ruthless and will be ruthless irrespective of whether it is an ambulance or a tractor that is rendering public service. Mr. Temporary Speaker, Sir, I am happy that Sen. (Prof.) Anyang’-Nyong’o and Sen. Hargura brought this to the fore by stating that the Fourth Schedule of the Constitution, recognised two levels of government; the national Government and 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."
}