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{
    "id": 497281,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497281/?format=api",
    "text_counter": 169,
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    "content": "county level. However, the County Governments Act and Government Proceedings Acts do not give that recognition or protection that is required to be given to the county governments in terms of civil proceedings or any proceedings commenced against a county or an arbitration commenced against a county. For the Senators who were not here, it is fair that I inform you - for purposes of understanding the reasons behind this amendment - that Bungoma County, in January this year, was compelled by a court to pay a debt that was incurred in 1991, with interest. They were also compelled to give vacant possession of a piece of land for an issue that arose in 1991; way before even the clamour for a new Constitution had come to the fore. Mr. Temporary Speaker, Sir, the amendment that I am seeking to put forth in the Senate will put squarely the protection that every county requires so that they can function. We have not stated, but the reason this law is there is because of the recognition that Government cannot default. So, if Government cannot default, there is no reason you should go and pull an asset or attach a building belonging to a county to satisfy a decree or a judgment that has been granted to a private or public entity in satisfaction of that decree. Mr. Temporary Speaker, Sir, I am happy because the contributions and also the persons who did not contribute - the ones I have spoken to - agree that this is something that we should have done before. We also recognise that as we amend this law, we must appreciate that the last Parliament, the National Assembly, in an attempt to comply with the law in terms of the transition and the Schedule of the Bills that were required to put the county governments in place made omissions which may not have been deliberate. Even so, they left the county governments exposed. I am urging this Senate and I am sure the Senate Majority Leader will agree, because he has also proposed a law that seeks to repeal one of the Local Government’s legislation, Cap 272. As we continue to amend the laws, we must ensure that the protections that were granted to the previous entities are extended to county governments. In the case of Cap 272, the protection that was given to the employees of the defunct local governments in terms of pension, should also be extended to the new proposed law or any other law so that those employees are not disenfranchised. This is because any law that seeks to take away a right that already existed is inconsistent with the Constitution or common law because it is not allowed. Mr. Temporary Speaker, Sir, I am happy that this has come to the fore and has passed. As I mentioned in my contribution, we must encourage and urge all Senators, like we mentioned in our Kamukunji to make a point of travelling to all counties across the board. I expect Senators to visit the county of Makueni so that such issues can be addressed. As I mentioned, the judgment that I quoted as the basis of the amendment to the law to protect counties under Section 21, was forwarded to me by a judge of the High Court. Mr. Temporary Speaker, Sir, in conclusion let me highlight, for purposes of the Senators who are present here today and anybody who might read what we are doing to understand, that the protection granted to the Government under Section 21 of Cap 40 requires certain procedures be followed in Section 21(1), which says: “Where in any civil proceeding by or against the Government, or in connection with any arbitration in which the government is a party, any order 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."
}