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{
    "id": 497886,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497886/?format=api",
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    "content": "as aforesaid and such investigations or legal proceedings may be instituted, continued or enforced.” In conclusion, this is what the judge said: “In my view and taking into account the legal provisions I have cited, the county is legally constituted under the law that takes place of all local authorities unless there is a contrary enactment. I, therefore, find and hold that the proceedings and judgment against Webuye Town Council and its officers must continue against the County of Bungoma which must bear the burden of the judgements. This one continues to say, the court cannot grant orders incapable of enforcement.” Therefore, the court proceeded in the case filed against the Town Clerk of Webuye Council to enforce these order against the county of Bungoma. What am I saying? In drafting the County Governments Act, fellow Senators and Mr. Temporary Speaker, we forgot to put a legal mechanism to protect the counties against legal proceedings commenced before the enactment of this law. What does this mean? If you look at the audit reports of Nairobi or Makueni counties, you will see that all the county councils that were disbanded by the enactment of the County Governments Act had more debts than you can imagine. How will the debts be enforced? Once these people obtain a judgment, they can go and attach the county government’s cars, assets and any other thing that can be attached without any legal protection. Senators, unknown to many of you, many counties are grappling with debts that were incurred before the promulgation of the County Governments Act and there is no protection whatsoever against proceedings or execution against them. In the Government Proceedings Act, the local Government that was the predecessor of the now county Governments had a protection of law to the extent that you could not go to the City Council of Nairobi and pull their car because of a debt. That is why they have a Pending Bills Committee. They are protected by law. Our counties are not protected by law. While we, as Senators, are working hard to have sharable revenue going to our counties, there are people who are ensuring that this money will only go to pay debts. The Nairobi County is completely clogged with tens and tens of billions of debts incurred by their predecessor. If the County Government of Nairobi City does not pay those bills, they will proceed to attach assets and paralyse the county. This amendment, to only one section of the law seeks to introduce a protection that is enjoyed by the Government of Kenya that was enjoyed by the local governments which was; before you commence action or execute against the Government of Kenya, you must first have issued a notice. You cannot attach anything. The same protection is also granted to the Teachers Service Commission (TSC). The same protection is also granted to other Commissions. However, this protection is not granted to the people that we serve and those are the counties. That is our mandate. This lacuna of the law is something that we must plug in. 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."
}