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"content": "as much as possible to make it conform, so that it can actually link up to what is happening at the counties. Mr. Temporary Speaker, Sir, in Article 6, where the stress is on devolution and access to services, the territory of Kenya is divided into counties and we have those 47 counties very clearly listed in the First Schedule. In Article 2, the national and county governments are described to be distinct, interdependent and, therefore, this amendment also takes into consideration the independence in terms of operations; this has to be taken into consideration and emphasized. That distinctiveness of counties, therefore, is something that we cannot overlook. This goes on even in terms of the proceedings of the counties in what it does and the various responsibilities that are given to the counties. The nature of business at the county level is as serious as that of the national level and, therefore, we should not overlook what is happening at the county level and just focus on the national level. Mr. Temporary Speaker, Sir, Section 21 makes very specific provisions on the manner in which court orders against the Government are to be satisfied, but this section did not take into consideration the county governments by the legislative proposal that should be put in an amendment. That amendment will be having a section on its own which will deal with necessary modifications, apply to any civil proceedings by or against a county government or in the proceedings in connection with any arbitration in which a county government is a party. I think this becomes key and very critical. I am happy that this amendment has not just been slotted in arbitrarily at a point where we are talking about national/county governments, but it is a sub section in and of itself with a lot of clarity about how the proceedings at the county level should be handled. Indeed, Mr. Temporary Speaker, Sir, from the two Senators who moved and seconded the Bill, we have already heard that there is a lot of loading of debts that is happening to counties; counties that did not even know how those debts were acquired; municipal councils that have been asked to audit those debts and explain what has happened and they have not. We already know that what is being given to the counties in Section 203 in terms of the resources is very little. We know that the recurrent expenditure is already quite a burden and it is very unfortunate that processes have not been put into place for us to find out how these county governments are going to manage, especially debts that they did not plan on. We know that there is meant to be a developmental budget and that is where the focus for Kenyans is. They are looking to see how we are going to improve but, unfortunately, somebody can be very naughty to sneak in expenses that they cannot account for into the county government expenditures. We really need to protect these county governments from this. 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."
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