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{
    "id": 505237,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/505237/?format=api",
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    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, first of all, that is unconstitutional. Secondly, it is rolling back devolution and the solution to some of the capacity gaps that may exist in our counties to deliver functions such as health which are very critical is to do what the law says. The Constitution says in Article 190 and thereabout, that the national Government has an obligation to support counties and empower them to deliver functions. Therefore, TA is mandated under this amendment to ensure that other than saying that these are the functions to be transferred and the Senate endorses, there will be another requirement. This is the kind of support that each county requires from the national Government to be able to deliver the functions in question. Finally, the Transition to Devolved Government Act of 2012 is amended to give TA the discretion to determine the specific component of a function to be devolved. In other words, it might be appropriate in some cases with regard to some functions, that the entire function cannot be devolved. However, TA and later the Senate as is approves, it should have the discretion to unbundle the functions so that certain components can be transferred and others retained, perhaps, subject to capacity building so that devolution is rolled out smoothly. There is an amendment by introducing a new Section 24(1). This new section provides that where there is no legislation at the county level concerning a function that is in the county, for example, legislation on crops and yet crop husbandry is a devolved function, then the corresponding legislation at the national level in this case, the Crops Act and other laws will continue governing that function as lawyers say, mutatismutandis, with necessary modifications until the county assembly of that county has passed the respective or appropriate law on that function. Mr. Temporary Speaker, Sir, I wish to end there and thank hon. Senators for their patience. As I said from the beginning, this Bill is very critical. It helps to streamline devolution. If there are issues which need to be pruned, this is the time to do that pruning so that we can make devolution a reality in our country. I now beg that the Statute Law (Miscellaneous Amendments) (No. 2) Bill, (National Assembly Bill No. 33 of 2013) be read a Second Time. I request the Senate Deputy Minority Leader, Sen. Abdirahman, the Senator for Wajir County to second."
}