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{
    "id": 505300,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/505300/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Thank you, Mr. Temporary Speaker, Sir. I rise to give my contribution to this Bill. The Bill proposes to align some of the Acts particularly the Land Adjudication Act Cap 284 to the Constitution. That appears on pages one and two of the intended Bill. I want to speak to the amendments to in the proposed Transition to Devolved Governments Act, particularly Section 23. I reiterate my previous contribution that this Bill should have been subjected to the Committee on Devolved Government. The Committee on Devolved Government has presented a report to the Senate agreeing. The Senate has resolved to agree to the appeal filed by all counties in respect of the functions which have not been transferred. This is to the extent to which the Bill attempts to give extra criteria on the Transition Government to provide capacity and programme. This is inconsistent with our resolutions. Two, this is inconsistent with the Constitution. The Constitution is very clear. You transfer a function and the function is accompanied by resources. There is no other programme that is required. Who is supposed to supervise this programme that is proposed under the amendment to 2(5)(a) and who determines the capacity? The reports of the Controller of Budget, since the beginning of the new dispensation have stated that counties do not have the capacities to develop legislation and other things. The proposed amendments to 23(5), if implemented, will extend the mandate of the TA beyond the three years. Three, it will provide a programme that cannot be supervised. Four, we know this because the TA has been here several times. They have complained that they cannot function because they do not have funds. So, on what basis will we give them these functions because they have failed to perform the functions that they were given at the first instance as the Transitional Authority (TA) have failed to perform them? One of them is to ensure a smooth transition between the municipal and urban councils to the new governments. It is on record that the Transition Authority has not plugged the holes that were closed by the old municipal councils and urban councils. It is on record that counties are still operating some of the accounts that were being run by the old councils and yet this amendment seems to suggest that the Transition Authority should be given more functions in order to perform this function. I disagree entirely. In Section 5 (b), for the last three years, the Transition Authority has been unable to unbundle functions. Why then would we add Section 5 (b) in their functions to 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."
}