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{
    "id": 520607,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/520607/?format=api",
    "text_counter": 241,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Madam Temporary Speaker, thank you very much for giving me an opportunity to also contribute to this very important Motion. Initially, I had thought that I would not support the Motion because of certain legal problems that I was seeing in terms of the Constitution and the County Governments Act. However, having reconsidered my position on this, I fully support the establishment of this commission. I hope it will do its work as required. I understand that the distinguished Senator for Makueni asked me what the problem was. Let me touch on it because it may put some light on the work of the commission. I was looking at the Constitution and I think the mover of this Motion pointed out the grounds upon which a county government can be suspended. The Constitution talks about it. Article 192(1)(a) states as follows:- The president may suspend a county government- “In an emergency arising out of internal conflict or war” The Mover explained that under the category found in 1(b) as a ground for suspending a county government which reads:- (b)“in any other exceptional circumstances” Madam Temporary Speaker, this would then mean that, that part of the Constitution should be read as analogous to (a) which talks about internal conflict or war. If you read that provision together with the County Governments Act which says in Article123 which the distinguished Senator for Makueni has referred to, it spells out the grounds as being; “engages in action that are deemed to be against the common needs and interests of the citizen of the county”. To me, that law was the threshold because what is deemed is not actually saying what it constitutes, it says what is deemed to be an action against the needs and interest of citizens of the county. Who determines what the needs and interests of the county are? In my view, it would then mean that, probably what is deemed to be “common needs and interest of the citizen of a county” may depend on who is driving the process. If you have a powerful force in a county which is determined to bring the county government down and collect the signatures of 10 per cent of the registered voters in a county, then the process can be triggered. Initially the President does not have much of a say, at least until now, all that he has to do is determine that the people who have signed the Petition are actually the registered voters. If it is established that it is so, then the matter automatically goes to a commission to be appointed by him after a resolution is made by the apex of inter-governmental bodies as established under the Inter- governmental Relations Act. That being the case, my starting point is that as we appoint this commission, we must bear in mind that it should not be politically driven. It is about politics, but it should 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."
}