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{
    "id": 520609,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/520609/?format=api",
    "text_counter": 243,
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    "speaker": null,
    "content": "not be politically driven. The reason I am saying so is because devolution is so central, so key to our system of Government that if you remove the pillar of devolution and the structural Government under devolved system of Government, if you remove it from our Constitution, then the new design and architecture of our new Constitution will have been taken away. Therefore, this is a section that we should look at, at some point to make sure that the threshold of what is deemed to be “needs that are common or interests of the citizens of a county” are spelt out in some way and fashion that is concrete enough, so that those driving the process at the county level are not driven by politics. The reason I am satisfied that, probably, politics may not play a role is if each organ of this process plays its part beginning from the President. How this matter is resolved depend on the commission that is appointed. This particular commission which has been appointed, I am in agreement essentially they are not people who are likely to drive the process in a political fashion. Secondly, the matter has to be approved by the apex body as stated in the County Government Act and then it comes to the Senate. It is to be emphasized that even where the Senate has agreed and resolved that the county government should be suspended, that suspension can be brought to an end by the Senate. If it emerges to the Senate at some point after this resolution has been made that there were ulterior motives unconnected with the problems of the people of the county and which were not brought to the fore at the beginning, the Senate can change its mind and make sure that suspension is terminated. Madam Temporary Speaker, the other thing I saw in the law and which somebody has commented about is the involvement of the Chairperson of the National Police Service Commission (NPSC). First of all, members of an independent commission or office should never be involved in this kind of process. The duties they have under the Constitution are so onerous that they should not be seen to be brought down to a controversy like this one, even if it is a committee. Once you are a member of a commission; for example, the National Land Commission (NLC) or if you are a member of an independent office, like the Director of Public Prosecutions (DPP), you should not be brought down to this level where you are required to now go into a county, begin to receive evidence and views on a matter which may be politically charged. Madam Temporary Speaker, having said all this, I am in agreement that in totality, the people recommended to be appointed and who have been nominated by the President are men and women of distinction. We may have a little problem here and there, but generally, we will only question their work when we get there. Let them do this work and let us get their report. We can then debate it and come up with recommendations as a Senate. Madam Temporary Speaker, this Constitution wants Kenya to be an indivisible nation. We may have ethnic diversity; we may live as different tribes, but essentially in the preamble, this Constitution wants Kenya to be one nation. This is something that the Senate, in whatever and however we approach any problem; be it in the counties, we must always remember that this Constitution wants us to be one indivisible nation, even if we have devolution, so that we are free to go to any county and to get any jobs in any county. 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."
}