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{
    "id": 528947,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/528947/?format=api",
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    "content": "which are also assets of counties. Counties are spending resources buying tractors and ambulances. These are part of the assets that can be attached to satisfy a debt that had been accumulated by a previous municipal council; alternatively, the predecessors of the county governments. Most Senators do not know that most of the debt problems that Nairobi County Government is facing were incurred by the previous Nairobi City Council. This County is not protected. A large portion of the money we are sending to them in terms of shareable revenue is being used to settle debts which, in fact, should not be paid. Mr. Temporary Speaker, Sir, more importantly, other than the settlement of debt, is the protection. Even if the Nairobi County Government does not have funds to pay for a debt, this county and its officials would sleep easy knowing that a person or an auctioneer will not wake up early one morning and pull the cars out of the parking lot or the ambulances out of the hospitals parking bay. As Sen. Kagwe mentioned, the auctioneers who operate in this country appear to be different human beings from the ones we know. They are ruthless and will be ruthless irrespective of whether it is an ambulance or a tractor that is rendering public service. Mr. Temporary Speaker, Sir, I am happy that Sen. (Prof.) Anyang’-Nyong’o and Sen. Hargura brought this to the fore by stating that the Fourth Schedule of the Constitution, recognised two levels of government; the national Government and the county level. However, the County Governments Act and Government Proceedings Acts do not give that recognition or protection that is required to be given to the county governments in terms of civil proceedings or any proceedings commenced against a county or an arbitration commenced against a county. For the Senators who were not here, it is fair that I inform you - for purposes of understanding the reasons behind this amendment - that Bungoma County, in January this year, was compelled by a court to pay a debt that was incurred in 1991, with interest. They were also compelled to give vacant possession of a piece of land for an issue that arose in 1991; way before even the clamour for a new Constitution had come to the fore. Mr. Temporary Speaker, Sir, the amendment that I am seeking to put forth in the Senate will put squarely the protection that every county requires so that they can function. We have not stated, but the reason this law is there is because of the recognition that Government cannot default. So, if Government cannot default, there is no reason you should go and pull an asset or attach a building belonging to a county to satisfy a decree or a judgment that has been granted to a private or public entity in satisfaction of that decree. Mr. Temporary Speaker, Sir, I am happy because the contributions and also the persons who did not contribute - the ones I have spoken to - agree that this is something that we should have done before. We also recognise that as we amend this law, we must appreciate that the last Parliament, the National Assembly, in an attempt to comply with the law in terms of the transition and the Schedule of the Bills that were required to put the county governments in place made omissions which may not have been deliberate. Even so, they left the county governments exposed. I am urging this Senate and I am sure the Senate Majority Leader will agree, because he has also proposed a law that seeks to repeal one of the Local Government’s legislation, Cap 272. As we continue to amend 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"
}