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"content": "laws, we must ensure that the protections that were granted to the previous entities are extended to county governments. In the case of Cap 272, the protection that was given to the employees of the defunct local governments in terms of pension, should also be extended to the new proposed law or any other law so that those employees are not disenfranchised. This is because any law that seeks to take away a right that already existed is inconsistent with the Constitution or common law because it is not allowed. Mr. Temporary Speaker, Sir, I am happy that this has come to the fore and has passed. As I mentioned in my contribution, we must encourage and urge all Senators, like we mentioned in our Kamukunji to make a point of travelling to all counties across the board. I expect Senators to visit the county of Makueni so that such issues can be addressed. As I mentioned, the judgment that I quoted as the basis of the amendment to the law to protect counties under Section 21, was forwarded to me by a judge of the High Court. Mr. Temporary Speaker, Sir, in conclusion let me highlight, for purposes of the Senators who are present here today and anybody who might read what we are doing to understand, that the protection granted to the Government under Section 21 of Cap 40 requires certain procedures be followed in Section 21(1), which says: “Where in any civil proceeding by or against the Government, or in connection with any arbitration in which the government is a party, any order (including order for costs) made in favour of any person against the Government, or against a Government department or against an officer of the Government as such, the proper officer of the court shall, on an application in that behalf made by or on behalf of that person at any time after the expiry of twenty-one days from the date of the order, or in case the order provides for the payment of costs or costs required to be taxed, at any time after the cost has been taxed, whichever is later, issue to that person, a certificate in the prescribed form containing the particulars of the order.” This section will apply to our county governments equally. “Provided that, if the court so directs, a separate certificate shall be issued in respect of costs (if any) ordered to be paid to the applicant. This will apply to county governments. 2. A copy of a certificate issued under this sub section may be served by a person in whose favour the order is made upon the Attorney-General. It will equally apply with the necessary modifications and amendments. 3. If the order provided for the payment of any money by way of damages or otherwise, or of any costs, the certificate shall state the amount so payable, and the Accounting Officer for the Government department shall, subject as hereinafter provided, pay to the person entitled to his advocate the amount appearing by the certificate to be due to him together with interest, if any, lawfully due thereon: Provided that the court by which any such order as aforesaid is made or any court to which an appeal against the order lies may direct that, pending the appeal or otherwise, payment of the whole or any amount so payable, or any part thereof, 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"
}