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{
    "id": 551795,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/551795/?format=api",
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    "content": "(3) The national Government has signed a colossal deal with some service providers, ostensibly to provide certain medical equipment to selected medical facilities at the county level. (4) The national Government has since drafted a Memorandum of Understanding (MoU) wherein it seeks to incorporate county governments in the transaction. A copy of the said MoU is attached. (5)In the said MoU the Ministry of Health has disclosed that it invited tenders for medical services equipment on 11th July, 2014. (6) As at 11th July, 2014, the Ministry of Health had not executed the requisite inter-governmental agreement as required by Article 187 of the Constitution with respect to devolved health functions. (7) The decision of the Ministry to invite tenders for devolved health functions on 11th July, 2014 was unilateral and no county was consulted. (8) County governments have not been consulted in the entire transaction. (9) Despite clear indications from county governments that the Ministry of Health is overstepping its mandate under the Constitution, the Ministry is pressuring counties to sign the disputed MoU. (10) The Council of Governors state that:- (a)Article 6(2) of the Constitution provides that the governments at national level and county level are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and co-operation. (b)This provision forms the foundation of Kenya’s co-operative form of devolved government which combines a certain measure of autonomy on the part of each of the levels of government, with a measure of joint and collaborative action and decision making by the two levels of government; (i) Distinctness refers to the autonomy of the levels of government which connotes a number of things. Distinctness connotes a certain measure of autonomy for each of the orders of government as entities in their powers and functions. (ii)This autonomy is made even stronger in the sense that the nature of the powers and functions is cast by Article 1 of the Constitution as being an exercise of sovereign power of the people which is shared among the two levels of government. Both levels of government and the 47 counties are creatures not of one level, but of the Constitution as the expression of the sovereign will of the people of Kenya. (iii)None is a mere agent of the other and can be abolished by the other. Each level elects its own political structures and institutions which it controls. In this sense, each level of government is distinct from the other. (iv)Distinctness as autonomy connotes exclusion of hierarchy in the relations between governments. This is an extension of the autonomy concept which ensures that in their relations, none of the ggovernments is treated as a mere agent of the other, but as an equal partner. The county governments are autonomous and not mere agents of the national government. (v)Distinctness as autonomy connotes exclusion of hierarchy in the relation between governments. This is an extension of the autonomy concept which ensures that in their relations none of the Governments are treated as a mere agent of the other, but as an 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."
}