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{
    "id": 591354,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/591354/?format=api",
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    "content": "far from it because the membership and the representation will remain the same. It is only a split for the purpose of independence and ability to carry out those functions without interference by another Chamber of Parliament. I need to emphasise this because usually in cases like these where you are dealing with a sensitive matter like amending the Constitution, Kenyan people will want accountability from us as to whether we are doing things for the benefit of our own at the expense of Kenyans and at the expense of service delivery. Madam Temporary Speaker, the other subject that has been dealt with is the issue of national and county executive. We have clarified the process of removal of the governor and the deputy governor. The process that is there at the moment provides that Parliament shall be able to enact legislation on the removal of a governor or a deputy governor. We have imported that the provisions of the County Government Act, in so far as removal of a governor and the deputy governor is concerned. We have also imported the provision of Article 145 of the Constitution on removal of a President and the Deputy President, all of them created a similar process of removal of a governor or a deputy governor in the Constitution. We want to add that as a result of the same, we realized that when it comes to removal of a state officer, there can be unnecessary inordinate delays. The experience that we now have with the Wambora situation, where one moves from one court to the other, looking for delaying tactics to ensure that they frustrate a process of accountability, has now been checked by this Draft, by making a provision that will ensure that any person who would like to challenge a removal of a governor or a deputy governor, a removal of President or Deputy President, we have to make it uniform, will have to do so in the Supreme Court and within 60 days. Madam Temporary Speaker, also as a lawyer, I want to remind the Republic that although the substance of the removal can be challenged in the Supreme Court, we have no capacity and ability to legislate the High Court out of any question that relates to human rights and violation of rights of an individual even in that process. When that question of that issue comes before the Supreme Court at any given time, they will have to determine how to deal with issues that have been challenged in the High Court in as far as personal rights of any person is concerned. Madam Temporary Speaker, we have also dealt with the issues of safeguarding the independence of the county assemblies. At the moment, the county assemblies are at the mercy of the county executive in the manner in which their budgets are being released, and how they manage those resources. Although an Act of Parliament had already provided in the Public Finance Management Act, that it will be independent to the county assembly, we thought that it was important to provide it in the Constitution clearly that the County Assembly Service Board shall be an independent institution, just like we have the County Public Service Board. So, the County Public Service Board can run its affairs independently and in a manner that with their clerk being the accounting officer and the Chief Executive Officer (CEO) of the county assembly, so that they can run their affairs independently. Madam Temporary Speaker, we have also dealt with the publication of county Bills by creating in the Constitution a definition of gazette that includes a County Gazette which is a gazette published with the authority of the county government, so that we do 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."
}