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{
    "id": 594111,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/594111/?format=api",
    "text_counter": 276,
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    "content": "whether the executive or the legislative assembly – are actually hiring private lawyers do draft legislations for them. Mr. Temporary Speaker, Sir, what I saw there was that three private lawyers, by way of the usual procedures of procurement, submitted and they were picked. Lawyers are submitting bills of at least Kshs1million on straightforward legislations and so on. County governments also require the services of legislation. The procedure that we have under the Constitution, which I have outlined, is that the Attorney General and the Kenya Law Reform Commission are required to assist. This does not make the county governments really independent yet they are supposed to function independently in terms of legislation. It becomes necessary that we have the office of the County Attorney who is like the Attorney General of the county. That is why the Standing Committee on Legal Affairs and Human Rights came up with the draft of the office of the County Attorney Bill. Mr. Temporary Speaker, Sir, its purpose as an Act of Parliament is clearly set out; to provide for the functions and powers of the County Attorney, to provide for the discharge of the duties and exercise of powers of the County Attorney and for connected purposes. This Bill is more or less, modeled with necessary amendments mutatismutandis with the office of the Attorney General Act that we currently have. It provides for the County Attorney and county legal counsel. In other words, just like we have State Counsel who vary from State Counsel I, State Counsel II, Senior State Counsel, Principal, and Senior Principal up to the Director of a department. Similarly, at the county level, we shall have the county legal counsels. Just like we have a Solicitor- General at the national level here, there will be a Deputy County Attorney. Those are the offices that have been created under Clause 4 of the Bill. We have the qualifications of the people occupying these posts. The County Attorney must have five years experience as a judicial officer or legal practitioner. This compares favourably with the Attorney-General whose qualification is at least 15 years experience; with the Court of Appeal and High Court judges, at least 10 years experience. This becomes almost like the Chief Magistrate or the Senior Principal Magistrate level which is a good comparison to that of the County Attorney. Mr. Temporary Speaker, Sir, we have the functions of the County Attorney which compares with some modifications and amendments with the Attorney-General of the Republic. Under Clause 7(a) the County Attorney shall be the principal legal adviser to the county government. Under our Constitution, the Attorney-General is the Principal Legal Adviser to the national Government. The County Attorney shall also attend county executive committee meetings, but shall have no right to vote on any matter before such committee. Here, it is like what I was before. You are an ex-officio member of the Cabinet with no right to vote but you attend. However, most of the government decisions are reached by consensus. In fact, in all my years as Attorney-General, there was never any one occasion where the Cabinet had to vote. The Cabinet always reached a consensus or went by what the President said, but they were never called upon to vote. The Cabinet always discusses until they agree. It is important that the County Attorney attends the county executive committee meetings. Mr. Temporary Speaker, Sir, the County Attorney shall also represent the county government in court in civil proceedings and constitutional matters. This is important 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."
}