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{
    "id": 594908,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/594908/?format=api",
    "text_counter": 177,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang'-Nyong'o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "Madam Temporary Speaker, let me take you to Clause 13 of the Bill which I think is very important, but I would like to plead to the Committee on Legal Affairs and Human Rights to amend. It deals with the power of the governor to remove the county attorney from office. I would like to read this clause because it is an extremely important clause for the attention of lawyers like Sen. Sang, Sen. Mutula Kilonzo Jnr. and Sen. Hassan who sit in that Committee. The clause says:- “The governor may, with the approval of the county assembly, remove the County Attorney from office only for:- (a) Serious violation of the Constitution or any other law; (b) Gross misconduct whether in the performance of functions of the office of the county attorney or otherwise; (c) Physical or mental incapacity to perform the functions of office; (d) Incompetence; and (e) Bankruptcy. (2) Notwithstanding the provisions of subsection 1 above, the governor may upon election under the Constitution appoint a person who is qualified as county attorney in accordance with the provisions of this Act. In other words, the governor has the powers to appoint and remove the county attorney as stated in Article 13(1). Madam Temporary Speaker, I want to add a rider. We have had two-and-a-half years of experience with devolution. We have known powers of governors to emasculate county assemblies and do their bidding. I am not saying that this is going to be perpetuated to infinity but I am saying it is a possibility we need to legislate against or we need to have some control in this Bill that will not make that possible. I am, therefore, proposing that we add - and I hope I can work with the Committee on Legal Affairs and Human Rights to bring this amendment - and add Article 13 (3), which will say:- “Notwithstanding the provision of Article 13 (1) and (2), after the governor has reported his action to the county assembly and in the event that the county assembly sustain the proposal for removal by the governor, a report shall be made to the Senate to review the decision by both the governor and the county assembly, and establish whether or not the County Attorney should be removed from office.” Madam Temporary Speaker, I am adding this provision because I think the county attorney should enjoy security of tenure and independence that gives him or her have the ability to render services and advice to the county, both the executive and the assembly, without fear or favour. The role of an Attorney-General,- Sen. Wako can recall- is to be in a position to render advice to government with a degree of independence that makes such an Attorney-General objective and capable of guiding the county on matters and principles of law and not bending himself or herself to the transient preferences of politics. Madam Temporary Speaker, I think this is very important and I hope the Committee on Legal Affairs and Human Rights will draft an amendment to that effect together with me, and I 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."
}