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{
    "id": 594913,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/594913/?format=api",
    "text_counter": 182,
    "type": "speech",
    "speaker_name": "Sen. Hassan",
    "speaker_title": "",
    "speaker": {
        "id": 431,
        "legal_name": "Hassan Omar Hassan Sarai",
        "slug": "hassan-omar-hassan-sarai"
    },
    "content": "Thank you, Madam Temporary Speaker, for this opportunity. There is very little that I can say because much has been said. First and foremost, as many Members have said, I commend the stewardship of Sen. Wako for coming up with this flagship Bill. I have always said that we, as the Senate, one of our principle obligations is to be innovators. This is an innovation that will go a long way in strengthening the mandate of county governments and ensure that we offer specific directions in terms of how devolution will be ultimately institutionalized in the counties. This Bill provides a template that we can use. When counties were established, we realized that many governors were given an opportunity to take a wide array of advisors. For example, they brought on board legal, political and economic advisors. However, what we have seen is that rather than using this opportunity to infuse a certain level of competence that would direct the transaction of his or her office, in a manner that discharges its functions in conformity with the law, many of them ended up appointing a litany of colleagues who are zealots and campaigners. Madam Temporary Speaker, this Bill lifts the threshold in terms of the kind of person who will be appropriate to advise counties on legal matters. Clause 7 of this Bill says that the county attorney is the principal legal advisor to the county government. In this case, the county government means the county assembly and the executive. This is, therefore, an opportunity for both the county assembly and executive to draw from that profession. This is because we have set a certain mark of professionalism and experience that we believe is sufficient to discharge the functions of this office in a manner that meets the challenges of devolution and the legal elements. This Bill, apart from setting the minimum criteria of appointment, gives every county an opportunity to attract some of the most experienced lawyers. For example, a county government will hire the services of senior counsel based on the challenges of the county because the challenges vary from county to county. There might be counties that need people with high capacity while others have more severe legal challenges. Clause 20 states that the county legal counsel appointed under this Act shall in consultation with the Salaries and Remuneration Commission (SRC), give a wide array for us to also bring in a litany of counsel who have a certain capacity of minimum qualifications that can be important in the discharge of the various elements of the county work. Madam Temporary Speaker, there has been lamentation by the Office of the Attorney- General in Nairobi that the quality of legislation coming out of the county assemblies is wanting. It is for this reason that the Attorney-General wanted to ascribe himself certain powers literally to be an auditor or clearing house for legislation before they are gazetted into law. However, establishing county attorney offices takes away these aspirations, which according me, would undermine devolution. From the outset of any legislative process, the county attorney’s office and his establishment is able to input the constitutionality and legality of Bills and ensure that drafting is made to those standards such that when it goes through the processes of the county 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."
}