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{
    "id": 594934,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/594934/?format=api",
    "text_counter": 203,
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    "content": "people, should have a free hand in who to be appointed. The only thing that we can do is to put qualifications of the person to be appointed. I believe we shall bring amendments to the Floor of this House to streamline the qualifications of the persons to be appointed as county attorney, deputy county attorney and county legal counsels. In our hearings, it came out clearly that an advocate of five years experience is not experienced and senior enough to withstand the pressures that may come from the governors, executive committee members or the county assemblies. So, we are raising the five year experience to a 10 year experience. This will be the same qualification that the judge of the High Court or the Court of Appeal must have. This is the same experience that most commissions especially those that need a secretary lawyer require. The responsibility that the county attorney will have at the county level requires an attorney of at least 10 years standing. Madam Temporary Speaker, another amendment is streamlining the qualifications. For instance, we have stated that the county attorney must have been a legal practitioner or a judicial officer for at least five years and the deputy county attorney must have been an advocate of so many years. We shall amend that to be consistent with the Constitution. The Constitution provides that an advocate of many years standing; it provides for a person who has been a judicial officer for long. We shall amend it for both offices to be in line with the provisions of the Constitution. Madam Temporary Speaker, when The Office of the County Attorney Bill goes through, we shall and if the proper county attorneys are appointed, they should guide the county government properly. In one of the committees, I was surprised to see a governor accompanied by three lawyers. One was called the Governor’s Legal Adviser like we have the legal advisers of the President. They also have county legal advisers. He was also accompanied by the county chief legal officer who is not in the personal staff of the governor but is in an office somewhere. He was also accompanied by two private advocates. That accompanying alone makes one think that the governor is guilty. Why does he have so many lawyers of good standing for something that is prima facie a small matter? On the security of tenure, the term of the county attorney should terminate with the governor’s term. As long as the county attorney has been appointed and the governor is still in office, he should, during that period, enjoy the security of tenure in order to give proper legal advice to the county government. We will achieve this by stating as we have stated in The Office of the County-Attorney Bill, the grounds upon which he can be dismissed. Specified grounds are there. This is achieved by providing that there will be an approval by the county assembly. However, Sen. (Prof.) Anyang’-Nyong’o pointed out that from the experience, county assemblies cannot be relied upon to provide security of tenure to the county-attorney who, maybe, in the process of discharging his duties, disagree with some of their issues. In order to protect this, the approval by the county assembly needs to be confirmed by the Senate. Once it goes through the process at the county level, the resolution must be brought to the Senate to confirm. If the clause is introduced on the confirmation by the Senate, the county-attorney will feel independent to give proper legal advice without fear or favour to the county government and the county assembly. Madam Temporary Speaker, we know what has been going on in the county assemblies to the extent where we are receiving many petitions from the members of public because their elected Members are not doing the oversight role that they are tasked with. Even the Members of 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."
}