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{
    "id": 603229,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603229/?format=api",
    "text_counter": 108,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "Hon. Speaker. I beg to move:- THAT, the Government Proceedings (Amendment) Bill (Senate Bill No.10 of 2014) be now read a Second Time. The Bill seeks to amend Section 21 of the Government Proceedings Act by inserting a new sub-section 5 which reads as follows:- “This Section shall, with necessary modifications, apply to any civil proceedings by or against a county government or in any proceedings in connection with any arbitration in which a county government is a party”. By seeking to amend Section 21, the Bill was introduced in the Senate by Hon. Mutula Kilonzo Jnr, the Senator for Makueni County, who, in his Memorandum avers that this Bill seeks to amend Section 21 of CAP 40, the Government Proceedings Act, so as to extend application to county governments in Section 21 of the Act that makes specific provisions on the manner in which court orders against Government are to be satisfied and in so doing, protects the interests of the Governments. By this amendment of Section 21, the interests of county governments will be similarly protected like those of the national Government. The Justice and Legal Affairs did, in accordance with the procedures of this the House, receive the Bill after it was passed in the Senate. The Bill was read in the National Assembly for the First Time on 11th December 2014 and committed to the Justice and Legal Affairs Committee in accordance with the Standing Orders. In terms of public participation, the Committee did not find it necessary to conduct any further public participation because this was already done by the Senate during the consideration of the Bill. There was no reason for the Justice and Legal Affairs Committee to conduct further public participation, noting that the entire Bill is a single amendment to Section 21. In the Sitting of the Committee on 18th June 2015 at Protection House, the Committee considered and adopted its Report of the Bill dated 24th March 2015. The Report was proposed by Hon. T. J. Kajwang’ and seconded by myself. There were no dissenting voices to the adoption of that Report. Turning quickly to the implications of this amendment, the Bill proposes to amend Section 21 of the Government Proceedings Act. If you look at the protection accorded to the national Government in execution, it would be necessary that the same protection is accorded to county governments. Indeed, this is one of the laws in which the Senate is properly in its place to introduce, so as to protect our county governments. Under the current Section 21 of the Government Proceedings Act Cap. 40, one cannot attach or execute Government property for the satisfaction of a court order. This is very important for Members of Parliament to follow. If you get a court order against the Government, you cannot attach Government property. There are good reasons for it. Government property is taxpayers’ property. Government property cannot be used for the purposes of satisfying a court The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}