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{
"id": 624164,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/624164/?format=api",
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"type": "speech",
"speaker_name": "Hon. Baiya",
"speaker_title": "",
"speaker": {
"id": 8,
"legal_name": "Peter Njoroge Baiya",
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"content": "governments. It also determines the resource requirement for each of the functions. Other functions of the TA are clearly established under Section 7(2) of that Act. The process of implementing the Constitution is still ongoing. However, the transition period of the TA is coming to an end on 4th March, 2016. Its constitutional term of three years is coming to an end on 4th March, 2016. A critical question arises; can the life of the Authority be extended beyond 5th March, 2016? This forms the basis of this Report. For the Committee to make an evidence-based assessment of the need to extend the term of the TA and to make appropriate recommendations to this House, the Committee undertook the process of assessment and held meetings with, among others, the TA itself, the Cabinet Secretary for Devolution and Planning and the Inter-Governmental Relations Committee. They all appeared before the Committee and gave their opinion on whether an extension is permissible or not, in light of the provisions of the law and the requirement of the management of the transition process. The Committee also made an analysis of the provisions of the Constitution, the Transition to Devolved Government Act and the Inter-Governmental Relations Act, with a view to determine whether the law would permit extension of the life of the Authority. The meeting with the TA took place on 29th February, 2015. The TA reported to the Committee on its accomplishments in terms of its function and mandate conferred on it by the law. Among its accomplishments was unbundling of functions in accordance with Part 2 of the Fourth Schedule and some of the functions in Part 1 of the Fourth Schedule, as per the Constitution of Kenya, 2010. The TA unbundled functions of parastatals in sectors such as agriculture, livestock, fisheries, sports, culture and arts, regional development authorities, water service boards, water regulatory institutions and other bodies in the sector. In terms of its mandate, it also accomplished the phased transfer of functions to the county governments through various legal notices. These were Legal Notice No.15 of February, 2013; Legal Notices Nos.137 to 183 of 9th August, 2013; Legal Notice No.33 of March 17th 2014 and Legal Notice No.24 of 22nd January, 2016. The TA developed a framework for functional analysis and transfer of functions. It also developed a framework for analysis and performance of concurrent functions, which process is incomplete but is ongoing. They also successfully undertook historical costing for the performance of the devolved functions before initial transfer. They also ascertained the cost of the performance of transferred functions identified for the 2013/2014 Financial Year. They also undertook realistic costing of functions of five sectors. These were functions related to agriculture, fisheries, livestock, environment, water and natural resources, health, transport and infrastructure and foreign affairs. The report confirms that they did that. They also successfully developed and facilitated the framework for handing over or taking over of the assets and liabilities of the defunct local authorities by the county government, from the national Government to the county government. They also developed a mechanism and criteria for transfer of public assets and liabilities during the transition period and shared it with all the stakeholders including the Senate. They also facilitated the transfer and sharing of equipment, which were held under the Mechanical and Transport Fund (MTF) to county governments. They also developed guidelines for the transfer of agricultural training centres and agricultural mechanisation stations to county government. Also accomplished was collected data on assets and liabilities of the defunct local authorities and shared with all the county governments after they assumed office. They also undertook nationwide physical verification of 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."
}