Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 624237,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/624237/?format=api",
    "text_counter": 264,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "election of county assemblies, from the national Government to county governments of the functions assigned to them under Article 185.” “(2) The legislation referred to in subsection (1) shall— (a) provide for the way in which the national Government shall— (i) facilitate the devolution of power; (ii) assist county governments in building their capacity to govern effectively and provide the services for which they are responsible; and, (iii) support county governments.” This particular section does not, in any way whatsoever, speak to how long TA ought to be in office. The section only says that the legislation shall give power to that Authority or whatever you create. It does not in any sense create a definite term for the TA. It only says that there ought to be transfer of powers to devolved governments in three years in a phased manner. In fact, I am happy with Hon. Duale for raising the legal opinion from KLRC because those two things can actually be juxtaposed. The spirit of Section 23 of the Sixth Schedule to the Constitution gives Parliament a chance to make a law within one year. It is not saying that the term of the Judges and Magistrates Vetting Board will be one year. So, Section 15 of the Transitional and Consequential Provisions of the Constitution does not fix the term of the TA. However, even if you were to interpret Section 15 to say that the term of the TA ought to be three years by dint of constitutional provisions, let us appreciate something: The Senate that is supposed to be guarding devolution has spoken to this matter. My very good friend, Hon. Amos Wako, in his wisdom, has proposed a constitutional amendment, simply because he imagines that in the absence of TA, in the manner that devolution is crafted, we will be throwing devolution into an abyss. The TA ought to be an arbiter between the county governments and the national Government. I know Members have canvassed and they have spoken strongly to the extent that, maybe, the TA is not doing its job. Maybe, that is true. But on the other side, one thing that we know for a fact is that some of the problems TA is experiencing are not of their making. For all lovers of devolution, if the interpretation of Section 15 of the Transitional and Consequential Provisions of the Constitution in the Sixth Schedule means that the TA ought to be wound up, there are two ways we can go about it. One, explore the constitutional amendment that Hon. Amos Wako is proposing. But that one is going to be in the next six months, by which time that Authority ought to have wound up. Hon. Temporary Deputy Speaker, you and I being very good students of law know for a fact that this House is supposed to make laws; and that one of the reasons you make law is to respond to conflicting issues. We know that in the absence of TA or of an Authority that oversees the devolution process, the spirit of devolution is going to come to a cropper. The Chair of the Constitutional Implementation Oversight Committee has properly spoken to the fact that there is going to be created an intergovernmental committee, but that particular committee, in all honesty, is full of vested interests. We know those people who do not want devolution. To say that you want the work of TA to be handled by an intergovernmental committee is not fair to the spirit of devolution. You know there have been interests. For example, the county governors having requested that county government functions be devolved in a manner that Section 15 of the Sixth Schedule 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."
}