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{
    "id": 631583,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/631583/?format=api",
    "text_counter": 373,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Mr. Deputy Speaker, Sir, we do not even have a similar legislation for the Senate to the extent that Article 185 as structured appears to anchor a county assembly more in terms of the power it has been given. Article 185(2) states that:- “A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.” The gospel that county assemblies will spell doom to our county governments must continue to be told. This is because they are the ones who make the necessary laws for the performance of the work of county governments. If we do not do what Sen. Sang is proposing here, we will not demonstrate their legislative authority under Article 185(1) or their power to make any laws. That is why, again, I thank the industry of Sen. Sang in anchoring this position. Secondly, Mr. Deputy Speaker, Sir, the County Governments Act is very clear. It states that in the absence of law at counties, the applicable law will be the national law, as long as it is not inconsistent with the Constitution. We have the Statutory Instruments Act at the national level. Therefore, this is what we, Senators, are supposed to do in so far as ensuring that national law is cascaded to the counties. I am extremely impressed by the definitions given in Clause 2 of the Bill. There is one of them that I would like to mention. Tariff of costs or fees is a statutory instrument for purposes of saying to the public that there will be a method and the tariff that you will get from your county government will be part of the statutory instruments. Clause 4 answers how that will be done. It will require comprehensive consultations, high level drafting, enhanced public participation, a mechanism for scrutiny of these instruments by the assemblies and periodic review. Mr. Deputy Speaker, Sir, one of the Articles in the Constitution that has been abused the most by the counties assemblies is Article 10 on public participation. In as many as seven or eight cases, the court said that public participation is not window dressing. It is not walking into a room and walking out. It is not about publishing a notice in the Kenya Gazette. I hope that the Public Participation Bill will come to the Senate as quickly as possible so that Article 10 is not violated. Sen. Sang mentioned a Bill about dressing. I had the occasion to interact with the County Assembly of Taita-Taveta. At that time, there was an interesting topic; the topic was that the County Majority Leader had proposed a Bill to punish rapists and pedophiles in the most inhumane manner which is in violation of every law that we know of and every standard under the human rights. However, the topic was exciting. I seemed like it was the panacea for the sort of people who do not have the decency of protecting women and girls. When I told them that they cannot make a law that is inconsistent with the Constitution and international standards; that their laws must confer with Article 2 of the United Nations where we have signed treaties, they were in shock. Mr. Deputy Speaker, Sir, the part where we have said that there must be high standards is important. Sen. Sang and his Committee on Delegated Legislation should work on this issue. Fortunately, the Chair and I sit in this the Committee on Legal Affairs and Human Rights. It is headed by Sen. (Prof.) Lesan. One of the things that I would like to see us do is to come up with a list or an inventory of the laws that have been passed by The electronic version of the Senate Hansard Report is for information purposes"
}