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{
    "id": 651421,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/651421/?format=api",
    "text_counter": 362,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "go home. It is as simple as that. The amendment that Sen. Murkomen is bringing to Section 30(3) that the principal act is amended by inserting the following new paragraph immediately after paragraph (a). Section 30(3)(a), which says:- “In performing the functions under sub-section (2), the governor shall provide leadership.” It goes on and on, and then you bring a very curious clause. That:- “In performing the functions, the governor shall consult the deputy governor.” If, for example, the Governor of Kiambu County has appointed his deputy as one of the County Executive Committee (CECs) members because he is not excluded by virtue of being his deputy and the law allows him to sit in the CEC and executive meetings, then you appoint him with his consultation, he will be very happy to accept to be consulted to be appointed. Along the way, you find your deputy to be incompetent and then you are required to consult him to sack him - it does not make sense at all. So, you now have to call your deputy and say: “My deputy; I now have the honour to consult you. I have reached a conclusion that I gave you a portfolio by mistake or one that I realise you cannot handle. In consultation with you, I want to sack you.” Who operates like that? Mr. Temporary Speaker, Sir, we are making it impossible for county governments to work. What is good for the national Government must be good for the county governments. If the county governor wants to shuffle his cabinet, it is his cabinet and he does not have to consult anybody. All he needs to do is make a rational decision and not be vindictive or violate people’s rights. He can then wake up in the morning and say: “I thought this CEC was good for agriculture but he can be good for health.” You can then remove him. “I thought this CEC was good for education but I can see he is better for water.” Again, you move him. Supposing you wake up and move them and you have or have not consulted the deputy governor and he says, no. Even the provision here is not good enough. “shall consult the deputy governor.” Does “consult” mean concurrence or information? What does it mean? When you say the governor, in the performance of the functions of his office shall consult the deputy governor is a blanket and dangerous provision. For example, if the governor wants to go and open a borehole somewhere, he has to consult his deputy. Otherwise, the deputy can go to court and say the act that the governor performed is unlawful because he did not consult him. Mr. Temporary Speaker, Sir, when the governor wants to travel out of the country in performance of his duties, he has to consult the deputy and if he says, no, he cannot go because he is also travelling, how do you operate? I do not think this proposal is reasonable. I do not think it is going to enhance the performance of functions of the office of the governor. I have difficulties with many governors including my own due to inability to account for public funds, inflated purchases as you saw the case of wheelbarrows, an unaccounted for roads fund and so on, but I will spend all my energy to defend the structure of the office of the governor. Mr. Temporary Speaker, Sir, since this Bill was published, I have taken the opportunity to speak to some governors whom I have reason to believe are level headed 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"
}