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{
    "id": 693843,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/693843/?format=api",
    "text_counter": 722,
    "type": "speech",
    "speaker_name": "Mr. George Ng’ang’a",
    "speaker_title": "",
    "speaker": null,
    "content": "Yes, there are dates set out at Page 680. What is not there is information like it is pending gazettement at the Government Printer but effectively it has been forwarded. You will notice that Section 25(2) of the County Governments Act states that:- “Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the county Gazette and Kenya Gazette, whichever comes earlier, unless the legislation stipulates a different date on or time at which it shall come into force.” So, there is a publication requirement that has made it impossible for it to become law. To answer Sen. Mutula Kilonzo Jnr.’s question, what is critical is that Section 30(2)(g) confers an obligation on the governor. In fact, I want to read it verbatim because it is very critical. It states that:- “Subject to the Constitution, the governor shall consider, approve and assent to Bills passed by the county assembly.” Whereas there might be a mechanism through which that Bill can become law without the assent, what justification is there for the Governor not to assent yet there is a direct obligation imposed on him by that Section to approve and assent? Whereas he does not necessarily have to assent, you will notice that even in situation where he is unhappy and chooses not to assent, he is supposed, under Section 24(2)--- This is what Section 24(2) states:- “The governor shall within fourteen days after receipt of a Bill— (a) assent to the Bill; or (b) refer the Bill back to the county assembly with a memorandum outlining reasons for the referral.” So, in situations where he does not do either, is that a violation of the law? My basic interpretation of that Section is where a function has been imposed and it does not give you the discretion and you decline to comply, there is a violation. As far as the County Assembly is concerned, they are saying it is a gross violation because you were given the mandate by the people when they elected you. The law confers you with a function that before a Bill becomes law, you give your input but you abdicated that by doing nothing. That undermines the legislative authority because then it means that this Bill just becomes law without you doing anything and that is a gross violation. Let me go to the other question. This is the question that Sen. Mutula Kilonzo Jnr. asked on whether the previous budgets have been passed without the input of economic fora. It is very 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."
}