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{
    "id": 703329,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703329/?format=api",
    "text_counter": 156,
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    "speaker": null,
    "content": "The committee that is provided here starts its work before the election. This is a good thing as opposed to having a ceremony after the election. The only objection that we have is the swearing in ceremony. I want to make two comments; Clause 11 proposes that the new governor-elect shall be sworn in by a judge and in the absence of a judge, a resident chief magistrate. This is lowering the standard of a governor. We have proposed an amendment to Clause 11 because we know judges are available and there is no excuse why we cannot have 47 judges. There are more than 47 judges currently. Therefore, we have proposed an amendment so that there can be a judge to swear in the incoming governor. Sen. Wamatangi was proposing in Clause 11 as follows: “THAT, the ceremony shall take place the first Tuesday following the 21st day after declaration.” That simply means that if the general elections are held on 8th August 2017 and the results are announced 10th of August 2017, therefore, 21 days takes you to the month of September or at the very least the end of September. This is a very dangerous clause. There is no reason whatsoever in law now that we have a transitional committee called Assumption of the Office of Governor Committee which will start sitting 60 days before the elections, why a governor cannot be sworn in seven days after declaration. There is a reason for this. I suspect and my suspicions are based on the fact that there will be high competition in these offices. If you allow a governor who has been defeated 21 days in office, there is high likelihood of interference, materials being hidden and sabotage of the incoming governor. Mr. Temporary Speaker, to avoid that sort of politics which is not new and which is something that is not imagined in this Republic, this Assumption of the Office of Governor Committee must ensure that immediately after the election, the only thing that the governor-elect is going to do is most likely change the programme because the programme would be ready, change a few colours if the colours have not been chosen, change a flag or something. However, there is no reason to have 21 days of a vacuum. When I requested to know the reason behind this clause, I was told it is because they are waiting for the President to be sworn in and in case of a petition of the elections of the President. Nothing could be further from truth. It does not help because the two are not related in law, in fact or otherwise. We have proposed the handover should include assets and a schedule of debts to be signed by the governor, the deputy and county secretary. There should be responsibility so that we do not have a situation where you are assuming office and the governor continues to engage in debt. I hope we can propose this amendment – that at some point before the elections, we should stop the County Executive Committee from awarding tenders. This is a method that is being used at county government level to create debts and shady contracts. We have seen what National Youth Service (NYS) were doing. They can collect money from these people or just for the sake of it have contracts or bind the incoming governors with contracts they cannot walk away from. Therefore, we should provide just like they do in national government a period where before the elections and just after handover, there cannot be signing of new contracts, except essential services that cannot wait for the assumption of the incoming governor. 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"
}