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{
    "id": 703356,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703356/?format=api",
    "text_counter": 183,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "of undergoing the process contemplated under Article 192. The President in his wisdom declined to suspend Makueni County, although the Commission of Inquiry was of the view, based on the findings that they made and save for the dissenting opinion of my good learned friend, Mr. Taib Ali Taib, that Makueni County Government should be suspended. I sought that the report that was generated by the Commission of Inquiry, famously known as the Nyaoga Report, be tabled in the Senate and the Speaker issued a ruling that the report issued by the Commission of Inquiry to suspend the County Government of Makueni be tabled in the Senate for discussion. That Report to date has never seen the light of day. What then is the result? The result is that there are several findings that I am aware of, which would have helped Makueni County or other counties in the process of termination. That Report and the Commission, which spent a lot of public funds, has been put in the usual shelves of Government museums for reports of this nature. That is unfortunate because in my view, some of the recommendations, which I have read, would have helped Makueni County and other counties to develop legislation to avoid what we saw in Makueni. Mr. Temporary Speaker, Sir, I shared a copy of the Report with Sen. Kagwe. The impeachment of Governor Nderitu Gachagua was in some instances, from what we now know, propelled or precipitated by a dispute on the budget. The governor had refused to sign the budget that was proposed by the county assembly because the county assembly had allocated itself funds where it should not have, particularly in wards. This is the same case that precipitated the dispute in Makueni County. There was a disagreement on the budget that degenerated into a dispute and a shooting incident. It was unfortunate because I was present. Thereafter, there was a paralysis of the whole county. I must say on the Floor of the Senate that Mr. Nyaoga found as a fact that this Petition was propelled by the County Government of Makueni, and it made recommendations on it. It also found as a fact that there was an offence committed by the storming of that assembly and in the manner that was done, and proposed amendments. I am happy that the Bill proposed by the Committee on Legal Affairs and Human Rights on the assembly and the protection of the precincts of the assembly has been signed into law. If that Act was in place in Makueni, several people would have been charged with a criminal offence. It is like storming the precincts of Parliament. That is what happened in Makueni and it resulted in bad things. Mr. Temporary Speaker, Sir, in that Report, there is something that I had done as a Senator, in an attempt to create harmony. There are solutions on how county governments and county assemblies can resolve their disputes. In the Committee Chaired by Sen. Murkomen, we proposed an intra-dispute mechanism. Nobody contemplated that we would have a dispute between a county assembly and county government. We only contemplated a dispute between the national Government and the county governments. We have seen time and again that the county assemblies have wrongly used their powers to impeach the governors, so that they can get their way. Governors have also wrongly used their veto power to pass laws, which they think, in their own view, should be passed. A case in point is the Kiambu County Assembly and the County Government of Kiambu, where the governor used his veto powers to pass a law which the county assembly did not agree with. 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"
}