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{
    "id": 703360,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703360/?format=api",
    "text_counter": 187,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "The idea that the President can appoint a commission of seven people who then go to a county like they did in Makueni; spent six months or more and then report back to the President, who on his own motion, without consulting anybody or the advice of the Attorney-General, refuses and does not give any reason is a serious issue. The only reason that we are doing so in legal terms is to provide a similar case like the one where the President refuses to assent to a Bill, he is required to provide reasons. I do not think that there is anything beyond the ordinary or the jurisdiction of the exercise of presidential power to say that I am satisfied that this county should be suspended for one, two and three reasons. I will explain once I go down to lifting or retaining of the suspension by the Senate. Under the New Clause 10, the existing clause reads as follows:- “Upon approval by the Senate, the President shall by notice in the Kenya Gazette, suspend the county government for a period not exceeding 90 days or until the suspension is terminated earlier than the Senate in accordance with Article 192(4) of the Constitution.” This provides two things. One is that there is a process of the suspension of a county within given period. There is also another process for the lifting of the suspension by the Senate. However, there is no provision both in the Constitution and in the County Governments Act that provides for the process. In fact, our Standing Orders upon signing of this Bill into law will have to change because there is no process provided in the Standing Orders of the Senate or the County Governments Act as to how you will lift a suspension, if at all it can be done. Therefore, my attempt to amend this clause was to seal that loophole. Had the President then sent the report to this Senate, we would have been stuck. This is because what were we supposed to do had we disagreed or in the process of the 90 days thought that we should lift the suspension. Therefore, the new sub- clause (10) will read:- “Where the President, in the memorandum submitted under sub-section (9)(a), is satisfied that justifiable grounds exist for the suspension of a county government, the Speaker of the Senate shall refer the documents received under sub-section (9) to the relevant Committee of the Senate for consideration.” Again, we are providing for a method where one of the committees, either sessional or standing committee – in my mind I thought of the Committee on Devolved Government – would tackle this matter on behalf of the Senate as opposed to having a plenary of the Senate, so that they can interrogate the matter before we make a decision. Again, it is the same way where we have an impeachment. We have two options; either to go to plenary or provide for a special committee. It is the same process. So, we are not re- inventing the wheel on this one. I have provided for a new sub-clause:- “The Committee shall within fourteen days of receipt of the documents under sub- section (10), consider the documents and make its recommendations to the Senate on whether or not the Senate should authorise the suspension of the county government.” Again, it is a process. Clause 12 says:- “An authorization by the Senate under sub-section (11) shall be by a resolution adopted in accordance with the provisions of Articles 122 and 123 of the Constitution.” 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"
}