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{
    "id": 703362,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703362/?format=api",
    "text_counter": 189,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "That talks about the delegation. New Clause 13 says:- “Upon authorization of the suspension of a county government by the Senate in terms of 192(2) of the Constitution, the President shall, by notice in the Gazette, suspend the county government for a period not exceeding ninety days, or until the suspension is terminated earlier by the Senate in accordance with Article 92(4) of the Constitution.” This Bill provides for a full proof method so that we avoid the discretion which now lies with the President and cannot be checked in any manner. New Clause 14 says:- “Where the Commission does not recommend that suspension of the county government or where the President is not satisfied that justifiable grounds exist for suspension of a county government, the Senate may consider any other recommendations of the Commission not relating to whether or not the county government should be suspended and make a determination on the way forward with respect to those recommendations.” The Nyaoga Commission had 25 recommendations other than suspension of the Makueni Government. Those recommendations have gone to waste. Nobody knows what we were supposed to do. So, whilst everybody thinks and imagines that the calm and quiet in Makueni County Government has solved the problem, these things have just gone into another level of cold war. We have not solved the problems. The people of Makueni County do not know whether their pleas were heard and, therefore, the country was left hanging. No solution, waste of public funds, the report is lying somewhere either in the attorney-General’s or the President’s office and no way forward was given by the Senate. Yet, this was a tremendous opportunity for this Senate to pronounce itself on these disturbances in county governments. This should not happen again. While the Act provides that we can terminate a suspension, ask yourself, how were we supposed to terminate that suspension within 90 days, what was supposed to inform our decision, who was supposed to move the Motion, on what basis do we suspend and who do we ask? Yet, at that time, once you recommend a suspension, there is supposed to be an Interim County Board that is running the county. How do you navigate that? The New Clause 129(1) and (2) now provides for the termination of the suspension where a Member of the Senate will move by Motion. A notice will be given to the Speaker under sub-clause 3, a committee will be formed and it will report to the Senate within 10 days. In consideration, under sub-clause 5, the Senate shall invite presentations from the members of the public. We have invoked public participation. It is possible that at that time that we are lifting the suspension, you will have provided an opportunity to the members of that county to come to the Senate and make their presentations. In sub-clause 5, we have provided an opportunity for the Interim County Management Board that is sitting – in this case, it would have sat in Makueni County and assuming there was financial pilferage, stealing, wastage of funds and abuse of office – to come back to us through this process and make presentations. Very serious recommendations were made by the Nyaoga Commission. Two senior members of Makueni County had been found unfit to hold public office. This is in the report. That report is what would inform the decisions of the Senate. What do you do 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"
}