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{
    "id": 703364,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/703364/?format=api",
    "text_counter": 191,
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    "content": "when a commission like that makes such a serious finding about elected officials who should not hold public office for having violated Chapter 6 of the Constitution in their work? Clause 6 provides for a Motion; how it is to be tabled and who will table it. Under (7)(4)is the process. “Upon termination of the suspension of the county government – the Interim County Management Board appointed under Section 126 shall stand dissolved.” Again, that was not provided for – a legal lacuna that would have given us a crisis had the President submitted the report to us. That is the only good part about the report not coming to us because we did not have a process. In (b), it says:- “the governor, the deputy governor, Members of the County Executive Committee (CEC), the speaker and Members of the County Assembly shall resume their functions ---” In the previous regime, it says that on suspension, you go home and you will be on half pay. That is it. It does not say anything else. Therefore, that is the reason that we have provided for this. The ideal situation, of course, is that you never get into a position like the one Makueni County went through. It should not happen that MCAs are pitted against one another by competing forces in the same county, people fighting; a quarrel that has no good results ensues because that was an internal rift as opposed to suspension of a county because of the external aggression. The county was suspended because of internal rifts and that is something that should not even be contemplated in law. However, since we have contemplated and given the rights to citizens to exercise their will under Article 1, we must give them that same right to send their county government parking if they cannot fulfill their mandate. That is there. Mr. Temporary Speaker, Sir, it is a bad position but since the public can recall their Senators and the Members of the National Assembly, similarly we must provide for that. It is an untidy situation because I do not like any county to undergo the suffering that I witnessed in Makueni County as a result of the tug of war between the County Assembly and the County of Government of Makueni. Therefore, this Bill will provide a formula. Although we have not provided for a retrospective action of this Bill, I would like the Senate through the Office of the Speaker to find a way for that report to be tabled in the Senate so that one of the Committees - either the Committee on Devolution or the Committee on Implementation or a conglomeration of the two committees which can legislate these issues. We are holding elections soon and we have not put in place an arbitration method between a county executive and the county assembly when there is a dispute. Since we have not provided for a formula of the election of a county assembly speaker, going by what I have seen, it is possible that we may elect mafias as speakers. As it is, there is no process. The members of the county assembly sit in a room and determine who they will elect. So, we have another figurehead not elected by the people sitting at the high echelons of leadership in the counties. Mr. Temporary Speaker, Sir, it is an untidy situation. We have not amended the law on the qualifications and how they will be appointed. They are direct nominees of the County Assembly Members. In one case, we invited a speaker and he put his legs on the 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"
}