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{
    "id": 705642,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/705642/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "and things that should be tidied up and sent to regulations. I will be mentioning a couple of the sections. I think Members of County Assemblies (MCAs) should really appreciate that we are passing, at long last, a law that will give them a fund and money that can make them operate and not to be subservient and operate under the whims of county governors. The onus is upon them, as MCAs, to check county governors in the manner they are supposed to be doing as per the law. On specific provisions of this Bill, Clause 3 speaks to the objects and purposes of the Act. It provides and gives further the provisions of Article 232 of the Constitution. I think a provision like that is not adding any value to a particular law, because the provisions under Article 232 are good enough. But there is a good provision under Clause 4 of this Bill that says: “Every member of county assembly shall respect the non-partisan and apolitical character of the service and shall not seek to influence the employees of the service in the discharge of their functions I just spoke earlier that part of the problems we have had with the current county assemblies is the fact that half the employees of the boards did not come in in the proper manner, and the manner of their selection was wrought with undue procedures. Having a provision like we have under Clause 4(4) of this Bill is interesting. This is a good provision that I support. Clause 5(2) of this Bill is redundant and superfluous because it seeks to add onto Article 10 values. A good reading of Article 10 on values and Article 232 of the Constitution requires you to spread those values without adding anything else and then you have very good values that you can run any government on. Clause 6(2) of this Bill seeks to add things they are calling values and code of conduct. Being a member of the Committee on Delegated Legislation, I think the provisions of Clause 6(2)(a) of being patriotic and loyal to Kenya, conducting yourself with honesty, using the resources of the county conscientiously, respecting and observing the law of the land, and cooperating with all lawful agencies need to be observed. With due respect, those provisions should find themselves in regulations as opposed to being in the body of a law. Yes, it is true that these are the things we need to spell out, but that spelling out ought to be in the regulations as opposed to being in a law as important as this. Clause 7 of this Bill talks about the code of conduct provided here and the various provisions. I think some of those things are already stated, so that you have sections of the Bill that are really important. However, there are sections of the Bill that are superfluous given the fact that they have already been provided for elsewhere in the Bill and in the Constitution. If you look at the qualifications of the members of the board and the procedures, you will agree with all the qualifications that they have put there. But with regard to Clause 9(1)(c) of the Bill which says that a member should have, at least, 10 years’ experience in public affairs, I think that is not fair to the people of this country. There are young people who are very good and who may not have 10 years’ experience in managing public affairs. These people also qualify to be members of the board. Yes, it is good to put standards and qualifications, but there needs to be a melange of both young and old. Restrictive provisions in terms of age and experience ought not to be included. Clause 11 of this Bill is interesting as it gives the board powers, and I think that is a fairly good provision. But clause 11(2) speaks to the same thing that I was talking about. It is fairly repetitive because it still talks about Articles 10 232(1) of the Constitution. Yes, this Bill needs to be tidied up. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}