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"speaker_name": "Sen. (Dr.) Machage",
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"content": "Thank you, Mr. Speaker, Sir. Sen. Wangari wants to know why the national Government is still recruiting for the county governments. According to the Committee’s observations, it is totally wrong and illegal. There was a gazette notice in accordance with the Constitution and the Transition Authority (TA). Through the Gazette Notice of No.116 of August 2013, health functions were transferred to the counties. Therefore, the counties took the responsibility to all that appertains to those functions. Further, provisions of Articles 6(42) and 189 of the Constitution create compulsory obligation for one level of government not to interfere with the other level in exercising these functions. In this regard, county governments enjoy human resource recruitments. As far as we are concerned, they enjoy that autonomy fully. Sen. Wetangula is very right. The Committee agrees with his sentiments. The national Government is carrying out an illegality by deploying health personnel to county governments. They are not supposed to do that according to the Constitution. Sen. (Dr.) Khalwale talked about the Government not honouring the policy of devolution. Yes, they are dishonouring it. They should read the Constitution and honour it to the letter. I may not be able to comment on what Sen. Mutula Kilonzo Jnr. raised because the Health Bill is not yet law. If you remember, we amended it here and it was sent back for further negotiations. It is not yet law. Therefore, it is not binding. I am not in a position to answer Sen. Sijeny’s concerns."
}