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"id": 781736,
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"type": "speech",
"speaker_name": "Hon. Oluoch",
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"legal_name": "Anthony Tom Oluoch",
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"content": "it should give an indication as to whether the Bill concerns county governments. It should also specifically say whether it will affect county governments adversely. In the Fourth Schedule of the Constitution, transport and roads fall within the metropolis; in this case, the Nairobi metropolis of Kiambu, Kajiado and the rest. Transport and road matters fall squarely under the Fourth Schedule and the county governments must be involved in the process. Secondly, Standing Order No. 117 (a) and (b) says that every Bill shall be accompanied by a memorandum containing a statement of the objects and reasons of the Bill, and a statement of delegation of legislative powers and limitation of fundamental rights and freedoms, if any. In order for those functions to be transferred from the Fourth Schedule, where they belong, to the county government, there must be an indication under Standing Order 118 that there has been a delegation and transfer. That is governed by Articles 187 and 189 of the Constitution as read together with Section 26 of the Intergovernmental Relations Act, 2012, which states that where there is a transfer or an agreement to transfer a function, there must be a legal instrument and a legal agreement that underpins that."
}