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{
    "id": 781737,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/781737/?format=api",
    "text_counter": 254,
    "type": "speech",
    "speaker_name": "Hon. Oluoch",
    "speaker_title": "",
    "speaker": {
        "id": 13425,
        "legal_name": "Anthony Tom Oluoch",
        "slug": "anthony-tom-oluoch-2"
    },
    "content": "I have in my procession a Memorandum of Understanding that was signed on 21st October, 2012, and which is also the subject of the matter that is before court. It was signed by Eng. Kamau, the then Governor of Nairobi, Dr. Evans Kidero; the then governor of Kiambu, Hon. William Kabogo; the then governor of Kajiado, David Nkedianye; the then Governor of Murang’a, Hon. Wa Iria, and Dr. Alfred Mutua. Clause 1(2) is very crucial for me here. It says that the parties will negotiate in good faith, formal instruments or agreements with each other and unless and until the final agreement is approved and executed by the parties, this MoU is not intended to and shall not create legal obligations. So, two gazette notices emanated from MoU which was an intention to create an agreement. That is my second last point. The last point is that the legal instrument - which is the State Corporations Act - where now this Authority is intended to be anchored, will not create a joint venture, which is what is intended when the transfer of one function or collaboration between two levels of government on the performance of a particular function is actualised. This is sought to be created under the State Corporations Act, which essentially would make a government act. Then you look at Articles 174 and 175 of the Constitution. County governments exist to make money. We have just gone through the Division of Revenue Bill here and people have impugned county governments for not being able to generate revenue. We are now creating an Authority whose effect will be to cripple the ability of this very county to generate monies without following the relevant provisions of the Constitution. So, it is based on this that I wish to humbly request that a ruling be rendered as to whether this matter can continue to be debated in terms of Standing Order 89; and, secondly, as to whether this Bill breaches the provisions of the Constitution and the relevant statutes in terms of Standing Order 118. Hon. Temporary Deputy Speaker, I thank you for your time, and I beg that a ruling and decision be given in terms of Standing Order 83."
}