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{
    "id": 782456,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/782456/?format=api",
    "text_counter": 323,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": ".: Thank you, Madam Temporary Speaker. I rise to support the County Governments (Amendment) Bill (Senate Bills No.11 of 2017) sponsored by the Senate Majority Leader. Although we have amended the County Governments Act several times, it has been a learning lesson, particularly, where there are gaps. For example, I have a Bill to resolve the question of dissolution of counties. Like in the case of Makueni County, the report was submitted to His Excellency the President. Although public funds were used, there are several lessons which would have benefitted the country if it had come to the Senate. So, we must agree that in the rush to have devolution, the County Governments Act left gaping holes everywhere on several issues. I will begin with something that I have some passion about, that is, the lacunas left in the law under Article 182 of the Constitution. This is on the filling of vacancies of deputy governor; where the governor assumes office – like in the case of Nairobi and Nyeri counties – and no specific provision is made in law for filling of that vacancy. Madam Temporary Speaker, the Supreme Court saved us the hustle of having to go through these motions. The Bill on impeachment proposed by the Committee on Justice, Legal Affairs and Human Rights and the Assumption of Office of the County Governor Bill by the great Senator of Kiambu County have similar provisions. It would be very nice if this Senate was to agree where we would place this amendment on filling of the vacancy of deputy governor. There is no mistake in law in having this law replicated as many times as possible, but it is a little untidy. It would be neater to agree as the Senate that, as a principle, we agree with the Supreme Court in its advisory opinion that a deputy governor can be appointed by the governor in the absence of a deputy governor and approved by the county assembly in the proposed new Section 32D without necessarily having it in so many other Acts of Parliament. My view is that it is in good order to have this seated in situ in the County Governments (Amendment) Bill. Although we are not allowed to criticize other arms of Government, I must say that the Supreme Court advisory opinion left me wondering, because instead of requesting Parliament to make changes to the law, they drafted these sections word for word, in the same way as in the Bill by Sen. Murkomen. That is shocking. They even picked the Bill and put it in the advisory opinion. It is amazing because the Supreme Court would have asked Parliament to look for a method or even propose one. This is because in the Advisory Opinion No.2 on division 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."
}