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{
    "id": 789493,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789493/?format=api",
    "text_counter": 130,
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    "speaker_name": "",
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    "content": "Madam Temporary Speaker, shortly thereafter, the County Assembly of Murang’a impeached Governor Mwangi Wa Iria on the same grounds of the budget. The County Assembly of Nyeri proceeded to impeach Governor Gachagua at the time. Again, most of it was on the basis of the same problems that were at Makueni County. Madam Temporary Speaker, my colleague, Sen. Irungu Kang’ata has now proposed a Bill on ward equalization which is attempting to ensure that the development budget of every county is spread out equally amongst all wards. The mischief in the Bill is that governors are exercising some discretion which they do not have in developing wards which they like or do not like, to the extent that although there is the process of collecting views on budget making, the development budget, County Integrated Development Plan (CIPD), eventually, when this is translated into the CIPD or the County Strategy Paper Annual Development Plan, it has emerged that governors are exercising discretion. These same problems over which the Nyaoga Commission identified and even proposed legislation are now back to the Senate. Through the guidance of this senior lawyer, Mr. Mohamed Nyaoga, who was the chairman, those proposals were made. Therefore, the intention that I have made in amending the law in the County Governments Act, should this issue arise again. We cannot say that it will not arise whether in this or another session. The provision to suspend a county government is in the law. Unless we amend the Constitution to remove it entirely, it is already in the law. So, it is in our best interest to try and find a method of dealing with the issues that come to the Senate. There is a further mischief, Madam Temporary Speaker. The law requires, under Article 192(4) of the Constitution, that where a suspension is proposed by the Commission like the one that was led Mr. Mohamed Nyaoga, the Senate may at any time terminate the suspension. There is no parameter in law and in the County Governments Act to explain how the Senate can terminate the suspension, why the Senate can terminate the suspension, and how it will do it. Madam Temporary Speaker, I have proposed amendments to find an entire method when do we receive the report, who sits in the Committee; what does the Committee do to return to the Senate; and how do we suspend the suspension. We have even proposed that in the case of a suspension of a county government, this Senate, through its Committee on Devolution and Intergovernmental Relations or any other Committee, can reconcile the two warring factions –that is the county assembly and the county government. We can provide a mediation process so that the suspension is clear. Madam Temporary Speaker, Clause 2 of the Bill proposes to add Clause 7 which is; that the Commission shall inquire into the matters before the expiry of three months and submit recommendations to the President. In new subsection 8, it states:- “Where the Commission does not recommend the suspension of a county government, the President shall, within seven days of receipt of the report of the Commission under subsection (7) submit to the Speaker of the Senate- (a) the report and the recommendations of the Commission; and (b) the petition for suspension of the county government.” 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."
}