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{
    "id": 789495,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789495/?format=api",
    "text_counter": 132,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "In new subsection 9, it states:- “Where the Commission recommends the suspension of the 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- This is the portion that is of great importance Where the suspension is provided, the President shall submit a memorandum stating--- In the case of Makueni County, there is no parameter under Article 192 of the Constitution as to the satisfaction of the President. Article 192 (2) of the Constitution reads:- “A county government shall not be suspended under Clause (1) (b) unless the independent commission of inquiry has investigated the allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorised the suspension.” Madam Temporary Speaker, the contradiction in law is that the petition that forms the Commission is approved by the President. The grounds of suspension are contained in the petition. When the Commission approves the suspension, the President is given yet another role of satisfying himself about the suspension if approved. It provides a contradiction to the extent he has become a jury to himself without proving or showing to what extent he is satisfied. So, the proposal under new subsection (9) is that a memorandum stating whether or not the President is satisfied that justifiable grounds exist for suspension, the report and the petition, we have added that the President will submit a memorandum to the Senate where the recommendations for suspension are done. In new subsection 10, it states:- “Where the President in the memorandum under subsection (9) (a), is satisfied that justifiable grounds exist for suspension of a county government, the Speaker of the Senate shall refer the documents received under subsection (9) to the relevant committee of the Senate for consideration.” So, a committee is then formed. In new subsection (11), the committee reports within ten days. This is the similar period like the one for impeachment of governor. In new subsection (12), the authorisation by the Senate under subsection (11) shall be by a resolution under Article 123 of the Constitution which is 24 signatures. In new subsection 13, upon authorisation of the suspension by the President, the county government shall stand suspended for not more than 90 days. Madam Temporary Speaker, in Makueni County, we came very close to an election of a governor, deputy governor and everybody else. Whether the process was political or not, that process ended with an anti-climax. Other than what was happening in Makueni County, and what went to the President, nobody was able to interrogate that process yet it spent taxpayers’ money. Therefore in new subsections (13) and (14), the process of submitting that documentation is now provided for in a clear method. In new subsection (14), where the Commission does not recommend a suspension or where the President is not satisfied on grounds existing for suspension, the Senate may 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."
}