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{
    "id": 805012,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/805012/?format=api",
    "text_counter": 77,
    "type": "other",
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    "content": "we will create some ‘small’ Attorney-Generals across the 47 counties. Therefore, to ensure legal certainty and uniformity in implementation of these rules and regulations, we should make sure that we provide for that. I know that county assemblies have passed the law that creates county legal advisers and attorneys. That one has been cured through the transition clauses to ensure that we do not chase away the county attorneys, legal advisers and solicitors that we have in place at that level. Most counties have been struggling to ensure that their systems work. If there is any inconsistency, if this Bill becomes an Act of Parliament, it will supersede any other law. Mr. Speaker, Sir, under Clause 32 we have agreed that upon the coming into effect if this Act, members of staff employed by the county executive to perform functions of the office under this Act shall- (a) be deemed to be members if staff of the office on their respective capacities; (b) retain any rights accrued or accruing to them as such staff or contributors; and, (c) be at liberty to continue to contribute to any superannuation scheme to which they were contributors. Therefore, our County Public Service Board (CPSB) should ensure that there is a proper structure. This is not an opportunity for governors, who have a habit of suspending or removing anybody from office. Clause 32 is trying to give protection so that the governors do not have an opportunity or field day to remove officers who are now in those positions, courtesy of the legislations that we have across the counties. This is what we are trying to cure.We are aware that after the second generation of governors came into office, they went on a sacking spree across many counties in this country. Mr. Speaker, Sir, this law is needed and urgent, so that we allow devolution to be felt at the lowest possible level envisaged under Objects of Article 174 of the Constitution. We want to ensure that Kenyans feel the effects of devolution. We have seen public participation being done across the 47 counties. Some county governments do not understand what public participation is. Some of them imagine that it involves preparing a document and going somewhere, for example, Nandi Hills or Mosoriot, where I come from; making people sit for two hours or half a day and then buying them mkate and soda. That is not acceptable because people are just being told to endorse a document. When we have county attorneys, legal advisors and solicitors, it will be very easy to implement and ensure that we fall within the law. The county budgets will be prepared after the National Budget that is being read today by the Cabinet Secretary (CS) for the National Treasury. We should, therefore, ensure that we participate in processing and expediting this Bill to become an Act of Parliament, so that county assemblies can have an opportunity of allocating funds and make sure the office of the county attorney works. Mr. Speaker, Sir, I beg to move and call upon Sen. Mutula Kilonzo Jnr. to second."
}