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"content": "Mr. Speaker, Sir, Section 43 of the County Governments Act as drafted today – and that is the reason we came up with this legislation as the Committee on Justice, Legal Affairs and Human Rights in the last Senate - provides that the Attorney General of Kenya may offer legal services to counties. However, the correct position is that the former Attorney General, Prof. Githu Muigai, never offered any service. In fact, we disputed half of his opinions. The opinions that he gave to counties were all, I say without hesitation, legally questionable. He is the same one who said that counties are allowed to withdraw 50 per cent of their budgets before the County Assembly passes the budget through the Controller of Budget. Mr. Speaker, Sir, the idea behind this Bill without even getting into the details is to ensure that the county assemblies are advised. I mentioned yesterday that the County Assembly of Taita-Taveta in an attempt to deal with the question of rape drafted a Castration Bill. If this County Assembly was properly advised, they would not come up with such a legislation. If the County Government of Kisii had a legal advisor, they would not draft a Motion to exclude nominated Members of County Assembly (MCAs). If the County of Kericho had a good County Attorney, they would have advised Gov. (Prof.) Chepkwony at the time when we were impeaching him. At that time, he made an attempt to get into a Public-Private Partnership (PPP) that would go beyond his term of about Kshs3 billion. He would have been advised that they did not have regulations covering PPPs and county governments. Some counties are borrowing funds and getting into contracts with international donors. If we had a competent counsel, governors would not do so. Opinions to governors and county assemblies are being charged top dollar. You heard this morning that arbitrators are charging Kshs25,000 to Kshs40,000 an hour. I charge more. However, that is not the point."
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