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{
    "id": 805080,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/805080/?format=api",
    "text_counter": 145,
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    "content": "Mr. Temporary Speaker, Sir, it will definitely cut down our legal costs of litigation in the counties because these attorneys will be employed full time. Even though this Bill suggests the possibility of having a consultant, I have heard other Members argue that maybe it is not a very good idea. But in cases where there really is just a need for a consultant, I think there should also be capping in terms of the amount of money that, that consultant should be paid. So, we could have a lower cap and an upper cap to ensure that this particular clause is not exploited. Some of the issues that happened in Makueni County, which was almost dissolved, would not have happened if we had had such a Bill in place because I think certain legal matters at that time seemed to have been missing. The members of the county would have been advised. This Bill not only gives the provisions for the County Attorney, but also for the County Solicitor, County Legal Counsel and other officers who will perform. So, it is an all-inclusive Bill that has all these other provisions that are very key. In Clause 5, the County Attorney shall be appointed by the governor with the approval of the county assembly. That is important because that makes it a rigorous process. This person who is appointed will have seven years experience; I think that is a good figure. Seven years is better than the five years I have been seeing in the other Bills. There are chances that this person probably has no experience because everybody will be trying to give different ideas and versions. It is important that they are quite grounded in their legal training so that they know what is going on. Mr. Temporary Speaker, Sir, there is also a code of conduct in the Second Schedule. This is to ensure that apart from the qualifications, this person is able to do the job properly. I have heard other Senators who presented before me say that this can be removed because it is part of what is essentially already entrenched in Cap. 6 of the Constitution. I think it is very key and detailed. They have up to almost 16 provisions including 15 which is a conflict of interest that needs to be declared that is usually the beginning of impropriety. The County Attorney’s roles are classified in Clause 6 very clearly:- (a) shall be the principal legal advisor to the county executive; (b) shall also attend the meetings of the county executive as an ex-officio member of the executive committee; (d) shall advise departments in the county executive on legislative and other legal matters; (f) shall be responsible for the revision of the county laws. That clarity of what is expected is very key. 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."
}