{"id":805087,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/805087/?format=json","text_counter":152,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"Bill will bring some sense of sanity in terms of drafting and passing quality laws within the counties. Madam Temporary Speaker, the other issue is the cost. I am a lawyer by profession and know that we have a Remuneration Order when charging for our services. However, when you look at the bills that we have within the counties for lawyers, they are very high. I do not advocate that they do not send their matters to lawyers, because those lawyers are also there to do their work. However, if we had an attorney or a legal office within the county, they would determine which cases need external lawyers and which ones can be handled by the attorneys themselves; the in-house lawyers. For me, this will cut down the cost of legal services that are provided to the counties assemblies, as much they will still need external lawyers. The county attorneys will also initiate the suits themselves. If we have a unit that is able to defend the county assemblies, then they can initiate what they think is a law that can defend the interest of the assembly. They can sue and act on behalf of the assemblies. Therefore, they do not have to outsource everything; the internal unit within the legal department can actually defend. The counties also need legal guidance with regard to the contracts and memoranda of understanding they enter into. They need to draft their contracts in a manner that does not compromise their interests. They need people to review and look at the regulations that they pass. After passing the laws they need to pass regulations. Who helps them to come up with those regulations? Who helps the executive arm to come up with regulations? The review of contracts and advice on contracts and memoranda of understanding require a legal unit within the county. Mr. Temporary Speaker, if you look at Clause 6, it provides for a county attorney to sit in the county executive. That will help them to give them guidance even as they do their work. At the national level we have the Attorney General and an office that helps them with legal advice. If we have the county attorneys sitting in the meetings of the executive, then of course, we will expect that they do the right thing within the law. Some counties have been taken to court for violating labour laws and regulations that govern employment and even cover procurement. Right now in this country we have an outcry over violation of procurement laws. We even thought there would be a standstill in the procurement departments because of the directive that was given requiring all heads of procurement to step aside to allow for investigations. Yesterday, none other than the President issued a directive that all tenders and awards should be published. We can arrest this kind of a situation when it comes to the county assemblies if we have an office of the attorneys. They will guide the procurement officers on the procurement laws and how not to violate them. There are times when our county assemblies have overstepped their mandate. A legal mind would guide them not to overstep their mandate or act ultra vires. They would ensure that they serve the interest of the citizens. From the records and practices that we have, some of the county assemblies already have county attorneys. However, under which system have they been employed? What is their security of tenure? Which law allows them to have a unit and how do they operate without a law? This Bill will help--- 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."}