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{
    "id": 805108,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/805108/?format=api",
    "text_counter": 173,
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    "speaker": null,
    "content": "Therefore, it should be expressly written and provided that the summons should be in writing. If it is verbally, then let those powers be. Mr. Temporary Speaker, Sir, Clause 8(2)(a) says:- “In the exercise of the powers of the County Attorney under subsection (1), the County Attorney shall – (a) Notify any other court or administrative body of the intention to be enjoined in the suit, inquiry or administrative proceedings.” This is important because if at a particular point either a CEC member has been sued for work that they have done in the line of duty, it is important the county attorney be given a line of entry and a position where they may be able to seek, get the attention of the court and provide the necessary legal services. Therefore, starving what we continue to see, is this wanton spendthrift nature of our county governments, where they want to hire legal services at any given point and where the fees – we have been told by lawyers who have spoken before us – vary. This is extremely important, and I agree with the wisdom of the Committee that has thought this through. In terms of issues on compliance, the county attorney is also expected to comply with directions of the court and this is important. We have found county governments that continue disrespecting court orders, orders of environmental tribunals and things of that nature. With the coming into effect of the county attorney, I want to believe that this being a properly schooled advocate of the High Court, when they see such directions, they shall live up to the oath of office and respect such advice or compliance that is needed of them. I also find it crucial that under Clause 8(3), the County Attorney shall have a right of audience. This is important because of the many occasions where county governments have been sued and county attorneys– for those counties that have these offices – have sought to be enjoined, they have been asked to consider on what basis or grounds they are seeking the court to grant them an audience. However, with the coming into effect of such provisions, you will now be given a basis as the county attorney, you can quote that these are the provisions of an Act of Parliament that directs me as a county attorney to always be given audience. They will not be pleading. It will be a direct guarantee that each and every time a county government is sued, the county attorney is given notice of the same and gives attention to the pleadings that are being made before the court on behalf of the county government and its residents. Mr. Temporary Speaker, Sir, Clause 11 speaks to the nature of the conflict of interest where the county attorney is not expected to participate in any other gainful employment within the county government that may result in conflict of interest. This is extremely important because, as a country, we are determined to fight corruption. Therefore, even in our legislation, it is good to see that we are becoming express and descriptive to a point that we are saying that once a person is appointed as a county attorney, they should forget doing any other legal work in the county. I find that to be extremely important. Moving on, Clause 15 states that:- 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."
}