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    "content": "how people should be respond and the next action-legal or quasi-judicial, in the event that they fail. It is important that we make this distinction clear. Otherwise, it remains to be a point of contention all along and throughout this period of time. Madam Temporary Speaker, I am grateful and happy that you managed to sneak this in and put it as substantive element of this Bill. That he or she will be substantive and have the same status and rank of the County Executive Committee. Otherwise, he or she will never have a point of reference when trying to advise the governor on what he or she should do. I have noticed over a period of time a number of issues when I was in the Cabinet. Sometimes in the Cabinet meetings, we used to discuss issues and before we arrive at a conclusion we always sought the opinion of the Attorney-General. This is because he would look at it from a legal perspective. We may have been looking at it from a political perspective and how we would achieve the means of politics in terms of goods and services that we wanted to offer the population we were serving. The legal framework would help us to achieve the same objective if it is put in the context of how it must be handled and implemented within the realms of that county assembly. Not all the time the laws may be together. One of the things that we have not done properly and is giving us a lot of difficulties is the assets and liabilities that were inherited from the defunct county councils. There is a lot of lacuna in that element of transfer of services. Even with the Intergovernmental Technical Relations Committee (ITRC) which is currently in force, there are a lot of missing links in terms of assets in millions and billions of shillings that the defunct county councils were supposed to hand over to the county governments that are unaccounted for. These are the ones that are finding their way through corruption. We need to be careful. This afternoon we have visited one of the schools where we had a big problem in Ruaraka. When you listen to the story going on there, you see the board reading the City Council of Nairobi. However, the happenings are completely different. In order to safeguard the county governments from litigations of such nature, it is important that the County Attorney is put in place to carry out this responsibility without any hindrance. I support the earlier speakers that the Senate plays an oversight role. You require the County Attorney to send the annual reports to both the governor and county assembly. The Senator is left in limbo yet he or she is supposed to oversee this element. I hope Sen. Cherargei, who is the Chairperson of the Justice, Legal Affairs and Human Rights Committee, will look again at Clause 29 of this Bill and see how best we can innovate it to serve the interests of the public. I am quite satisfied that the Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms that we have taken so long to win. I am also quite satisfied that this office will be instrumental to the functioning of the county governments and do away with the current lacuna with regards to legal representation of county executives. I hope that our learning institutions and legal schools where Sen. Murkomen went through will include in their curriculum part of the elements of governance structures within the county governments. We hope this will be one of the topics to be taught. We do not have to start struggling that he or she should have seven or ten years’ experience. Once they emanate from these universities with proper legal teaching and training, they 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."
}