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{
    "id": 805144,
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    "content": "go to the Supreme Court, it made a decision and it is binding on all organs of State and institutions, in so far as the process of legislation is concerned. That case has not been varied or reviewed; it is still the law of the land. I believe that if we continue to have unnecessary fights between the two Houses, then we will be not serving the people. Madam Temporary Speaker, representation of the people and setting out of the institutions of the legislature comes in one chapter, just like the courts. Some harmony and synergy is created through this architecture that is adapted by the Constitution. Having said that, I hope we will not continue to whine about this issue. There must be a moment when we have to cross the Rubicon and face the dragon, demon or whatever the animal is. On the Bill, it is important to create the Office of the County Attorney. In law, including the Constitution and the County Governments Act, it is quite clear that the functions of the devolved units require consideration of the law all the time. The institutions of the counties must be advised on the law of the land all the time. Just imagine a situation where we do not have the Office of the Attorney-General, and every time there needs to be a decision, the national Government has to run to lawyers who are in private practise. In fact, at the national level it is so important that the Attorney- General sits in the Cabinet, so that he or she is available, at the highest level, to advise the national Government on matters to do with the law. The law is not just a statutory law or the Constitution; there are matters that involve application of the law in contracts and treaties that the counties may enter into in accordance with the law and the Constitution. In fact, in application of financial regulations, the law of the land generally is - and the National Treasury is often advised - that on any matter concerning the law they must always consult with the office of the Attorney-General, just like many of the institutions of the Government. Even when there are in-house lawyers in Government departments, there is always a final word from the Office of the Attorney-General. This practice need to be replicated and devolved at the county level. This is not only good for good governance, but also for purposes of ensuring that the resources we send to the counties are not spent on matters which can be done by in-house lawyers, but who have got specific functions such as those spelt out in the County Attorneys Bill. Madam Temporary Speaker, I would agree with the Senate Majority Leader and we are practitioners of law, but it is true that sometimes no private institution would be prepared to pay the kind of fees that public institutions pay to lawyers. They are only paid through public institutions. In fact, I am afraid to say that some of the lawyers’ fees sometimes are loaded, so that the beneficiaries are not just the lawyers. A lawyer with integrity, most often, will not be given some of these briefs because they will not share some of the fees which are paid to lawyers. If you look at the audits that have been carried out, you will see that a lot of money was paid to lawyers. I think I have done some of the most complicated cases in this country and I cannot imagine that I could charge obscene fees that I have seen very junior counsels being paid, including those that have been done by the County Government of Nairobi. In the counties, this is one of the areas where money is paid. In order to seal the loophole, I think this Office is important. At some point, we must have some kind of 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."
}