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{
    "id": 813790,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/813790/?format=api",
    "text_counter": 77,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "The issue raised by Sen. Lelegwe is serious. I have had the benefit of looking at the Gazette Notice. Even when you determine this issue, I am concerned that the County Government of Samburu has attempted to take remedial actions because they have now advertised for public participation. However, the Gazette Notice that grants Maralal as a municipality is in place and was done on 17th May, 2018. So, in 60 days, if you commit this Petition to whichever committee, I am afraid that the County Government of Samburu is going to circumvent the law by attempting to justify a wrong after the fact. I thought, maybe, a resolution to declare that that Gazette Notice was done without public participation would help. In fact, by virtue of the section read by the Senate Minority Leader, Sen. Orengo, there should be a charter that would dictate the issues that Sen. Lelegwe is complaining about. In Makueni County, we have something called ‘The Wote Charter,” which I can share with you. It is a charter that would tell you the extent of the municipality; the size of the land that would be affected and the rates. Mr. Speaker, Sir, as I support this, I am concerned that there would be a problem if this is not addressed immediately. After 60 days, the Governor will come and say, “I have done my public participation.” Remember, the Governor of Kericho County, Hon. (Prof.) Chepkwony, was impeached on an issue like this one. What is even more serious is that the law requires the county assembly to pass a resolution. If the County Assembly of Samburu passed a resolution and the Governor gazetted, there was no public participation. Under the Standing Orders, we would be faced with a challenge that we would have to question the proceedings of the County Assembly of Samburu, hence leading to a crisis. Therefore, Mr. Speaker, Sir, I request that you give directions to address these concerns: Our Standing orders forbid us from questioning the proceedings of an assembly. Secondly, did the County Assembly of Samburu consider this issue? Is the Petition the right route to pursue because there is already a gazette notice? Thirdly, there is already what is perceived to be a public participation. I have seen the notice by Sen. Lelegwe of a public participation that is going to be done in the next one week. So, do we send our committee to go and do a public hearing while they are doing public participation? Do we move a resolution to say that the County Government of Samburu should degazette the Municipality of Maralal quickly? We need some solution. My concern is that knowing how our committees are operating and the concerns we have, the fact that we have too many committees running and we are going on recess, the Petition by Sen. Lelegwe would become academic if you do not take some action that is immediate and faster than the period prescribed under the Standing Orders. Lastly, we have the Kenya Urban Support Programme (KUSP) that is coming under the conditional grants. Is it an opportunity to speak to the county assemblies as to how they can tap into the potential and the money that this Senate has provided through KUSP? What they are doing is plainly wrong and Sen. Orengo has pointed to it. It appears that they would do academic things and it would violate what we intended to do. 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."
}