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"content": "(Sen. (Prof.) Kindiki): Thank you, Sen. Abshiro. Hon. Senators, as I have indicated, this debate raises important legal issues that touch on the heart of devolution and the relationship between citizens and Government. In this particular matter, the County Government of Samburu has declared Maralal a municipality with the support of the County Assembly, but without the participation of the public as anticipated in Article 10 of the Constitution. This in itself presents a serious obstacle to democracy and the realization of the ideals of our Constitution. Many of the Senators have spoken quite elaborately on the legal imperatives that have not been adhered to. I have also looked at this Petition and observed that some of the issues the petitioners are raising are weighty, including but not limited to, the fact that when this declaration by the County Government takes effect, the by-laws and regulations that are likely to ensue will affect residents significantly. Secondly, there is likely to be takeover and/or occupation of the adjacent group ranches without consent. Thirdly, the property of residents will be subject to taxes and/or controls despite the absence of consent and/or approval through public participation, which is mandatory. Therefore, pursuant to Standing Order No. 226(1), I commit this Petition to the Standing Committee on Justice, Legal Affairs and Human Rights. In so doing, I am also guided by the facts that have been presented before this House, namely, that there is urgency of this matter and certain acts are happening, even as we speak, retroactively to try and validate this action. Therefore, in terms of Standing Order No. 226(2), the Committee is required in not more than 60 days from the time of reading the prayer, to respond to the petitioner. However, it can take a shorter time – and I will direct shortly - 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."
}