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{
    "id": 815012,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/815012/?format=api",
    "text_counter": 157,
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    "content": "We have given counties the authority to run their own agricultural affairs and now we are saying that we cannot start even a small scheme of 100 acres without a license from a CS who is based in Nairobi. In addition, that CS is the one to monitor that. In fact, the Bill says that we must have parallel systems. The Authority will have offices up to the sub-county level. This is a county government function and we are putting some parallel systems which will just cause conflicts. This is because county governments will want to do their own things and we have staff up to the sub-county level. So, the Bill, as it is, is not in the interest of devolution. It actually denies Kenyans, in a very critical sector, what they wanted to do for themselves. The Constitution talks of public participation. We have to make decisions and implement them at the county level. However, when you take an important sector like food production and create an Authority composed of ten members as proposed by the Bill, majority of who are from the national Government--- Two of them will be proposed by the Council of Governors (CoG). They will be proposed to the CS and approved by the President. That is not a representative of the county governments. It is still a national Government individual. If it is your own representative, there should be no other roadblocks again. It should be the county governments proposing that person directly to sit in that board without going through any other vetting or approval. Now, the CoG just submits the name to the CS and, of course, by nature, you will not submit two names. Otherwise, that CS will just be a conveyor belt. Four or five names will have to be submitted and the CS will choose the ones he or she wants. So, it will be a national Government representative. County government, who are actually responsible for food production because agriculture is a county government function, will not have any credible representative or somebody they have trusted to put in that board. Even whatever CoG proposes has to go through the CS and then the President approves. So, it cannot be a county government representative. Mr. Temporary Speaker, Sir, this Bill is not in the interest of devolution. We cannot tell county governments that this is their responsibility and say that nothing happens in this irrigation sector, except according to this Act which gives powers to a board and a CS. The worst is Part IV which talks about the functions of county government in this Bill or matters irrigation. Clause 14(1) says- “Each county government may within its area of jurisdiction, establish a county irrigation development unit for the better carrying out of an irrigation function delegated by the Cabinet Secretary as may be prescribed in the Regulations.” This is the county government's irrigation mandate in accordance with Part 2 of the Fourth Schedule of the Constitution. We are already legislating for the county government on how to run its functions. I remember when we were doing public participation for the Roads Bill, in the last Parliament, there was the issue of the Conditional Roads Maintenance Fund, which is strictly under the Kenya Roads Board Act for the Roads Maintenance Levy. It was proposed that county governments should have a unit within the infrastructure department for roads maintenance. That is something which is natural, because you 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."
}