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{
    "id": 826730,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/826730/?format=api",
    "text_counter": 209,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "The amendment contained in Clause 11 of the Bill seeks to fill the existing gaps in law on what happens when a governor-elect dies or is incapacitated before he or she is sworn in. The other one is the county public service boards established under Section 57 of the Act. The principal role of that board includes establishment and abolition of offices in the respective counties. What happens? A governor loses an election and 65 per cent of people working in that county were his people. Then a new governor comes in and wants to send those people home and bring his people. Those are the issues that this law wants to deal with, in terms of making sure that the CPSB is transparent, independent and professional in how it deals with matters. They must be independent of the executive. Clauses 14, 16, 17, 18, 20 and 21 of the Bill seek to set out a framework to address the issue by ensuring that the appointment of persons serving in CPSBs is transparent and ensures that only qualified persons are appointed. Two, that the CPSB comprises of persons who have diverse skills and knowledge which is key in the establishment and abolition of offices. Right now it says “the following people will be members of the CPSB”, but this law is saying, no, you must have diverse people: an auditor, HR person and somebody with legal background so that, that board that oversees all the staff of the county has a lawyer who can give brief if it is sued. If a staff is sacked because of audit issues, they must have a board member with audit background. Thirdly, the CPSB must be able to carry out their functions independently and without external influence, independent of the executive, the governor and any other external influence. Lastly, the CPSB’s recruitment of persons who play key roles in its functioning must be fair, transparent and must ensure that competent persons are employed. The biggest problem we have in county governments is that, at times, people are not employed based on their competencies and qualifications. They are employed because they are relatives or friends of the governor or the county government. In some cases a fresh graduate is appointed by a county government at the same scale with a county commissioner. There is chaos. I do not think I will ask my son to go and work in a county government. There are even no offices. A county can have 7,000 staff and only 50 offices. A county will have 200 drivers and they have only 30 vehicles. It is serious. It is very chaotic. So, this law is trying to set up a more professional, independent and transparent CPSB. As I conclude, the gaps that are being addressed by this Bill emanate from either the ambiguity of constitutional provisions or lack of provisions on important matters such as a vacancy in the office of the deputy governor or the vacancy arising when a deputy governor has assumed the office of governor. A number of amendments seek to clarify certain ambiguities in this law or in other provisions. Other amendments seek to address the challenges faced in the service board and the need to have a competitive process of the county assembly. I want to thank the Senate. This Bill now tells us the function of the Senate. The rest of the other Bills I have seen here do not. This one is a true meaning of the constitutional function given to the Senate under Article 96. The Senate, ideally, is supposed to look at all the laws concerning devolution, look at gaps, deficiencies and bring legislation to fill those gaps. So, I The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}