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{
    "id": 843873,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/843873/?format=api",
    "text_counter": 168,
    "type": "speech",
    "speaker_name": "Sen. Dullo",
    "speaker_title": "",
    "speaker": {
        "id": 13125,
        "legal_name": "Dullo Fatuma Adan",
        "slug": "dullo-fatuma-adan"
    },
    "content": "Madam Temporary Speaker, pursuant to Standing Order No.47(1), I wish to make a statement on the oversight role of the Senate or Senators vis-à-vis county governments. I wish to state the following:- (1) The guiding principles and objects of devolution as enshrined in Articles 174 and 175 of the Constitution of Kenya, 2010, include, inter alia: promoting democratic and accountable exercise of power; giving the power of self-governance to the people; promoting socio-economic development; promoting decentralization of services; enhancing checks and balances and separation of powers; democratic principles; separation of powers; reliable revenue sources; and, effective service delivery. (2) The mandate of the Senate (exercised by Senators) as provided under Article 96 of the Constitution of Kenya, 2010, is to represent and protect the interests of the counties and their governments and to exercise oversight over national revenue allocated to the county governments. (3) The County Assembly is mandated, under Article 185 of the Constitution of Kenya, 2010, to exercise oversight over the County Executive Committee and any other county executive organs. (4) The County Executive Committee is entrusted under Articles 179, 183 and 186 of the Constitution of Kenya, 2010, with the exercise of the executive authority of the county. (5) The County Executive Committee is obligated under Article 183(3) to regularly provide the County Assembly with full reports on matters relating to the county. The crux of the matter is in (6). (6) The Isiolo County Executive Committee recently embarked on negotiations with private investors to undertake a Public-Private Partnership (PPP) arrangement for the delivery of healthcare service in Isiolo County. Madam Temporary Speaker, health is a devolved function. As you are aware, there is a PPP Act that governs this. Secondly, there is a PPP unit that is supposed to give guidance in terms of how this should be engaged. Thirdly, there are the ones to look for the threshold and vet the investors that county governments are supposed to engage with. (7) That the above process was commenced and is being undertaken in total disregard of the constitutional requirements under Articles 10 and 73 on transparency and accountability and the right to access to information under Article 35 of the Constitution of Kenya, 2010, which together call for public participation in matters affecting the public. (8) That the above process was commenced and is being undertaken as a pilot project for six months in total disregard of the legal and procedural requirements under the Health Act 21 of 2017 and the Public Private Partnerships Act 15 of 2013. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.  "
}