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"id": 861316,
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"speaker_name": "Sen. Khaniri",
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"speaker": {
"id": 171,
"legal_name": "George Munyasa Khaniri",
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"content": "Mr. Speaker, Sir, in giving some background, the establishment of a County Law Compliance and Enforcement Unit (CLCEU) is informed by need for officers who can be responsible for enforcing and ensuring compliance with the law enacted by the county governments. Under Article 185 of the Constitution, counties have the power to make laws that are necessary for, or incidental to, the effective performance and exercise of the powers of the county government under the Fourth Schedule. In this regard, the role of the enforcement officers within the counties is integral to the daily operations and conduct of business in the counties. Otherwise, it will be an exercise in futility, where county assemblies will come up with good pieces of legislations, but with no unit to ensure that those pieces of legislation are complied with. Mr. Speaker, Sir, it is necessary that a national law broadly sets out the functions and expected conduct of such enforcement officers. They must ensure safety and wellbeing of the residents of the county and provide an enabling environment for the conduct of business and other regulated activities at the county level. Mr. Speaker, Sir, we have left this to the county assemblies, but it is not right. We need to have a standard legislative framework. It is only the Senate that can come up with this kind of law that will see to it that we have a proper legal framework for recruitment, training and provision of code of conduct for these particular officers we are trying to establish by this legislation. There needs to be sanity and order in the counties. We do not want a situation where governors pick their political goons and make them the county askaris, without any code of conduct. These askaris go harassing their opponents and wananchi in the markets. We must have a proper code of conduct. As I said, it is only the Senate that can come with this piece of legislation. In addition, the professionalism and approach of the enforcement officers shapes community notions of the county government. Currently, reports abound of the enforcement officers and county askaris mishandling the general public. This Bill, therefore, provides a legal framework for the appointment, functions and a uniform code of conduct for the enforcement officers. Mr. Speaker, Sir, before I elaborate on what each clause provides, allow me to remind this House on the milestones that have resulted into this Bill. On Tuesday, 21st July, 2015, in the last Parliament, I requested a Statement under the then Standing Order 45(2) (b), concerning the operations of the county inspectorate departments in the country. At the time, there were numerous reports of human rights abuses, disorganization, impunity and political misuse of county askaris in the then newly created counties. The Statement sought to find out if there existed a uniform code of conduct, training, disciplinary and complaints mechanism. Most importantly, I wanted to establish the legality of having inspectorate departments in the country. The Statement was forwarded to the Council of Governors (CoG) and the Office of the Attorney General, who gave responses as follows: The CoG affirmed the fact that county governments have legislative authority under Article 185 of the Constitution and that it was deemed necessary that they establish inspectorate departments for the enforcement of these legislations. Some counties 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."
}