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{
    "id": 863499,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/863499/?format=api",
    "text_counter": 377,
    "type": "speech",
    "speaker_name": "Isiolo North, KPP",
    "speaker_title": "Hon. Hassan Hulufo",
    "speaker": {
        "id": 13348,
        "legal_name": "Hassan Oda Hulufo",
        "slug": "hassan-oda-hulufo-2"
    },
    "content": " Thank you Hon. Temporary Deputy Speaker for the opportunity to contribute to this very important Bill, Senate Bill No. 1 of 2018, which is on the assumption of office of a county governor. I would like to thank the Senate for coming up with this important proposed piece of legislation which is aimed at filling a lacuna in law, as far as assumption of office of governor is concerned. The Bill outlines a very clear process which guides how a governor-elect is supposed to be sworn in. Having witnessed the swearing-in ceremonies of two sets of governors – those who were elected after the 2013 General Election and those who were elected last year – you will realise that there is a lot of uncertainty. Indeed, so many issues take place between the period a governor is declared the winner and the time he or she is sworn into office. It also jeopardises security of the governor-elect. I witnessed the swearing in of our current governor. The way the function was organised was such that the outgoing governor could not participate because there are no clear provisions of who is in charge of making arrangements and who is supposed to connect the outgoing governor and the incoming governor. It made it very difficult for the outgoing governor to attain the ceremony and hand over the instruments of power. That happened because we did not have laws which clearly guided the process of handing over and taking over power by the governor-elect and outgoing governors. In the proposed legislation, the membership of a committee which is supposed to organise the swearing in, is clearly outlined. I am happy that a chair has been proposed to be the county secretary. The county secretary is the head of public service in our counties. Therefore the holder of that office knows what has been happening in the county before the elections took place. He is the senior most civil servant and because he supervises Chief Officers and coordinates the county executive, he is better placed to actually provide crucial information for the incoming governor. He can also be a very good link between the outgoing governor and an incoming one. This can actually be a very good link between the two. I am also happy that this legislation also requires an outgoing governor to hand over instruments of power which are outlined. Therefore, this obligates him to attend the swearing in ceremony, after the governor-elect is sworn in, to hand over those instruments of power. At the same time because you cannot rule out mischief where an outgoing governor can refuse to attend, there is also a clause which says that if an outgoing governor has not handed over those instruments, that does not validate the swearing in. I think this is very important. It is also important that the Bill has actually made adequate provisions for the governor- elect to be provided with all the crucial information that he may require. A public officer who withholds information requested by governor-elect according to this Bill is considered to have committed a crime and the penalty for doing that is also specified. You cannot rule out a situation where an officer who has served under an outgoing governor can frustrate the governor- elect before he or she is sworn into office. The Bill has also made provisions and stated what happens if governor-elects dies before being sworn in. It has also made clear provisions for the timelines within which the governor- elect should be sworn in. There are specific days after the results are officially declared. This helps us to get rid of uncertainties surrounding the swearing in and assumption of office by the governor-elect. Therefore, from my own perspective and from my understanding of this Bill, I am happy that most of the challenges that we have witnessed when it comes to swearing in of governor- 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."
}