Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 868826,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/868826/?format=api",
    "text_counter": 257,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "help marginalised areas and those that have hitherto not seen development. We know that if people were to use the resources that are given to them more effectively and efficiently, then we would see progress. What I would want to discourage us from is our excitement to seal those loopholes so that we do not then violate the constitutional standards. So, I just want to urge the Committee that even as they will be sitting down and examining some of these provisions and amendments that are proposed, that they stay true to the constitutional provisions and the principles of devolution so that we do not wade into areas that are solely the responsibilities of counties. I start by highlighting Clause 5. If you look at it, we are seeking to add the word “Parliament”. I think if we add the word “Parliament” or give Parliament a role as is proposed under Clause 5, in my view, I think even though we are well intentioned, we are defying the constitutional principle of the two separate entities – the devolved governments and the national Government. The proposed amendment to Clause 5(4) that seeks to add the county executive committee is also very good. It is another layer of bureaucracy but which, in my view, does not violate the constitutional standards. However, I would rather that we have an added layer of bureaucracy but not add another layer which is parliamentary but which violates a constitutional provision. I just wanted to give that as an example of a standard that we can use going forward that even as we are sealing loopholes, let Senate do oversight and let Parliament provide standards that would seal the loophole, but at the same time not try to undertake roles which are not ours. I also want to speak to the proposed amendment to Section 17 of the Act. It is a very good amendment that talks about stopping any procurement three months before any general election. I propose to the Committee that even as they are looking at this, they can propose an amendment that stops any withdrawals leave alone procurement or any activities of a financial nature in the counties when there is a proposed by-election. In Homa Bay County, people were largely expecting that we might actually have a by-election. Unfortunately, we did not have or fortunately depending on where you stand. We did not have a by-election but people were already gearing and preparing to take over. If you could see, the main driving force for the takeover was to ensure that you walk in and loot and walk out. If those loopholes are stopped so that you know that even when there is a by-election, you cannot access those resources, then the level of excitement that we saw in Homa Bay County would not have been there. This is because everybody thinks the counties are free for all. You walk in, loot and walk out. So, I encourage the Committee to look at a possible further amendment to Section 17 of the primary Act. Section 38 is good as it ensures accountability through Parliament where there are conditional grants. I also want to speak to the proposed amendment to Section 66 of the principal Act. Even though we are saying that we are giving Parliament – when I speak of Parliament it is both the National Assembly and the Senate here - oversight roles, this one I want to speak in relation to our overall oversight roles. If you even look at the NG-CDF Act, the role of Parliament there is primarily oversight yet if you look at the funds that are put into oversight in that Act, it is nothing. I think it is Sh30,000 if you actually work out the percentage. Tell me what oversight you can do with Sh30,000. Look at the Committee that is set under the NG-CDF Act that is supposed to be undertaking oversight. That Committee has no resources for oversight. If Parliament wants to actually undertake serious oversight role, then we must give Parliament 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."
}