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{
    "id": 879959,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/879959/?format=api",
    "text_counter": 227,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Section 123(3) provides that upon receiving the petition, the President submits the same to Intergovernmental Relations Committee to look at it and then he appoints a commission with the approval of the Senate in 123(4). The law provides for how that Commission should be composed. That Commission again under Clause 123(7) makes recommendation to the President. Section 8 of 123 states that if the President is satisfied with the recommendation for a suspension, he forwards the report to the Speaker of the Senate. Section 123(9) states that the Senate will consider the report and make a resolution accordingly. Where the Senate adopts the recommendation for an approval, the President dissolves the county government through Section 123(10). That is how the law exists. What does this amendment want to remedy? This Bill seeks to introduce a timeline for commission of inquiry. A commission is established to go and look into it but there is no timeliness. This amendment gives the timelines; it is not open-ended. A Commission cannot investigate for months. The Senate cannot keep that. It is providing a timeline for the commission of inquiry into the suspension of a county government. Two, in an instance where the commission of inquiry does not make a recommendation for a suspension, what happens? The current provision in law does not provide for the same. So, what happens if the commission says they have not found anything tangible and no evidence to suspend this county? We are also trying to fill a lacuna in law on that matter. Three, this amendment is creating an elaborate procedure where the President is satisfied with the recommendation of a commission of inquiry and an instance where the President is dissatisfied. What happens? What happens if the President is dissatisfied with the report? That procedure does not exist in law. We are treating it. Further, if you look at Clause 3 of the Bill…I am happy the Committee chaired by Hon. Koinange has done a good work. In fact, Members should pick the Report of that Committee which I have used to prepare my notes. Clause 3 of the Bill seeks to provide for the procedure of termination of a suspension by the Senate. A county can be suspended but midway, the Senate can say: “Yes, we are the ones who are custodians of county governments. We have re-looked at it and this county is now back and we want to lift that suspension.” So, we are giving the Senate that power. This House will recall that the law provides that where the President is satisfied with the report of the commission of inquiry, he forwards the same to the Senate for determination. When the President sends the report to the Senate, it is just to concur with him. What happens if the Senate does not agree with the report of the Commission as sent to them by the President? Article 192(4) gives the Senate the powers to terminate a suspension. So, the proposed clause provides for an elaborate way of terminating. So, already, the Senate has that power in the Constitution. Article 192(4) of the Constitution gives the Senate the powers to terminate a suspension. What this Bill is doing is to set the procedure – an elaborate way of terminating it. You cannot just terminate it the way you want. The amendment therefore seeks to fill a lacuna in law and I call Members to support it. When you look at these Bills, the Senate has a lot of work. But six years down the line, it has got no grip of what it is supposed to do. All the issues we are talking about - the many audit queries from counties, why counties are not collecting their own revenue, where they keep it when they collect, where we have bloated human resource in counties and corruption, the Senate 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."
}