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"id": 886732,
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"type": "speech",
"speaker_name": "Sen. Kang’ata",
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"speaker": {
"id": 1826,
"legal_name": "Irungu Kang'ata",
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"content": "Then, again, it is known that you cannot have complete and distinct separation of power. There are instances where the Executive may want to make some laws; you do not have to keep on referring back to the National Assembly or Parliament. That is why you will find the Executive doing what is called subsidiary legislation. On the other hand, Parliament also makes decisions which appear to be like Executive in nature. Therefore, based on that philosophy of separation of power, we thought of relooking at this law, and therefore, ensuring that we do not negate the idea of the legislature oversighting the Executive. One thing that the Committee has done is to take some crucial powers concerning the implementation of this law to the County Executive Committee (CEC) Member in charge of Finance in various counties. That to me is a positive thing. Two, this Bill has also provided that the money that will go to the ward will be minimum; 15 per cent of the development expenditure. That to me is positive. The third change, which I have seen in this Bill, is doing away with my proposal concerning creating committees. I agree that if we could have created committees, like the Constituencies Development Fund (CDF) system, we would have made this Bill expensive to implement. It would bring in other attendant cost of huge bureaucracy. Therefore, it made a lot of sense that we do away with those committees and give that power to the CEC in charge of finance, so that we ensure good and seamless implementation. However, the assembly has powers to oversight this Fund. How? The CEC Member in charge of finance will be compelled by this law to be reporting to the assembly the progress made towards implementing ward projects. Two, he will be compelled to bring quarterly reports before the county assembly, saying how far they have gone with ward projects, how much money they are paying to those projects and whether procurement processes are okay. All those are provided for under this Act. Therefore, the assembly will still have some oversight powers, which are clearly provided for under the Constitution and this law. What are the main advantages that this Bill will give to the country? I am going to cite five reasons. First, governors have become omnipresent demigods in our counties. They have been oppressing Members of County Assembly (MCAs) and residents. If you do not toe the line of a governor, you will find a situation where there is no development money that is being sent to your ward."
}