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"type": "speech",
"speaker_name": "Nominated, JP",
"speaker_title": "Hon. David ole Sankok",
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"content": " Thank you, Hon. Speaker. Members are correct by saying that the Senate is just trying to look for relevance. Their functions are vested upon county assemblies. County assemblies oversee county governments and the National Assembly oversees the national Government. They have to look for some relevance because they are hanging somewhere there. It is just a waste of public funds to have the Senate overseeing county governments which again, are being overseen by county assemblies. The Fourth Schedule of our Constitution is very clear on agriculture and irrigation. When this House was considering this Bill, it indicated that the Fourth Schedule of the Constitution provides that the national Government has the function relating to the agricultural policy. Part II of the Forth Schedule assigns county governments the function relating to crop and animal husbandry. If that is what they are assigned, then it just means that irrigation is not a devolved function. I do not know where they got this particular law of them dealing with irrigation. Article 186(3) of the Constitution provides that a function not assigned by the Constitution or national legislation to a county is to be retained as a function of the national Government. So, automatically, this is a function of the national Government. When they start introducing bureaucracy in terms of passing these laws and proposing that the national Government must consult with the CoGs, they intend to be a bit relevant. The Cabinet Secretary is not mandated to consult with the CoGs because they do not consult with the national Government when they are performing their specific duties that are assigned to them in the Fourth Schedule of our Constitution. Therefore, I advise our Members who will go to the mediation committee to be sober enough and educate the Senate. If possible, they should ask the Senators to go for induction in terms of the Constitution of Kenya, 2010. We have constitutional experts like Hon. Jimmy Angwenyi. We also have the Speaker, who is a mobile encyclopaedia when it comes to our Constitution. They should learn a lot from the Members of this House who were involved in the crafting of the Constitution. It seems they do not understand the Constitution well enough. So, advice the Senators to go for an induction and if they find that they are hanging and they do not have any function, instead of looking for relevance by delaying very important Bills, they should request for that House to be dissolved. The National Assembly oversees the national Government and county assemblies oversee county governments. I support the Committee Report. Such amendments from the Senate should not be entertained because even yesterday, we had the same issues and we cannot be wasting our time and taxpayers’ money debating issues repeatedly and it seems a certain House does not understand. I refer them to Hon. Amollo Otiende, who is another very intelligent guy when it comes to constitutional matters. They can consult him. Thank you very much, Hon. Speaker."
}