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{
    "id": 893918,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/893918/?format=api",
    "text_counter": 310,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Madam Temporary Speaker, it could be that sometimes it might be cost-effective for counties to outsource those facilities. That is a discussion and latitude that counties should be given. Where they find it more expensive to put up the physical facilities and already the facilities that can be outsourced, they need to be given that latitude. The second objective of this Bill from what I can discern is to provide a clear role for the Senators to exercise their oversight role pursuant to Article 96 of the Constitution. This is bold because as a House in the Legislature, it is unfortunate that we stand in the table or wherever we stand and talk about helplessness and laws that do not favour us yet we are the Legislature. Part of our duty is make laws. We should not expect county assemblies or the National Assembly to make laws that will give effect to Article 96. It is the duty of this Senate to be innovative. This House has got the highest number of senior counsels in this Republic. There are only three of them in Parliament and all of them sit in the Senate. We have people like Sen. (Dr.) Kabaka, who are great minds, not just in law, but people who can apply themselves in public finance management and different fields. It cannot be that we complain perpetually about the limited legislative powers of the Senate when we have not made that effort. Therefore, I congratulate Sen. Olekina for making an effort to give effect to Article 96. Madam Temporary Speaker, the bad and the ugly is that Clause 19(2) of this Bill talks about logistics. It states that:- “ The Clerk of the county assembly may provide such logistical support as is necessary for the carrying out of a successful public participation and oversight exercise” That should be the responsibility of the Clerk of the county assembly with respect to Members of County Assemblies (MCAs) and not the Senator. There is absolutely no way that the activities of the Senator in oversight and public participation shall be facilitated logistically by the Clerk of the county assembly. It should be the Clerk of the Senate. Madam Temporary Speaker, ugly number two is Clause 20(1) of the Bill that states that:- “The county executive committee member, with the approval of the county assembly, shall make regulations generally for the better carrying out of the provisions of this Act” It this Bill intends to give effect to Article 96 and particularly to entrench the role of the Senator in oversight, public participation and in consolidation of the views of the people, and make the County Executive Committee (CEC) Member for Finance responsible for coming up with regulations, then it is dead on arrival. This is because they will not make regulations that will empower the Senate. They will make regulations that will cripple the Senate and the Senator will be frustrated from day one because logistics will be from the clerk and regulations will be from the CEC, Member. Madam Temporary Speaker, ugly number three is Clause 19 (1) which talks of the role of the county assembly. I was having a conversation with my elder and senior Sen. (Prof.) Ongeri and we asked ourselves where this put the county assembly as far as public participation is concerned. It states that- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}