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{
    "id": 905044,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/905044/?format=api",
    "text_counter": 165,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Madam Temporary Speaker, I rise to support the Motion and reject the proposed amendments. You have been with me in some of the mediations. I do not think our colleagues understand or read these things. The purpose of amendment to the County Governments Act was born out of the lacuna in law that when a county is dissolved and the President is given a petition, once he makes the decision and appoints a commission, that commission---. Like the case of Makueni County was approved by the Senate. The Commission went to Makueni and after doing its work and submitting its report, the President, in his discretion, rejected it. I raised the concern and the then Speaker, Hon. Ethuro, directed that the report submitted to the President be tabled before the Senate. However, we went to elections without having that report. I had the benefit of reading that report which I received unofficially. Other than the suspension in Makueni County, there were many issues concerning the budget, how much county assemblies can do and the issue of oversight. In fact, the attempt to impeach Governor Mwangi wa Iria at that time and the late former Governor of Nyeri County, Nderitu Gachagua, came shortly after Makueni and the issues of Murang‟a and Nyeri were similar. The issue was about budget-making process and that is what caused problems in Makueni County, leading to the said impeachments. The idea of having a report tabled here is being negated because the National Assembly seeks to amend the law to provide that the President of this Republic will notify the Speaker. What kind of logic is that? When Senators approve members of the commission, the report should be tabled and then the President should notify the Speaker. They are not even saying how they will be notified. I do not know whether they are supposed to notify via WhatsApp or a message. The document on dissolution is a petition and a report of the commission which is in the amendments. They just talked about notifying the Speaker and that is what Sen. Orengo was saying. In Article 192, there is no other body or person other than the President and the Senate. In a true spirit of protection of counties, the decision to terminate a suspension must come to the Senate. The law provides that we may consider terminating suspension of a county. Which apex body is being mentioned by the National Assembly? In the Intergovernmental Relations Act, we have the Inter-Governmental Budget and Economic Council (IBEC) and the Summit. Which apex body are they referring to? If we are to insert the apex body that is referred to by the National Assembly into this amendment, we will have violated Article 192 of the Constitution. Only God knows how that small issue passed the National Assembly and found itself into the amendments. More importantly, to address the concern, I heard that we missed a tremendous opportunity where a commission of inquiry of about seven people spent three months in Makueni. Public funds and a lot of other resources were utilised but I do not know where that report went. Regarding amendment to Section 14, it is stated that where the commission does not recognise the suspension of a county government or where the President is not satisfied that justifiable grounds exist, for suspension of a county government, the Senate may consider any other recommendation of the commission not related to whether or not the county government should be suspended and make a determination on the way forward with respect to those recommendations. 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."
}