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{
    "id": 978447,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/978447/?format=api",
    "text_counter": 162,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": " I am saying this because I know many county governments are still queueing at the Government Printer waiting for their gazette notices to be published. The gazette notice communicating the purported transfer of functions of the Nairobi City County Government to the national Government raises weighty and grave questions of a constitutional and legal nature, particularly in the context of devolved system of government that is a key cornerstone of our Constitution. Hon. Senators are aware that in the short time since the issuance of the Press Statement, Kenyans have raised many questions on the constitutionality, legality and effect of the purported transfer of the functions of Nairobi City County Government to the national Government. As the House of Parliament that is charged with the constitutional mandate of securing and safeguarding the devolved system of government, representing the counties and protecting interests of the counties and their governments, this is a matter that falls squarely within our mandate. The Senate needs to move with haste in order to give clear direction on the matter. The Constitution in Article 186 as read together with the Fourth Schedule, sets outs respective functions and powers of the national and county governments. Article 187 of the Constitution contemplates a situation where a function or a power at one level may be transferred to a government at the other level by agreement between the governments. This Article and part three of the Inter-Governmental Relations Act, 2012 provides detail on, amongst others, the conditions to be met before such transfer, criteria for such transfer and the procedure that is to be followed in the processing of the transfer. Mr. Deputy Speaker, Sir, I feel extremely nostalgic and I have said this over and over again and I want to repeat that I was a member of the Taskforce on Devolved Government. I also participated in the drafting of the Inter-Governmental Relations Act to give effect to Article 187 of the Constitution. At that point in time, I must acknowledge that Sen. Orengo played a role in my being in that Committee because he was looking at me sharply."
}