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{
    "id": 978461,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/978461/?format=api",
    "text_counter": 176,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "This is a complete claw back on the principle of public participation that is so dearly held by Kenyans at large. Even more worrying is the total lack of observance of Section 29 of the Intergovernmental Relations Act, 2012, which specifically provides for public participation in the process of transfer of functions or powers from one level of government to the other. The Deed of transfer of functions under Articles 10.1 and 10.2 makes a rather interesting, passing and casual reference to public participation. Article 10.1 provides that the Deed of transfer of functions shall be notified to the Nairobi City County Assembly pursuant to Section 26(6) of the Intergovernmental Relations Act, 2012, and shall in the meantime be subjected to public participation. Article 10.2 then provides that the Deed together with other amendments as may be necessitated by public participation, constitute the entire agreement between the parties. Pursuant to Section 29 of the Intergovernmental Relations Act, 2012, it would have been expected that public participation would have been carried out prior to the execution of the agreement. However, this was not the case. Article 10.1 and 10.2 of the agreement appear to attempt, on the part of the parties, to sanitize an already flawed process. These provisions are a total affront to the people of Kenya. The Deed was executed yesterday, 25 February, 2020. The views of the public are now sought on the Deed that has already been executed. In effect the people of Kenya have been denied the opportunity to decide at the outset whether or not the functions of the county government should be transferred to the national Government. Mr. Deputy Speaker, Sir, a reading of Article 10.2 of the Deed indicates that that decision in this regard has already been made on behalf of the people and all they can hope to do is to propose amendments to an existing agreement. The people of Kenya were further denied the opportunity to determine at the outset, amongst other things, the scope of the functions to be transferred the duration of the transfer and the financing framework. To say that the agreement contravenes the provisions of the Constitution and the law with respect to public participation is an understatement. It is a total ambush on the people of Kenya and, in particular, the residents of Nairobi City County who, as is required by the Constitution and the law, 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."
}