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{
    "id": 978462,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/978462/?format=api",
    "text_counter": 177,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "should be at the centre of determining questions relating to proposed transfer of functions from level of government to the other. The second issue of concern is the processing and the transfer of the Deed of Transfer of Functions. The Deed indicates that it was executed by Mr. Eugene Wamalwa, duly authorized as the CS, Ministry of Devolution and Arid and Semi-arid Areas. Mike Mbuvi Sonko and Justus Kathenge are duly authorized signatories of Nairobi City County Government. A fundamental question arises concerning the process and the execution of the Deed at both the national and county governments. The transfer of functions and powers contemplated under Article 187 of the Constitution and Part 3 of the Intergovernmental Relations Act, 2012, is one between the National government and the county government. Accordingly, before the execution of the Deed seeking to give effect to such transfer, the approval of the county government would be required. The question that arises is: what is a county government? Is the unilateral approval and execution of a Deed by a governor sufficient to constitute the approval of a county government? This cannot be the case. Under Article 176 of the Constitution, a county government consists of its county assembly and its county executive. Consequently, before a decision as serious as the transferring of functions of a county government to the national Government is taken, it would be expected that the proposed transfer of functions would be processed and approved through county government organs. It is through such process that the requirement of public engagement and public participation would be met as the processing would be conducted in an open, transparent manner particularly through a duly elected representative of the people sitting in the county assembly. Mr. Deputy Speaker, Sir, what we witnessed yesterday is that the form of the Deed executed by Governor Sonko does not in any way comply with Article 187 and part 3 of the Intergovernmental Relations Act. The execution of the Deed was a unilateral decision that does not appear to have been taken by the county government. The purported execution of the Deed by Governor Sonko is therefore, not an act that speaks for and represents the wishes of the people of Nairobi City County. In this regard it is therefore, unconstitutional and illegal for non-compliance with the law. The same threshold for the processing of the proposed transfer of functions with equal measure applies to the national government level. It cannot be that the CS for Devolution and ASALs would sign a Deed of Transfer of Functions without a similar process through the Executive and legislative branches of the national Government. While still on the question of the process followed in the processing of the Deed for the Transfer of Functions, allow me to pose some critical questions which are yet to be addressed: One, who were the negotiators involved in the process from both the national and county government? Two, how long did the negotiators take in the negotiation process? Three, was the public at any point made aware of these negotiations and of the plans towards transfer of functions? Four, did the Cabinet approve the transfer of 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."
}