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{
    "id": 978463,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/978463/?format=api",
    "text_counter": 178,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "functions? Five, did the County Executive Committee similarly approve the transfer of functions? Mr. Deputy Speaker, Sir, the third issue that I wish to raise relates to the conditions and criteria for transfer of functions from one level of government to another. Article 187 of the Constitution requires that a function of power may be transferred from one level of government to another if the function of power would be effectively performed or exercised by the receiving government. In other words, there requires to be sufficient justification for the transfer of each function or power from one level of government to another, including a detailed and bundled definition of those functions and an explanation as to why it is justifiable for that particular function to be properly delivered in which level of government. I had found earlier that the Deed transfers the four functions cited as a block without regard to the specific functions and powers under each of the four major Heads which are set out in the Fifth Schedule of the Constitution and which are 19 in total. The Deed, in total disregard to Article 187 of the Constitution, does not provide specific justification for the transfer of each of the 19 functions and powers. The fourth issue that requires the attention of the Senate relates to the oversight mandate of both the Nairobi City County Government which is in this case the County Assembly and the Senate with regard to the functions that are purported to have been transferred. More so, in light of the fact that in my opinion, regarding the more than 80 per cent of the functions are sought to be transferred, several question arise: One, what is the role of the Nairobi City County Assembly in oversighting functions that have been transferred to the national Government? Number two, and related to the same; what is the role of the Senate in oversighting a function that is now already transferred to the national Government? Number three, who is the accounting officer responsible for the execution of the functions sought to be transferred? In effect, Mr. Deputy Speaker, Sir, having transferred a large majority of the functions of the Nairobi City County Government, do we need a Governor for the county?"
}