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{
    "id": 978614,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/978614/?format=api",
    "text_counter": 329,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "Thank you, Mr. Deputy Speaker, Sir. In Mathew Chapter 12, you will read of a time when Jesus walked into the synagogue and the Sanhedrin were keen to set a trap for him. It was on a Sabbath, and you know the rules of that particular time. One was not supposed to work on the Sabbath. Jesus saw a man who had a deformed hand. He went ahead and healed him, to the protestation of the Sanhedrin. This is because in their consideration, it was better to see a man suffer but observe the law. That is the challenge that we have in Nairobi. There will be a good debate about what should have been done and what procedure should have been followed; but as we speak about all those things, the citizens of this city continue to suffer. I think that there is no right or wrong to this particular debate. Later on, I will come to my understanding of what I thought should have been done differently in this particular exercise. However, I support the spirit of this decision. I support the thinking that it is better for the national Government to do whatever it takes to try - at least between now and 2022, before we reach a decision or perhaps enrich it during this BBI season - to see what we can do with the City of Nairobi. Nairobi is not a county. Please, let us stop fooling ourselves. This is a city with unique needs and challenges. You cannot propose the same solutions that you are proposing for rural counties to be the same for Nairobi City County. We have to engage our minds and think of how we can run our City better. Perhaps, we can do the same for Mombasa, Kisumu, and I see that there is a proposal for Nakuru as well. We need to see what it is that we can do, because there are unique challenges to this setting. Mr. Deputy Speaker Sir, I am aware that as legislators, we are duty bound to defend the rule of law. Therefore, I move on to the second segment of the argument on what would have been done differently. Article 187 of the Constitution, in speaking to the transfer of functions, speaks of a government. Therefore, you ask yourself, what is a government? Article 176 of this Constitution says that a county government consists of a county executive and the county assembly. A further reading of the Intergovernmental Relations Act keeps on referring to the county government. Therefore, a sitting with the governor alone cannot amount to a sitting with the county government of Nairobi City County. In that regard, I felt that the drafters of this Motion should have given better advice on the architecture of the transfer of functions from Nairobi City County to the national Government until the County Assembly of Nairobi City County gives its verdict on these issues. I agree with those who are arguing that Section 29 of the Intergovernmental Relations Act speaks of public participation. What are you asking the public to participate in? I saw on the Twitter handle of ---"
}