17 Oct 2018 in Senate:
Madam Temporary Speaker, there is no need for Clause 3(g). However, it will help to curb the habit of many agencies, for example, Government agencies, which do not care to open some of these Petitions that we present. Therefore, we should relook at this part and try to merge it with Clause 3(h) which is important. You are a legal mind of long standing and part 3(h) is critical and important. If you say that we indicate efforts, you may need a letter and may be a particular agency or body has not responded. You might also need evidence to ...
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17 Oct 2018 in Senate:
Could we also re-modify this so that it does not become the work of the Clerk yet we know the politics that surrounds the running of counties. For example, the ad hoc Committee on Solai Dam Tragedy went through hook and crook to ensure that it was successful. However, there were so many blackmails and intimidations. These are the same people whom we told to petition the county assembly and agencies that are powerful. Therefore, we need to check this. Clause 5 (1) states that:- “The Clerk shall, if satisfied that the petition meets the requirements specified under this Act, ...
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17 Oct 2018 in Senate:
messenger. He or she should only indicate in writing and not determine a Petition. Therefore, Sen. Pareno, you need to re-look at how to modify this. This is a good thing. However, how do we ensure that the process of rejection or acceptance of a Petition meets a particular minimum threshold when we are giving immense powers to only one person? Clause 6 (1) states that:- “The Clerk shall keep and maintain a register in which shall be recorded all petitions and supporting documents, and the decisions of the county assembly on the petitions”.
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17 Oct 2018 in Senate:
This is in the principle of natural justice. We need an audit. I heard someone allege that the Governor of Migori County has Kshs2.5 billion in his account. I wonder where the auditors are. Sen. Mutula Kilonzo Jnr. has questioned this because there has been no specific Petition to the Senate or any other agency. Therefore, for auditing purposes and in the spirit of fighting corruption and ensuring transparency, equity and fairness, I applaud you for this part. It will now be easy to visit a county assembly to counter-check any malicious rejection of Petitions to the county assembly. Madam ...
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17 Oct 2018 in Senate:
That is why there should be reasons why the Petition has been rejected so that it is not challenged in any aspect; for example, if a Petition is not written in a respectful, decorous and temperament language. However, I have never seen a Petition that is not respectful. I believe that it can be put in a lighter way. When making strong demands and prayers, you may sound hard, but polite in your submissions. If you have to reject some decision, there must be good reasons to do so. For example, if there is a particular petition from Kajiado or ...
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17 Oct 2018 in Senate:
Clause 6 is clear. In my opinion, the time should not be limited to 14 days. Later on, I know I will have an opportunity to propose my amendment. To me, seven days are sufficient. We all know this country has a lot of monkey business and anything can happen. If you give some people one day to do something mischievous, they can change everything by the time that decision is communicated. I suggest that instead of 14 days The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained ...
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17 Oct 2018 in Senate:
given to the clerk to communicate to the petitioner, we allow him to do so within seven days.
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17 Oct 2018 in Senate:
Some of the petitions being raised are of an urgent nature and they require action immediately. Those are some of the issues we need to consider seriously as we discuss this Bill. When you look at part (m) in the case of petition presented by a MCA on behalf of the petitioner, be countersigned by members presenting it. This is a procedure accepted worldwide. However, this might be counterproductive because of the sensitivity of the matter contained in the petition. Some people may not want to be associated with the petition despite the fact that they are the ones petitioning ...
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17 Oct 2018 in Senate:
Madam Temporary Speaker, I know Sen. Sakaja has raised the issue of capacity building for MCAs. I agree with him that this is part of enriching devolution when we bring such laws so that transition, growth and the influence of devolution will be easy. We do not want to hear MCAs saying these are criminal matters. If so, they should be reported to the police. As I speak, there is so a lot of restlessness in the county assemblies. As Sen. Mutula Kilonzo Jnr. indicated, the speakers of the county assemblies are under siege. It is very unfortunate. We, as ...
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17 Oct 2018 in Senate:
We need to do something so that even as we introduce the position of deputy speaker, it will allow a seamless running of the affairs of our county assemblies. There are allegations of fights between clerks of various county assemblies and the speakers. I want to urge Members of the National Assembly to fast track the Bills we have sent to them so that we enrich devolution in this country. For example, they should prioritize the Petition to County Assembly (Procedure) Bill, 2018. Some of these laws are very important because if we had the position of deputy speaker in ...
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