30 May 2019 in Senate:
Mr. Speaker, Sir, we sat in this House and deliberated on the processes of dissolution of county governments and reports that come from the Committee that deals with dissolution of county governments. This is a very important provision.
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30 May 2019 in Senate:
Sen. Mutula Kilonzo Jnr. came with these amendments informed by the process that ensued in Makueni County Government last term when it was almost being dissolved. I remember very well because I was the Chairman of the Committee on Devolution. I was charged by this House to shepherd the process, including approval of the Members that were sitting in that Committee and listening to their Report.
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30 May 2019 in Senate:
Madam Temporary Speaker, we are very happy that the Committee did a good work in terms of recommendations on the working relationship between the County Assembly of Makueni and the County Executive. This was a very unique mechanism for dissolution because it came from the county government. It was the County Executive of Makueni who felt that their relationship with the county assembly was so broken down to the extent that they had no choice, but to go for the dissolution of the county.
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30 May 2019 in Senate:
Madam Temporary Speaker, when that process started, the Chairman of the Committee was Counsel Mohamed Nyaoga. It comprised of many lawyers and public servants. I do not remember whether Sen. (Rev.) Waqo was a member of that Committee. No, it was another lady who looks like her who hails from the same county with Sen. (Rev.) Waqo.
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30 May 2019 in Senate:
When that Committee did the work, we had a disadvantage by virtue of the operation of law of not having the opportunity to deliberate on the Report because the law as it is, provides that the President of the Republic of Kenya once he makes his decision that he does not agree with the proposal by the committee for dissolution, that was final. If you remember, the Committee that was established to do the inquiry came with a finding that the County Government of Makueni should be dissolved. The electronic version of the Senate Hansard Report is for information purposesonly. ...
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30 May 2019 in Senate:
When this Report went to the President, he disagreed with that recommendation and the matter ended there.
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30 May 2019 in Senate:
The question for all of us here was: “How do we import the recommendations of that Committee for the purpose of operations in the rest of the country? How do we capture them and put it on record if this House cannot debate and deliberate on the findings of that report? Informed by that experience, Sen. Mutula Kilonzo Jnr. came up with these amendments.
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30 May 2019 in Senate:
Unfortunately, when the law went to the National Assembly, who do not have the institutional memory and the history, foundation and background of this amendment, went ahead to return an amendment that just mirrors the exact provisions of the law as it is at the moment, except for the change of words here and there, defeating the very purpose of the work that Sen. Mutula Kilonzo Jnr. did.
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30 May 2019 in Senate:
Madam Temporary Speaker, though I am moving this amendment from the National Assembly, I am recommending to the House that we should defeat it, so that we can then go for mediation and agree on a proper version. We will now send Members to the Mediation Committee, including Sen. Mutula Kilonzo Jnr., who will explain to our colleagues in the National Assembly the history of the enactment of that provision. I am very sure that the mediation process will result into a version of the Bill that will capture the spirit and the intention that this House had.
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30 May 2019 in Senate:
Now talking about the dissolution of counties, as a Senate, we must continue working so hard to ensure that our counties do not find themselves in the situation that we had. It is usually around this period that wrangles begin in the counties. I told many Senators during the orientation in Naivasha that a number of them here came into the Senate holding hands with their governors. They had very good relationship and campaigned together. They came back here having endorsed each other with their governors. For example, for purpose of the public discourse, Sen. Kang‟ata and his governor came ...
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