21 Feb 2012 in National Assembly:
Mr. Speaker, Sir, Clause 8 deals with the powers of the Authority. One can see that this Authority is being given the power to gather all relevant information, including requisition of reports, records, documents or other information from any source, including State Departments or public entities, and compel the production of any information required for the performance of its functions as and when necessary. It also highlights that it can interview all persons or any organisation as it may desire in order for it to carry out its functions.
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21 Feb 2012 in National Assembly:
This power is important. One will see later that it will be an offence to hinder the functions of this Authority, or even to conceal or withhold any information that will be vital for this particular Authority. So, if somebody, for instance, decides to hide an asset and make sure that it does not appear on record, and this is later found out, it will be a very serious offence which that person will have committed. The provisions for the appropriate penalties for such offences are contained in this Bill.
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21 Feb 2012 in National Assembly:
Clause 9 deals with the Secretary of the Authority, who shall be the Chief Executive Officer. The qualifications of the Secretary and the process through which the Secretary shall be appointed are also provided therein. Clause 10 deals with the removal of the Secretary from office. Clause 12 provides for what needs to be done to replace an officer or a member who has been removed from office; it also provides for the removal of the chairperson or a member of the office in this particular institution.
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21 Feb 2012 in National Assembly:
Mr. Speaker, Sir, I would like to move all the way to Clause 14, which is on the guiding principles that must be adhered to as the Commission carries out its mandate. These include non-partisanship and so forth. As provided for under Clause 16, the Authority shall issue guidelines to State organs, or public entities, for the preparation of transition implementation plans. This is important because each entity will have to prepare a transition plan on how it will intend to move from a centralised system to a devolved system. So, this is critical. It is mandatory. It is a ...
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21 Feb 2012 in National Assembly:
Clause 17 deals with the staff of the Authority and other appointments that may go with it. Clause 18 deals with the oath of office. Clause 19 deals with the election of the vice-chairperson. Under Clause 20, the Authority can also create various committees and co-opt members into those committees where, perhaps, they need some specialised skills.
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21 Feb 2012 in National Assembly:
Speaker, Sir, as hon. Members look at what is expected in terms of the functions, criteria and even the phases that we have to go through, which are part of the Schedule to this Bill, they will realise that it is a highly technical Authority and, therefore, it will require a lot of expertise from different areas. Article 23 says that the Authority shall identify its functions which may be transferred to the County Governments immediately after the first elections under the Constitution. Mr. Temporary Deputy Speaker, Sir, after the first elections, it is clear that County Governments will have ...
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21 Feb 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I can respond in, at least, seven minutes, so if they can have a minute it, it is okay, starting with Mr. Njuguna. You will handle the rest!
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21 Feb 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I will just start at the point that hon. Konchella has left and draw the attention of hon. Members to Article 15, on page 127. This Article very clearly states that the Commission for Implementation of the Constitution should pursuant to Section 15(d) of the Sixth Schedule of the Constitution, monitor and oversee the transition process to devolved government. So, that particular clause ensures that this is monitored at every level.
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21 Feb 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I heard hon. Mungatana raise an issue about Clause 10 on the schedule that deals with appointments. I would like to just plead with the hon. Member and the House, to remember that we have landed into problems with some of the other Bills where a certain timeline has been put in place, and then there is no room for extension and have to wait for them it to come back to Parliament, for that amendment to be put in place. So, we were trying to take care of that provision. Maybe when we say ...
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21 Feb 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I have noted the issues about the offences. I think we will discuss that with the Committee. When I started moving the Bill, I had tried to give a rationale behind the number of public officers, but I will just recap. The whole idea where it might look like it is top-heavy on the Executive is because we realized that these Ministries, looking at the structure of the Government, are going to be very fundamental in terms of the devolution of assets. If you look at the Office of the President, for instance, we were ...
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