REPUBLIC OF KENYA

COUNTY ASSEMBLY OF LAIKIPIA

A Report of the County Public Accounts and Investments Committee on the Visit to , 14th to 18th July 2014

THIRD SESSION

19TH MARCH, 2015

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1.0 PREFACE The County Public Accounts and Investment Committee was established on 24th April 2014 and in consists of the following members:  Hon Peter Thomi -Chairman  Hon Michael Kinyua -Vice Chairman  Hon Catherine Waruguru -Member  Hon Jacob Endom -Member  Hon Rose Maitai -Member

The mandate of the County Public Accounts and Investment Committee has been stipulated in the S.O 185 and shall be as follows: 1. There shall be a select committee to be designated the County Public Investment and Accounts Committee. 2. The Public Investments and Accounts Committee shall be responsible for: (i) The examination of the accounts showing the appropriation of the sum voted by the County Assembly to meet the Public expenditure and of such other accounts laid before the county Assembly as the Committee may deem fit. (ii) The examination of the audited reports, accounts and workings of the County Public Investments. Whether the affairs of the County Public investments are being managed. (iii) To examine the report, if any of the Auditor General on the public investments. (iv) The examination, in the context of the autonomy and efficiency of the County Public Investments are being managed in accordance with sound financial or business principles and prudent commercial practices.

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2.0 ACKNOWLEDGEMENT

The County Public Accounts and Investment Committee extends its gratitude to the Speaker of Laikipia County Assembly, the office of the Clerk and the staff of the County Assembly for their continuous support, assistance, and commitment. The Committee also wishes to thank and appreciate the firm support of the Committee Members for the successful conclusion and compilation of this report.

The committee also extends its gratitude to the President, the Clerk, the Deputy Clerk and the entire for their hospitality and commitment in ensuring that the delegation was able to abide by the programme and learn about Tynwald and Isle of Man in general.

3.0 BACKGROUND

The County Public Accounts and Investments Committee embarked on a trip to the Isle of Man with the aim of visiting the Isle of Man Parliament-Tynwald to get an in depth understanding and identification of the public investments and systems that will ensure development in Laikipia County. The Committee also undertook the trip in order for the members to forge an integrated relationship with the Island being that just like Kenya, Isle of Man is part of commonwealth. The County Public Accounts and Investments was to attend a Select committee sitting to experience its proceedings.

The trip was organized through communication between the Speaker’s office, Office of the Clerk and Tynwald. The delegation to Isle of Man comprised of the following members:-

1. Hon. Peter Thomi- Chairman, County Public Accounts and Investments Committee 2. Hon. Micheal Kinyua- Vice Chairman, CPAIC 3. Hon. Jacob Endom-Member, CPAIC 4. Hon. Catherine Waruguru- Member, CPAIC 5. Hon. Rose Maitai- Member, CPAIC 6. Purity W. Kairu- Committee Clerk, CPAIC 7. Stanely Ngwiri- Driver, County Assembly

The members of Laikipia County Public Accounts and Investment Committee resolved to travel to the Isle of Man for a benchmarking trip and to experience how the Assembly in Isle of Man operates and how they have been able to experience development.

The delegation departed from the Jomo Kenyatta international Airport on Saturday 12th July 2014 after two stopovers one at Doha Airport and another at Manchester Airport, the delegation arrived in the Isle of man Airport-Ronaldsway on Sunday 13th July 2014 evening where they took a taxi to the hotel in Douglas, the capital and largest town in Isle of Man, where they would stay for the rest of their period in Isle of Man.

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Welcome sign at Ronaldsway Airport

The first observation that the members made on the arrival to Isle of Man was how different seasons are as compared to Kenya. During summer in Isle of Man there are long days and short nights. The members arrived at the hotel at around 7.00pm in the evening and by 9.00pm it was still light outside as if it was daytime. The members held a brief meeting where they expressed their joy on having reached there safely all the way from Kenya. They then discussed on the way forward and expectations of the coming days based on the program that they had received from Tynwald which is the Isle of Man Parliament.

4.0 HISTORY

The Isle of Man is also referred to as Mann, it is a self-governing Island under the British Crown and it is located in the Irish Sea between the islands of Great Britain and Ireland. Since it is under the British Crown, Queen Elizabeth II is the head of state and she is the . She is however represented in the Island by Lieutenant Governor but its foreign relations and defense are the responsibility of the British Government. Between 1400 and 1765, the King who was ruling the Island was titled the Lord of Man.

National Symbols

Flag Court of Arms

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Traditionally, the Island residents conversed in Manx Language which is still used upto date; some schools in the island conduct their classes in Manx Language. The parliamentarians in Tynwald are also allowed to use Manx Language during debate; however, the individual has to translate his sentiments into English Language.

They were shown the sword of State whose origin dates back to 1400s. There has been 3 swords used so far since the sword was used as a symbol during the Viking Millennia.

In 1884, women were allowed to vote, which made the Isle of Man to be among the first Country/state that allowed women to vote. The residents also have a right to petition the King/Queen, making it the second state able to do so other than Arabia.

5.0 TYNWALD

The delegation assembled at the reception area of the hotel that they were staying in. They were met at the hotel by Mr. Jonathan King, the Deputy Clerk of Tynwald who welcomed the delegation to Isle of Man; he enquired on their well-being and also informed them that he was very glad that they had arrived there safely. The chairman then introduced the members of the delegation and expressed his gratitude to Mr. Jonathan King for his warm reception. The delegation left the hotel and took a walk to the Legislative Buildings.

Members with Mr. Jonathan King

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At the legislative building the Deputy Clerk showed the delegation around including his office and also introduced them to the members of staff.

Tynwald Building Mr. Jonathan King addressing the delegation

He also led them to the office of Roger Philips who is the Clerk of Tynwald and also serves as the secretary of House of King. The delegation was given a brief on the history of Tynwald, which according to the Clerk originated from the Vikings.

They were also informed that on that day the Isle of Man’s Youth Parliament would be holding a session that afternoon. The Clerk informed the delegation that the youth parliament consists of young people who are aged 16 years to 18 years old. The youth parliament meets once per year at Tynwald to get educated on the Assembly process as well as to pose questions and interact with the ministers.

They were informed that voting rights have been given to young people from the age of 16 years old. Tynwald is tricameral, and the is the high court judge.

The delegation made the following observations:

. Proceedings in the assembly are recorded through a voice activated software by the Hansard department. . Isle of Man also exports the technology to the Islands surrounding them. . Members of Parliament are also elected as independent candidates since there are no parties. These members are then appointed to form committees in the Assembly.

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The members agreed that a youth parliament could be organized in Laikipia to ensure that the youth in Laikipia feel more represented, and that they are included in important county matters. The youth will also be able to interact with their leaders.

5.1 Junior Tynwald (Isle of Man’s Youth Parliament)

During the parliament session, a presentation is made concerning a particular topic which has been raised. There are contributions by different people and questions are raised. The Madam President, who is in charge, gives direction and guidance to the youth, and she calls out the people who are to make contributions. This youth parliament imitates the main parliament in every sense. Each youth represents a different position in the parliament, for instance the position of acting minister; he then makes amendments to the motion.

The members then take electronic vote for any amendment to the motion i.e. Green to represent those who are for the motion and Red to represent those who are against. Results are reflected on a screen according to the sitting position of each person. On that particular day, there was a motion on assisted suicide which was opposed.

The process that a motion goes through in Tynwald is the same as that in Laikipia County Assembly i.e. Reading of motion, there is a mover, a person who seconds, then debate arises that includes amendments. The mover is then called to reply, then a question is put. The only difference is that voting in Tynwald is done electronically, and then members are divided in terms of council of ministers.

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Members of Junior Tynwald

After the Junior Tynwald session which the delegation attended, they were invited to have lunch and interact with the Madam Presidents, the Members of Tynwald and the young people. The members had an interactive session during lunch after which they were to get a briefing on the Manx Parliamentary System.

Members interacting with Madam Preside Members having Lunch

4.1.2 Briefing on the Manx Parliamentary System

The delegation gathered in a conference room for the briefing to be conducted by the Deputy Clerk. They were informed that Isle of Man was ruled by Vikings who set up Tynwald, in 1979 Isle of Man celebrated their millennium. Tynwald includes the , which consists of elected members who are voted every five years. It also includes the Legislative Council, which consists of members who are in directly elected by house of Keys. Tynwald Court is made up of the two groups joined together. There are no parties in Isle of Man political system, therefore there are no oppositions either. However, there are three members who have party affiliations. The Bishop is appointed by the queen to be in the Legislative Council.

There are 15 constituencies in Isle of Man but there are talks of reducing this number to 12. The main economic activities that generate revenue for the Island is tourism, manufacturing, e gaming and companies that offer financial services. Development has been experienced in the island due to favorable taxes that has enabled the residents to put up businesses.

The presiding officers in Tynwald are the Speaker and the President. The Chief Officer is nominated by Tynwald, and there are Sectoral and Select committees. The delegation was informed that web casting process had been set up recently.

4.1.3 TOUR

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After the delegation were briefed on the Manx Parliamentary System, they were taken for a tour around Tynwald building. The tour was meant to inform the delegation on the history of the Island.

The delegation was taken for a tour of the public building/gallery where they saw the portraits of former Speakers; they also visited the former chambers for previous legislations and Hansard productions.

The delegation was informed that all members use the same staff members, for instance researchers. They also visited the House of Commons, they were informed that in Isle of Man, they do not have public debt they therefore charge less tax.

The island also pays UK for some services, for instance military protection. The residents also hold UK passports but they are not allowed to work in the EU countries. The residents also visited the joint chambers where the House of Keys as well as the Legislative Council meet.

4.1.4 Briefing on Manx Legal System

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The delegation was then taken to the Legislative Building, while there they met the Attorney General at his Chambers who briefed them on the Manx Legal System.

The two bodies of Government often meet as a single body. An interesting fact that the delegation learnt was that in the Isle of Man, they do not have a speed limit. The residents have two major events which they celebrate annually, the Tourist Trophy Race (TT) Day Celebrations; and the ( Manx day).

The last meeting organized for the delegation was the meeting with His Honor David Doyle, Her Majesty’s First Deemster and at the Courts, he is in the same capacity with a High Court Judge back in Kenya. The delegation was informed that there are about 90,000 residents and there are three courts in the building while there are other two which are located outside. The island operates under the Common Wealth jurisdiction; they have separation of power which works well since the Chief Minister and the Chief Justice are able to interact.

The delegation was informed that in the first court, there is no Jury; the second Jury court has 7 Jury members and also a video link for witnesses; in the third court, multiple defendants are allowed and there is a Jury.

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There are record dating as far back as 1552 up to 2003 showing judgments made on cases. The Island emblem of three legs is found everywhere across the whole island. The delegation was quite impressed with what they had learnt about the Isle of Man during that day, they were quite eager about what they would learn during the next day as they left the Courts and proceeded to their hotel.

The delegation arrived at Tynwald at the stipulated time; they were to go through a pre-brief for siting of Tynwald Court led by the Deputy Clerk Mr. Jonathan King. They then proceeded to the Tynwald Chamber where they watched the beginning of plenary sitting. The delegation observed that a leave of absence is read at the beginning of proceedings, then the Bills that are ready for signature are also read.

5.1.1Briefing on Hansard

The delegation then proceeded to the Hansard Suite, for a briefing on Hansard led by the head of Hansard.

They were informed that Tynwald meet once per month though sittings could extend to two or three days. The House of Keys meet simultaneously every Tuesday and the Hansard team is there to make recordings. The Hansard team also record sittings of select committee when they take public evidence, for instance the scrutiny committee. The delegation were informed and observed that;

 The department staff do not transcribe manually, they have a voice recognition software which they use for recording. The software has the members’ voices saved so in the session, they just select the voice of a particular individual whenever they speak.  There is also a transcription tool in form of a foot pedal, which is used for digital recording of the audio proceedings. This pedal ensures that the hands are left free for typing.  The Isle of Man residents can listen to the proceedings live on the Tynwald website and on Manx Radio.

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 The department staff also tweet feed on the website live as the proceedings are going on. The delegation was quite surprised when they were informed that there is no local television channel on the Island, therefore there are no local television productions.  The website, Manx Radio, Local Newspapers and Tweeter feeds are used to reach the local public.  The information service is in charge of uploading information that is found on the website.  Each committee clerk is in charge of putting committee information on the website.  They use the Style book for guidance. This is a book that stipulates on how to write Hansard material.  The Isle of Man export Hansard Materials to their neighbors. For Gibraltar Island Hansard, they upload the audio to their website then send it to Isle of Man for Transcription. They also transcribe Hansard materials for Island of Alderney and the Island of Guernsey.

The delegation thanked the head of Hansard for welcoming them and informing them on the Hansard process. They then proceeded to the Tynwald Library where they were to meet the Head of Chamber and Information Service.

5.1.2 Tynwald Chamber and Information Service

The Head of Chamber and Information Service was quite welcoming and friendly and she welcomed the delegation to the Library. She informed all the members present that the library is open to the public.

The library also runs a gift shop and people also come there to get information including direction. The library was making a switch to digitize their records such that the 1887 Hansard documents were available digitally.

In the library they mostly store copies of chamber business and copies of reports of the Government, i.e. the Legislature and the Executive, that consist of primary legislations and

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The delegation was also informed that when it comes to school attendance in the Island, education is free and compulsory for children aged between 5 years and 16 years, education is free but not compulsory for 16 to 18 year olds. The delegation members thanked the Head of Chamber and Information Service to taking time to show them around the Library, and then they left for the day.

The delegation was scheduled to make a courtesy call on H.E the Lieutenant the Governor at his office. A taxi had been organized to take them to the Government House which hosts the Governor’s office.

They reached at the Government House where the Governor was waiting for them and he welcomed them with a cup of tea. He informed them on the aspects of the way the Government works, legislation is quite important. Isle of Man is not keen on party politics AThe members of the delegation were thrilled to know that the Governor has been the High Commissioner for United Kingdom in Kenya two times.

He said that the transition from a strong presidential system to devolved systems may present challenges to Kenya and a risk of conflict; however the delegation assured him that it was challenging but Kenyans will make it work. The checks and balances that is the assembly will also ensure development in Kenya. The executive members who are appointed form outside the Assembly is also a positive thing and reduces political conflict. The Governor also urged the members in the delegation to enhance education especially for women and girls in Kenya since

13 this is a sure way of progress. The meeting with the Governor was quite interesting and the delegation was quite happy, they were then ready to leave and proceed to the Government Office to pay a courtesy call on the Chief Secretary, and the Head of Crown and External Relations Division.

6.1 Courtesy Call on Chief Secretary, and Head of Crown and External Relations Division.

When they got to the Government Office, the Chief Secretary informed the delegation that the Members of Parliament sit in the Assembly with the ministers as observed the previous day when they attended a plenary sitting.

He enquired on how the ministers are held accountable in Kenya, he was informed that the ministers are invited to attend committee meetings and also through the motions that are passed in the Assembly. The relations with the central Government through devolution is through Senators, both elected and those nominated, and the Governors.

Isle of Man has the oldest continuing government/ Parliament structure in the world although there has been changes experienced through the time. They had to restructure the Government to ensure that they drive forward economic growth and diversity. Consensus has been experienced in the Island due to lack of party politics, this has also led good financial management that has contributed to economic growth of 4% since about 30 years ago. The island offers a training course on financial regulations (Small Countries Financial Management Course) for about 30 young people from developing countries; this training course is conducted in conjunction with World Bank and Oxford University.

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The Chief Officer informed the delegation that the President is elected by Tynwald; she is nonpolitical and serves for a term of 5 years just like the members. The Island also imports key professional experts, they also have an open policy which they use to invite these experts to go work there, and they are then given work permits.

Members at a street in Douglas

6.2 Parliamentary Services

There was also a presentation on Parliamentary Services where the delegation was informed that in 1979 the Island celebrated the millennium. While the treasury has about 5 Million UK Pounds, some of the money is used in the office of the clerk to pay the members of staff. The Island has no deficit they therefore do not have any debt.

They are able to pay the police, hospital schemes, department of home affairs and the infrastructure which is in charge of running Government properties. They use 38,771 Pounds per annum with 6,575 Pounds being used on expenses like staff payment and travel allowances. The Chief Minister earns a basic salary plus 80% of his salary; Committee chairmen earn basic salary plus 40% of the salary; the Speaker earns basic salary plus 60% of his salary; the President earns basic salary plus 50% of her salary; treasury Officials earn basic salary plus 40% of the salary; Members of departments earn basic salary plus 30% of the salary; ministers earn basic salary plus 50% of the salary. 260,000 Pounds is spent on Legislature, 75,000 Pounds on Hansard while 191,000 pounds was spent on Tynwald day which was on 5th July 2014. During this day, they promulgate the law of 12-18 months of royal ascent. They invite special guests from other regions like Norway, Ireland and United Kingdom. They visit the legislative building and perform Viking reenactment. By the end of the function, 480,000 Pounds are returned to the treasury.

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The staff members relate well with each other, there are 26 full time staff and messagers who double up as security guards. The Tynwald Administration Office is in charge of committees, accounting and Administration.

After lunch the CPAIC chairman was scheduled to give a speech to the Members of Tynwald including the ministers. In the speech he gave them information on the government setup of Kenya and specifically of Laikipia County. The members of Tynwald were quite interested in the information on Kenya, they were quite curious and they asked a lot of questions on Kenya.

6.3 Briefing on Public Accounts Committee

The delegation was informed that the committee has been in existence since 1980, and they have about 2 million Pounds in reserves. The committee needs to be independent and should work with the Auditor General to write impartial reports. Internal Auditors attend committee meetings and write report on misappropriated funds, the reports are then submitted to the Public Accounts Committee.

The scrutiny committee is mandated to look into the areas that have been addressed in reports. There are 5 members who are in charge of the committee; they hold 2 sittings to respond to the report after which it is tabled in the Assembly. The delegation left Tynwald at the end of that day having learnt a lot about the Isle of Man.

The delegation arrived at Tynwald Building the next day eager to learn more, they were to begin by having a pre-brief for private meeting of Select Committee on towed Caravans after which they would attend a private meeting. The Select committee had been mandated to investigate on whether or not the Island should allow towed caravans to be brought in the Island. In the meeting, the select committee had invited three officials who had expert information that would assist the committee make a decision. The three officials were interviewed in the sitting but the committee was yet to make their recommendations.

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After the meeting, the delegation was led to the House of Keys Chamber; the Deputy Clerk thanked the delegation for having visited Isle of Man. There was also a photo session and everyone from the delegation was presented with certificates.

The delegation then proceeded for a scheduled lunch with the , the Clerk and the Speaker of the House of Keys. The lunch was both exciting and delicious as the members of delegation sampled the different food that is available in Isle of Man.

The President engaged the delegation on different topics including the Assembly set up in Laikipia, the social and the political situation in Kenya and the major difference there is from Isle of Man.

7.1 OBSERVATIONS

The delegation made the following observations:-

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1. There is no corruption in Isle of Man, the residents are dedicated to their work and all duties are conducted in a manner meant to safeguard Government resources. 2. The Island citizens are not interested in politics since they do not need to hold such positions. 3. The Island has successfully encouraged diversification of its economy in a wide range of sectors including Aviation, Maritime, high tech manufacturing, financial services, e- business, e-gaming, tourism and retail. 4. They do not have a written constitution to ensure accountability but the leaders are always accountable. 5. The economy is good, level of poverty is low, there is proper planning, health services are free since public funds and crime rate is low. 6. The employees in government offices are few and they are hard working. This has greatly reduced the island’s wage bill. 7. Financial services like banking; manufacturing; ship management and private jet registry are the biggest income earner for the residents. 8. The Island is quite secure as compared to Laikipia County which spends a large amount of its revenue on ensuring security. The leaders in the Island are also able to move about in town without getting disturbed by passersby. 9. The Island has a population of about 80,000 residents in comparison, Laikipia County has a population of about 400,000, and the huge population presents challenges of decent service delivery by the Government. 10. There is no party politics in Tynwald as compared to Laikipia County Assembly where every member of the house belongs to a political party. 11. The Bishop in Isle of Man is included in the assembly sittings; in Laikipia County and Kenya in general there is separation of state and religion. The separation of state and religion is emphasized in Kenya due to the different religious affiliations of Kenyans since there are Christians, Muslims, Hindus and Traditionalists. 12. In Isle of Man the president, as well as the Speaker can walk to anywhere in town without being disturbed by anyone. This is unlike in Kenya where the leaders cannot walk in town undisturbed. 13. In Tynwald, there is separation of politics from economic development. This is quite vital since it ensures that the leaders concentrate more on development. - Most motions and questions in Tynwald are geared towards economic empowerment. The members in Tynwald downplay anything that does not add value to the Island residents. 14. The sittings of Tynwald youth parliament was quite informative since they provide a plat form for the youth to get involved in matters of public interest. The sittings are also important since the youth also act as checks and balances for their leaders. 15. The delegation noted that unlike in Kenya, there are no young people elected to Tynwald due to the fact that they do not vie for the positions.

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The constitution in Kenya has ensured that the young people and women are appointed to public positions if not elected. 16. The Hansard department in Isle of Man is quite organized and technologically savvy. In Laikipia County Assembly, they have embraced technology but not to a large extent. The Hansard department in Isle of Man also export their Hansard materials to the neighboring Islands. 17. The Island has not yet set up a local television channel to provide live streaming of the procedures just like in the Laikipia County Assembly. 18. The delegation was fascinated by the fact that there are no beggars in Isle of Man or people who bother politicians.

7.2 Interview with Tynwald Media Advisor and Interview with Manx Radio (tbc)

The delegation held interviews concerning their experience in Tynwald and Idle of Man in General.

When the delegation met with representative from Manx Radio, she was introduced to all members present after which she posed the below questions including why they were there in Isle of Man; how the visit come about; the activities they had been engaged in for the period they were in Isle of Man and whether the visit was valuable; the difference between Kenya and the Isle of Man; the political issues facing Kenya; whether the visit to Isle of Man had been worthwhile; how the sitting of the youth parliament and the sitting of Tynwald had been; how well Isle of Man Island was known in Kenya; and the vision that the leaders had for Laikipia residents when they were seeking election.

8.0 TOUR OF THE ISLAND

The members were ready for the day ahead as they assembled in the hotel reception for tour of the Island which was to include Tynwald hill (St John’s) and the Old House of Keys (Castletown).

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Members at Old House of Keys

Members in the Coal engine train and a railway station

Isle of Man’s freedom monument and the park

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9.0 RECOMMENDATIONS

Based on the observations that the delegation made, they had the following recommendations:-

1. The County Government has to get a way of engaging the youth in positive projects as a way of involving them in public participation. 2. The County Government has to ensure public funds are safeguarded so that the residents can be provided with necessary amenities like health care and high educational standards. 3. The County Government has to ensure that they encourage investments by the private entities by providing a positive business environment which will lead to development in the County. 4. The cases of corruption and crimes have to be dealt with strictly to ensure that investment in Laikipia County is enhanced and there is proper accountability and protection of public resources. 5. The County Government has to ensure that the residents are provided with employment opportunities to reduce cases of crimes including those involving misappropriation of public assets. 6. All County Government projects must be geared towards ensuring development, protecting public resources and investments. 7. The number one priority for the County Government should be provision of quality services to the residents, proper planning of projects, and reduction of the poverty level. 8. Laws on corruption should be enforced to ensure that corrupt officials are dealt with accordingly.

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