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"id": 1496872,
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"speaker_name": "Sen. Cheruiyot",
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"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
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"content": " Mr. Speaker, Sir, I beg to move that the Public Fundraising Appeals Bill (Senate Bills No.36 of 2024) be now read a Second Time. This is a very interesting Bill. You will recall that earlier this year when we had challenges in the country, there are many things that citizens brought to our attention about what was not right. There are things that they felt that as leaders generally, we need to address and find a long-lasting solution to. There are many things, which they told us as a leadership in Parliament and also for those in the Judiciary. I have subsequently seen that almost all organs of Government have tried to administratively respond. I know that there have been changes in the members of the Executive even by conduct, presence and those changes are continuing. In the legislature here, there are certain Bills that we have considered. There is still a lot to be done. Let us not lie to ourselves. This morning when I came to the office, part of the things that I read through is a Motion that we passed here after the invasion of Parliament on the 25th of June. I was thinking through what we have succeeded in doing, so far, and what have not. To our credit, many of the things that internally we needed to do as Parliament are in the process midway. Various committees are considering if it is matters of inclusion, our National Cohesion Committee. For example, is doing a holistic study of the report of the establishment of the entire Public Service and seeing which are the communities that are extremely marginalised and which are the parts of the country that feel left out. Part of the complaints that we had at that particular time is that there are parts of the country that felt that they do not belong to this Republic. We had asked our National Cohesion, Equal Opportunity and Regional Integration Committee to look even into the dodgy question of how public recruitments are done and whether it is possible by policy to dictate and guide where this is done. Parliamentary Service Commission (PSC) by the way, you know many times Parliament does not get sufficient credit. However, I know for a fact, for example, that this PSC of ours, perhaps because of all the things that people report about us, they may not reflect and think deeply that there is anything good that comes out of Parliament. Anytime there is a recruitment exercise - I say this with full benefit of having served as the Chairperson of Staff Welfare for five years in the last session of Parliament - you are presented with a report of general representation of the country, given that there are citizens from all the 290 constituencies and breakdown also by tribe, by religion, so that even as you do your recruitment, we have what is called the 70-30 rule as a policy. I challenge anybody to check the recruitment policy of PSC where 70 or 80 per cent is done on merit, where the candidates that appear before us, make it by having been the best. That is why Parliament attracts the best talent. You can see that in the reports The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1496873,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496873/?format=api",
"text_counter": 95,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "that we get here and the quality of the technical staff that we have assisting us as legislators. Mr. Speaker, Sir, 30 per cent is on something called the affirmative action. That is a point where you include People Living with Disabilities (PLwDs) and regions that are least represented. This policy is so specific. We fine-tuned it to include it even in programmes that we run. I will give you another example. You know for a fact that Parliament of Kenya runs an internship programme for our young lawyers. They come here to intern and we pick the best. That programme is so specific because we cannot get 47 students at ago. I think we normally pick 14 or 15, I am not sure, but a number like that. Once a particular county has presented a candidate for that programme, they have to sit out until the rest of the country has had an opportunity. I was just citing examples of part of the work that is being undertaken by, say, our committee on National Cohesion, Equal Opportunity and Regional Integration on the topic of inclusion. There are many other things that we have been asked. There are many things that Kenyans still expect us to do better. I do not see Sen. Roba today here, but you know that part of our recommendations was an audit of the public debt done internally by us as Parliament with recommendations made on how this can be better managed so that we do not have haphazard figures being splashed here and there. What is it that we paid last year? We know that part of the reason why we are having economic challenges in the country is because at 70 per cent debt to revenue exposure, most of the revenue that we are presently collecting, this revenue that many people are complaining about is actually funds that we have already consumed, 70 per cent. Therefore, for every Ksh100 that Kenya Revenue Authority (KRA) collects, 70 per cent is being used to service debt. We had asked our Finance and Budget Committee to look into that and perhaps guide the country for the country to appreciate what needs to be done in that particular space. So that is work that is pending that Budget and Finance Committee needs to review. We have even the issue of the wage bill and the cost of running Government that stands at an astronomical. I think it is at Kshs1.6 trillion per year; paying salaries and operation and maintenance. We had said that there must be deliberate efforts by the Executive to bring down the cost of running Government. The beauty with a budget, it is so open and plain, there is nothing to hide about it. It is either being done or not done. What do we expect of our Budget and Finance Committee? Sen. Faki is here. I do not see Sen. Roba, but probably there are other Members of that particular Committee. Eventually when they file that report, they will tell us whether National Treasury has complied. They are living up to the Presidential Proclamation that was made at that time. The President promised the country that indeed we will make deliberate efforts to bring down the cost of running Government. We need to see as a legislature and the oversight arm of Government, that there is that policy. Are there parastatals, for example, that are being merged? Is there a deliberate effort to bring down the cost of wages by ensuring that you rationalise staff personnel across? I want to believe that there are Ministries, which either are over- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1496874,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496874/?format=api",
"text_counter": 96,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "enrolled and that there are people who sit in office, but find themselves not doing as much as they could. On the other hand, there are other Ministries that are understaffed. We do like you do in any organisation, rationalisation of ensuring that you deploy, move others from this arm to the others. Therefore, there were deliberate efforts that we promised the country that we were to take as the Legislature. Mr. Speaker, Sir, there is more that was supposed to be done by the Executive, which I want to believe that part of the statement that the President will be laying next week when he addresses the country here in Parliament is how that is being achieved. Moving on, this Bill is part of the public pronouncements and requests. Kenyans told us that if we do not keep an eye on how harambees and public fundraising appeals are done and administered, why they are being called in the first place, then they run the risk of being avenues through which money is laundered. They risk being avenues for looting public resources and those resources finding their way to our political ecosystem. There is nothing wrong with harambees. At some point, many of us in this House have requested for appeals for funds from communities and friends when we have a sick relative or have lost beloved one. Many of us in this House went to school through fundraising because that is a common thing we do in our villages. I do not think there is anything inherently wrong with harambees. I took time to listen to what we were being told at that particular time; you must establish a mechanism through which we keep track of people who make donations. You can also keep track of whether many of these appeals end up achieving the purpose for which they were sent out to do, in the first place. The second and most important thing about them is the fact that Kenyans insisted that there is need to greatly demonetize our politics. That is to reduce the influence of money in our politics. Harambees have been used as platforms for political mobilization. Many times, people consider the biggest donor or that particular individual to be the most fit to be a leader. People did not like that we state and public officers participate or sometimes even organize fundraisers. The thing they were telling us is that Sen. Faki instead of coming to fundraise for me at Shimo la Tewa, go to Parliament and legislate and make sure that the Universal Health Coverage (UHC) works, so that we are all able to access Government services in our public hospitals. We do not need to appeal for any fundraiser. We felt it was a fair request. I do not know whether it is easy to achieve it the way people tell us. However, by our presence in the harambees, citizens feel that we need to provide, first, justification. They were curiously asking how come the biggest donors in the fundraisers are mostly the political class, either as political aspirants or we in office and other state officers, Chief Executive Officers (CEOs) and members of boards and parastatals. Could there be a link between these funds and the many funds that get lost as reported by the Auditor- General? Yesterday Sen. Okiya Omtatah here talked about circumstantial evidence. You are in charge of goats and sheep. For example, they were 100, but later on, there are 90. They may ask, but you say that you do not know where 10 other goats have gone. However, they can tell the smell of goat meat coming from your mouth. What are they likely to conclude? What decision can they make with regard to that? The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1496875,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496875/?format=api",
"text_counter": 97,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "There was a big conversation about how we regulate and provide an environment where harambees are not banned. There is a good measure of control. We went out and sought public opinion. Mr. Speaker, Sir, somebody from the Secretariat spoke to me today. Curiously, you may want to take time to read through the memoranda that Kenyans sent. However, it may not reflect what was being said at that particular time. What people were saying is that they do not want us in public fundraisers. Now there is a proposed law before Parliament. Many people were sharing clips about a certain politician carrying money, including the church and other things. This time round, when they sent their memoranda, they said something slightly different. Therefore, that is a question that we will need to answer another time. We have a Bill before us where we are being told the process through which you can regulate, including even the ones that are done at the village level. We have provided in the Bill, which I will go clause by clause. Reports will even be filed with our county assemblies, so that you can tell how many public fundraising appeals were issued in Garissa County in a particular financial year. Whether they achieved the purpose for which they were intended. Therefore, this is a good start. The Bill has 40 Clauses. Like I mentioned, the principal object is to provide and establish a regulatory mechanism at both national and county level to oversee the conduct of fundraising appeals to provide for licensing and regulation of fundraisers, the promotion of transparency and accountability in the conduct of fundraising appeals and also regulate the conduct of state and public officers in participation of public fundraising appeals and the administration of this legislation. This Bill has just begun its life in Parliament. The Senate is the first place where it is being considered. Kenyans have sent their views. I want to believe that now that this Bill has been formally moved, there is even bound to be more debate about it. Mr. Speaker, Sir, at a church that I attended last Sunday, where Sen. Wambua is a well-respected elder, that is African Inland Church (AIC) Ziwani, the bishop who I suspect is an employer of Sen. Wambua, is a good gentleman who preached quite an interesting sermon. The bishop spoke about excuses that people give for not giving. Some say that they are not sure how the funds are used by the administrators of a church. In concluding his sermon, he turned to me and said: “Senator, by the way I am aware there is a Bill before the Senate on the conduct of fundraising. I hope it will not be another reason for people not to give in churches.” I want to confirm to him and the country, like I did on that Sunday, as I move this Bill, that this is not an attempt to stop people from contributing in public fundraisers. There will be an opportunity for the region to contribute. However, more importantly, there will be an opportunity for non-state and public officers to continue fundraising. We may perhaps not agree. I have been told the committee will propose ways in which you regulate. Maybe the word “licensing” is a bit strong. Maybe notification will be important, so that you file a particular report on how this exercise is done and conducted. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1496876,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496876/?format=api",
"text_counter": 98,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "This Bill is replacing Chapter 106 of the Public Collections Act whose institutional architecture does not align with the devolved structures of the Kenyan Constitution and is not sufficiently robust to address corruption tendencies associated with public fundraising appeals. Further, the Public Collections Act excludes from its purview charitable and religious purposes, yet this forms a large component of harambees. Being specific to the point that I made, nobody is stopping fundraisers. They will be allowed. How they are conducted is the question at hand, especially the conduct of state and public officers like you and I. What is limit for participating in these fundraisers? It is not just us, but anybody aspiring to run for political office. The Bill is proposing that one cannot be allowed to do a fundraiser three years to an election. That applies to the rest of us too. If we pass this Bill as presently proposed, we will be barred from public collections of fundraisers or presiding over them. There are Members who are worried that if we stop them from doing fundraisers, we are giving a new advantage to their political competitors. I have seen the Senator for Kwale County, my good friend, Sen. Boy, worried that he is a state officer and if we stop him, his opponents will--- We are not stopping harambees, but only stating that public and state officers’ conduct needs to be checked. Nobody in the political space will bypass this law and survive its scrutiny so long as you are actively seeking for an election seat. Therefore, it is a level playing field. I remember what we were told at a certain time and agree with it. That if you to reduce corruption and have a better nation, reduce the influence of money in our politics. You do not need billions, Sen. Kavindu, for you to stand a chance to be elected in Machakos County."
},
{
"id": 1496877,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496877/?format=api",
"text_counter": 99,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Sen. Cherarkey spoke off record)"
},
{
"id": 1496878,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496878/?format=api",
"text_counter": 100,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "No, it does not mean that that is a case for everybody. Do not be too sure that what made them elect you in the last election is what they will consider in electing you in the coming election. It is good because you are hopeful. However, having more experience than you, I can tell you that every new election has new challenges. Mr. Speaker, Sir, the original spirit of harambee was that individuals will voluntarily contribute their resources in form of cash, although labour and other materials were also welcomed towards the provision of common good. The harambee motto in the independent Kenya became more than a motto. It symbolised the Kenyan unity, patriotism and most importantly, the future. I, therefore, propose to the House to take time to read through the Bill. If Members of this House and the public will tell us that we did not hear them correctly and want this practice to continue, we will do what they have asked us because we are humble servants of the people. However, this is part of the reaction to the request that was made to us at that time, which we must oblige and do. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1496879,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496879/?format=api",
"text_counter": 101,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "I will allow my colleague, the Senator for Mombasa County, Sen. Mohamed Mwinyihaji Faki, to continue expounding blow by blow on the other provisions of the Bill as he seconds. I needed to set the basis upon which this Bill is brought before the House so that we can make an informed decision. Sen. Beatrice, Kenyans will not look at us and say that we promised them that we will do, but when things were hot in the country, we never tried. I would rather let it be known that the Senate of Kenya presented the opportunity and chose how to conduct that space, but Kenyans through their representatives, chose otherwise. Mr. Speaker, Sir, with those very many remarks, I beg to move. I request the Senator for Mombasa County, Sen. Mwinyihaji, to second. I thank you."
},
{
"id": 1496880,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496880/?format=api",
"text_counter": 102,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Faki, proceed."
},
{
"id": 1496881,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1496881/?format=api",
"text_counter": 103,
"type": "speech",
"speaker_name": "Sen. Faki",
"speaker_title": "",
"speaker": {
"id": 13211,
"legal_name": "Mohamed Faki Mwinyihaji",
"slug": "mohamed-faki-mwinyihaji-2"
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"content": "Asante, Bw. Spika, kwa kunipa fursa hii kuunga mkono Mswada wa Uchangishaji Fedha wa 2024. Kwanza nampongeza Kiongozi wa Wengi kwa kuuleta Mswada huu katika Seneti. Ikumbukwe kwamba hapo nyuma kabla ya mzozo tuliokuwa nao katikati ya mwaka huu, masuala ya harambee yalikuwa kama mashindano. Wenzetu walikuwa wanaenda kwa harambee na magunia ya fedha. Wananchi wanaambiwa wahesabu na wanahesabu mpaka inafika shilingi milioni 20 hadi ile hesabu inapotea. Ukifanya utafiti wa tarakimu ambazo mchangishaji yule amewasilisha mapato yake ya kodi kwa Kenya Revenue Authority (KRA) mwisho wa mwaka, hana mapato ya shilinhi milioni 20. Hawezi kuonyesha kodi aliyolipa kutokana na mshahara wa kazi ama biashara iliyompatia hizo shilingi milioni 20. Kwa hivyo, harambee zilikuwa zimefika kiwango ambacho wengi wanazitumia vibaya. Ilikuwa ni mambo ya mashindano. Hatukatai hayo kwani hata dini yetu ya kiislamu inakubali watu washindane katika mambo ya kheri. Lakini ilikuwa imefikia kiwango ambacho inakejeli hata wananchi waliochangishiwa pesa zile. Katika muktadha huo ndio Kiongozi wa Wengi amekuja na Mswada huu wa ili kurekebisha na kutia nguvu masuala ya uchangishaji pesa. Bw. Spika, harambee zimesaidia nchi hii pakubwa kutoka wakati Hayati Mzee Jomo Kenyatta alipoanzisha mfumo huu wa maendeleo. Tumeona shule na hospitali zimejengwa na mambo mengi yamefanyika katika mfumo huu wa harambee. Kwa hiyo Mswada huu haunuwii kuua harambee, bali malengo yake ni kuleta usawa na uwazi katika masuala ya harambee. Pia kudhibiti mwenendo wa maafisa wa umma katika masuala ya harambee. Mara nyingi tumeona watumishi wa umma kama sisi wakialikwa kama wageni wa heshima katika harambee fulani, basi watachangisha nusu--- Kuna mkutano wa Nothern Frontier Province (NFP)---"
}
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}