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{
"id": 1522172,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522172/?format=api",
"text_counter": 178,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "MOTIONS"
},
{
"id": 1522173,
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"text_counter": 179,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "ADOPTION OF REPORT ON PETITION ON DISCRIMINATION IN PAYMENT OF HARDSHIP AND ENHANCED HOUSE ALLOWANCE TO TEACHERS IN KILIFI AND TAITA TAVETA COUNTIES"
},
{
"id": 1522174,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522174/?format=api",
"text_counter": 180,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Education on a Petition to the Senate regarding the discrimination by the Teachers Service Commission (TSC) on payment of hardship and enhanced house allowances to some teachers in Kilifi and Taita Taveta counties, laid on the Table of the Senate on Tuesday, 8th October 2024."
},
{
"id": 1522175,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522175/?format=api",
"text_counter": 181,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "Thank you."
},
{
"id": 1522176,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522176/?format=api",
"text_counter": 182,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "Madam Temporary Speaker, the Petition concerning the discrimination by the TSC on payment of hardship allowance and enhanced house allowance to some teachers in Kilifi County was reported to the Senate on 27th, July 2023, while the Petition on discrimination on payment of hardship allowance to some teachers in Taita-Taveta County was reported to the Senate on 20th, September 2023."
},
{
"id": 1522177,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522177/?format=api",
"text_counter": 183,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "After they had been reported, both Petitions were referred to the Standing Committee on Education for consideration. During the consideration of the two Petitions, the committee held 11 meetings and sought information and reports on the issues raised by the Cabinet Secretary of Public Service and Human Capital Development, the TSC, and the Salaries and Remuneration Commission (SRC)."
},
{
"id": 1522178,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522178/?format=api",
"text_counter": 184,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "The committee further conducted an oversight visit to Taita-Taveta County to meet with the petitioners. During its enquiry, the committee observed that both Taita- Taveta and Kilifi Counties are characterised by a shortage of health personnel, inadequate critical working health equipment, infrastructure, health products and technologies. It was also observed that there have been frequent disputes arising from human-wildlife conflicts, land disputes and human encroachment in riparian areas."
},
{
"id": 1522179,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522179/?format=api",
"text_counter": 185,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "In Magarini and Ganze sub-counties of Kilifi County, which borders the Tsavo East National Park, elephants have been reported to invade crop farms, causing significant damage to crops and leading to food insecurity in these areas. Additionally, the elephants camp near water sources, hindering access, and additionally, teachers in Taita-Taveta County reported experiencing poor communication and disruption of phone networks from the neighbouring countries. Hardship allowances were introduced immediately after independence to partially compensate public servants working in hardship-designated areas and also to compensate public servants due to isolation and separation from their families. These allowances were further provided to compensate for the lack of amenities, infrastructure and challenging environment. 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": 1522180,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522180/?format=api",
"text_counter": 186,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "Further, the Teachers Service Commission (TSC), informed the Committee that the Commission has no legal mandate to gazette any area as a hardship area. However, under Regulation 9.1 of the Code of Regulations of Teachers, the TSC is mandated to pay hardship allowance to teachers who qualify or in designated areas. Madam Temporary Speaker, the mandate of classifying the gazetting hardship areas rests with the Ministry of Public Service and Human Capital Development following a weighted criterion. This criterion is based on parameters such as availability and accessibility of food, potable water, social service and amenities, adequacy of transport and communication services, and socio-economic indicators. The Committee observed that there exists diverse and varied policies, circulars and guidelines concerning the designation of hardship areas and payment of hardship allowance. There has been an attempt to address challenges regarding the categorisation of payment of hardship allowances and to ratify existing disparities. The Ministry of Public Service and Gender established an Inter-Agency Technical Committee in 2019, which was tasked to examine policies on hardship allowances and streamline payment. This Inter Agency Technical Committee is comprised of representatives from the Ministry of Public Works and Human Capital Development, Ministry of Interior and Coordination of National Government, Ministry of Education, the National Treasury and Planning, the Judiciary, Public Service Commission, Teacher Service Commission, Commission on Revenue Allocation, Kenya Bureau of Statistics and the Council of Governors. Madam Temporary Speaker, on the question of payment of house allowance, the Committee observed that according to Article 230 of the Constitution, the Salaries and Remuneration Commission (SRC), is mandated to advise the remuneration and benefits of public officers, including teachers. On such benefit, it is house allowance that is provided to public officers to cater for accommodation or rent, in addition to the wages or salaries of the employee pursuant to Employment Act 2007 Section 31.1. Teachers under permanent and pensionable terms are paid house allowance based on the job group, working conditions, status, town and geographical area. The Urban Areas and Cities Act of 2011, provides a framework of classifying areas as urban areas, towns, cities or municipalities. To elevate a municipality to city status, the President can grant this through a charter following a resolution from the Senate, provided the municipality meets specific criteria. An area may also be designated as a special purpose city under the Act if it holds significant cultural, economic or political importance. For a town to be conferred with municipal status, the county assembly must pass a resolution and the county governor can then grant this status through a charter, provided the town meets established criteria. The set-out criteria and obligations include meeting the population quota, produce an integrated development plan, have demonstrated revenue generation and collection potential, have capacity to effectively and efficiently deliver essential services to residents and have adequate infrastructure. Madam Temporary Speaker, despite the clear framework of classifying and upgrading urban areas outlined in the Act, there was a delay in implementing related 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": 1522181,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1522181/?format=api",
"text_counter": 187,
"type": "speech",
"speaker_name": "Sen. Betty Montet",
"speaker_title": "",
"speaker": null,
"content": "administrative actions. For instance, while Kilifi Township was officially gazetted as a municipality in March 2019, the SRC did not provide advisory on the house allowance payable until July 31st, 2023. This gap highlights the lag between the enttachment of legislative. Further, the criterion of designation of hardship areas in the county has not been standardised across the entirety of the public service and is characterised by multiple sector players. However, the designated hardship areas do not reflect the extensive presence of remote areas and rural locations which surpass the number of other cadres in public service. Madam Temporary Speaker, while foregoing, the Committee on Education therefore recommends that the Ministry of Public Service and Human Capital Development should, in consultation with the relevant stakeholders, prepare and present to the Senate for consideration an appropriate policy and statutory instrument on identification and designation of hardship areas. The Committee further recommends that criteria for identification and designating hardship areas should be standardised across the entirety of the public service. The weighty criterion for designating these areas should be based on the smallest administrative units used in identification of marginalised areas. The Committee report also contains specific areas within the two counties that meet the criteria of designation of any area as a hardship area by the Ministry of Public Service and Human Capital Development and consequently, payment of hardship allowance to teachers working in those areas. As I conclude, I wish to sincerely thank all the stakeholders for that well- researched and articulate oral and written submissions on the issues raised in the two Petitions. The Committee specifically appreciates the Cabinet Secretary, Minister of Public Service and Human Capital Development and the Chief Executive Officer of the TSC, for their submissions during the consideration of the Petitions. Madam Temporary Speaker, I also wish to sincerely thank Members of the Committee of Education for their insightful contributions during the consideration of those Petitions and development of the two reports. We also want to thank your Office and the Office of the Clerk for the support extended to the Committee in execution of its mandate. I thank you, Madam Temporary Speaker, I beg to move and request Sen. Beatrice Ogola to second."
}
]
}