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{
"id": 1571712,
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"text_counter": 218,
"type": "scene",
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"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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"id": 1571713,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1571713/?format=api",
"text_counter": 219,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Agnes Pareyio."
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"id": 1571714,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1571714/?format=api",
"text_counter": 220,
"type": "speech",
"speaker_name": "Narok North, JP",
"speaker_title": "Hon. Agnes Mantaine",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker, for this opportunity to contribute to the Constitution of Kenya (Amendment) Bill. This Bill will help the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1571715,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1571715/?format=api",
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"type": "speech",
"speaker_name": "Narok North, JP",
"speaker_title": "Hon. Agnes Mantaine",
"speaker": null,
"content": "people we represent by making sure they continue to receive NG-CDF money. This is not money meant for the Member of Parliament. This is money that has made a difference in our constituencies. It is seen as if it is the Member of Parliament uses the money, yet the Fund is run by a management committee with a Fund Manager. Public service officers and the community monitor its use. We receive messages on our phones from students who are unable to sit their examinations, because they know NG-CDF money is meant for them and it can support them in their education. So, I support the Bill. If it were not for this money, most schools in my constituency would now have been closed for lack of toilets. The community knows they can get the money. We must make sure that we have quorum to support this Bill and the make sure this money remains with the people at the constituency level. I also support women on NGAAF. I sympathise with them because the area they serve is very huge, the whole county. I see Woman Representatives donating water tanks, tents and bursaries but the money they get is little. They still make sure the use of the money is felt in their counties. The money is not enough. More money should be added to the Fund. Women in our constituencies and counties feel the effect of this Fund. NG-CDF and NGAAF are meant for the people, not for Members of Parliament. We should come out in large numbers to get the quorum to pass the Bill. Thank you. I support."
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"id": 1571716,
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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Very well. Member for Kanduyi, Hon. Makali."
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"id": 1571717,
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"type": "speech",
"speaker_name": "Kanduyi, FORD-K",
"speaker_title": "Hon. John Makali",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker, for the opportunity to also weigh in on this Bill. First, I thank the people who thought of establishing NG- CDF, particularly Sen. Karue. I also thank my senior colleagues Hon. Otiende Amollo and Hon. Chepkonga for sponsoring this Bill."
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"speaker": null,
"content": "(Hon. Raphael Wanjala consulted loudly)"
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"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Wanjala, you are totally out of order."
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"id": 1571720,
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"type": "speech",
"speaker_name": "Kanduyi, FORD-K",
"speaker_title": "Hon. John Makali",
"speaker": null,
"content": " Hon. Temporary Speaker, the Constitution is a living document. Article 95 of the Constitution gives us power to discuss issues touching on the people, who have granted us sovereign authority. Members of Parliament sit to represent the people. This Bill seeks to entrench the three funds in our Constitution. Why are we here in the first place? This Assembly and NG-CDF Board have been subjects of various disputes in court challenging the Fund. If a court declares a fund unconstitutional, who has the responsibility to make it constitutional? Under Article 256 of the Constitution, under which this Bill has been brought, we have power as Members of Parliament to make what is unconstitutional to be constitutional. By discussing this Bill, we are basically doing our part in making what the courts have declared unconstitutional to be constitutional. Arguments have been made that the NG-CDF Act offends the doctrine of separation of powers. I wish to submit before this House that there is no absolute doctrine of separation of powers. This House has powers to make laws that would give meaning to what the people have sent them here for. I submit before this House that even the Judiciary, as much as it is given the role of interpreting laws, also has a Judiciary Fund and it executes projects. So, there is no absolute doctrine of separation of powers. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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{
"id": 1571721,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1571721/?format=api",
"text_counter": 227,
"type": "speech",
"speaker_name": "Kanduyi, FORD-K",
"speaker_title": "Hon. John Makali",
"speaker": null,
"content": "In pushing this Bill, we formed NADCO, which sat and took views from Kenyans. Kenyans were very clear that we needed to entrench these funds in the Constitution. Therefore, in passing this Bill, we are doing nothing outside the law. We are simply fulfilling the wishes of Kenyans whom we represent here. As it is emblazoned in the House, we are here ‘for the welfare of society and the just government of the people’. Article 10 of the Constitution provides national values. Some of the national values are inclusion, equity and public participation. We took this Bill to all the 290 constituencies and 98 per cent of Kenyans said we needed to entrench this Fund in the Constitution to give naysayers a break from taking this Assembly and the Board to court every time. There is no part of Kenya which is excluded from this Fund. We are giving effect to inclusivity and ensuring accountability. One of the critical things in this Fund is public participation at the grassroots. We used to have Focus on Rural Development during the Moi era, which failed. This is the only Fund on which public participation is conducted at the grassroots level and people give their views on the development they want. Two agencies have been fighting this Fund; the Council of Governors and the civil society. They have taken many matters to court, which we have been able to participate in. Their argument has been that we want to create a third level of funds. They say that there are only two levels of disbursement of government funds, that is, the national government and the county governments. We need to disabuse the notion that funds allocated to NG-CDF are funds meant for county governments. These are funds allocated for national functions. NG-CDF funds finance national government functions. Therefore, there is no overlap at all. There has also been a misnomer that these funds are like loose change and pocket money for Members of Parliament. That is not true. Members of Parliament are far removed from the Fund. This Fund is domiciled in the National Treasury and there is a board that manages it. There are NG-CDF committees at the constituency level and Project Management Committees (PMCs) at the community level. This Fund is not loose change for Members of Parliament as it has been indicated. Members only conduct oversight to ensure these Funds are spent in a better manner so that they are not misused. They also oversee how the projects are being done. Therefore, the only contact with this particular Fund by the Members of Parliament is for purposes of oversight. Finally, Hon. Temporary Speaker, in amending the Constitution, we are simply giving effect to the wishes of the Kenyan people who sent us here. The public participation process clearly indicates that 98 per cent of Kenyans wanted entrenchment of these Funds in the Constitution. With those few remarks, I beg to support this constitutional amendment. I urge my colleagues to stand up to be counted, and vote for this constitutional amendment that assists not only the poor people, but it cuts across the entire Kenya and assists both the underdeveloped and developed areas so that we can have equity in our national development ethos as we move on as a country. I support this constitutional amendment. Thank you."
}
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