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{
"id": 1572002,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572002/?format=api",
"text_counter": 223,
"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."
},
{
"id": 1572003,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572003/?format=api",
"text_counter": 224,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Raphael Wanjala consulted loudly)"
},
{
"id": 1572004,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572004/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Wanjala, you are totally out of order."
},
{
"id": 1572005,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572005/?format=api",
"text_counter": 226,
"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."
},
{
"id": 1572006,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572006/?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."
},
{
"id": 1572007,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572007/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Member for Bomachoge Borabu, Mhe. Nolfason Barongo."
},
{
"id": 1572008,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572008/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Bomachoge Borabu, ODM",
"speaker_title": "Hon. Nolfason Barongo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker, for according me this opportunity to also contribute in support of this constitutional amendment to ensure that we secure the gains that we have made as a country in terms of development. Hon. Temporary Speaker, last year, I had the good fortune of attending the 20th anniversary of the NG-CDF. To understand why this Fund is very important and must be entrenched in 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": 1572009,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572009/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Bomachoge Borabu, ODM",
"speaker_title": "Hon. Nolfason Barongo",
"speaker": null,
"content": "Constitution, we listened to a tale by the former Member of Parliament for Ol Kalou, Hon. Muriuki Karue, who got frustrated trying to get development for his constituency. Every time he went to the National Treasury and Economic Planning, he was told that his constituency will get development when the funds become available. His frustrations were arising from the fact that in his constituency, students were learning under trees. Today, schools in so many constituencies have dilapidated toilets. Some of these schools are threatened with closure because they do not have decent toilets. If we do away with NG-CDF, harambees will be back in full swing. We will now be required to conduct harambees to educate children, which is against the spirit of the Constitution. In Article 43, every Kenyan has a right to education. In Article 53, every child has a right to access free education and that education should be compulsory. Why should we take the responsibility of educating our children back to the public? The public right now is stretched financially. We are struggling. Kenyans are struggling to put food on their tables. It will be the wrong time to take away this Fund, which has subsidised education and assured Kenyan children of a better future. If we take away this Fund, most of the ills that have bedevilled this country will be back. We will be back to politicising basic services for mwananchi . The process of engaging the public in determining their priority projects in their constituencies is a constitutional requirement, and the current NG-CDF as constituted has been ensuring that the public have a say in the priority projects that have to be undertaken in their constituencies. The public spoke emphatically by giving their views on what needs to be done going forward. The courts have announced their position that NG-CDF is currently unconstitutional, and it is upon this House to now make a decision and correct the things that the court has raised so that this Fund is now entrenched in the Constitution and Kenya can continue to receive the development that ensures that there is equity across the land. Hon. Temporary Speaker, I encourage those Members who are not in the House today to make their way back to Nairobi and into the Chamber. Let us ensure the overwhelming support we received from the public regarding the entrenchment of this Fund into the Constitution becomes a reality this afternoon. For these reasons, I support this amendment. Thank you."
},
{
"id": 1572010,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572010/?format=api",
"text_counter": 231,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Member for Ndhiwa, Hon. Martin Owino."
},
{
"id": 1572011,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1572011/?format=api",
"text_counter": 232,
"type": "speech",
"speaker_name": "Ndhiwa, ODM",
"speaker_title": "Hon. Martin Owino",
"speaker": null,
"content": " Equally appreciative, Hon. Temporary Speaker, for the opportunity to thank our friends, the Mover, Senior Counsel Hon. Otiende Amollo, Hon. Chepkonga and also Seconder, Hon. (Sir) George Murugara. Hon. Temporary Speaker, there is nobody who is saying NG-CDF does not work. It works. Our aim is to protect what is working for Kenyans and ensure it continues to serve them, while locking out these busybodies who keep on going to the courts all the time. Speaking from my own constituency, and I know it is the same across other constituencies... If I go to Hon. Mary Maingi’s constituency, it is the same as well as Hon. Cynthia’s constituency and in Matayos Constituency too. One can see what NG-CDF does and how it works. In Ndhiwa Constituency, I have 204 schools where 152 are primary schools and 52 are secondary schools. Prior to NG-CDF, children were learning outside while seeing goats grazing and this was the case nationwide. That has now changed because we are building classrooms. We are reducing population in classrooms by half. Previously, children were 80 in a class. They are now half that size and are performing better because of NG-CDF. I have testimonies of children having completed high school and college and are now back to the community. Some are lawyers, some are engineers giving back to the community. Children would have dropped out of school in 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."
}
]
}