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"speaker_name": "Mr. Baiya",
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"legal_name": "Peter Njoroge Baiya",
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"content": "On a point of order, Madam Temporary Deputy Speaker. Hon. Kinyanjui has argued eloquently about ensuring efficiency and quality; he is now complaining about lack of capacity yet this Bill is precisely meant to ensure that we enhance that kind of capacity. Is he in order to insist on eating his cake and having it?"
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"speaker_name": "Mr. Kinyanjui",
"speaker_title": "The Assistant Minister for Roads",
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"legal_name": "Lee Maiyani Kinyanjui",
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"content": " Madam Temporary Deputy Speaker, I want to plead with my colleague to appreciate where we are coming from. We support the Bill but even as we do so, there is the important Committee Stage. We are saying that once we get to that stage, these are issues he would want to address. We do not want to come up with an amendment and the first thing you hear is that Kenyans have gone to court because they are being discriminated against on account of age. Now that we have that opportunity, we would want to tap all the benefits arising from our different experiences. We are, in principle, not objecting to the Bill. We would want to support our young Kenyans. In supporting them, we will also be supporting the economy."
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"type": "speech",
"speaker_name": "Mr. Kinyanjui",
"speaker_title": "The Assistant Minister for Roads",
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"legal_name": "Lee Maiyani Kinyanjui",
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"content": "Lastly, the Government had also realised that the young people in this country face a major challenge in terms of accessing Government procurement services. For that reason, we came up with what we call the Youth Enterprise Fund because we realised that the biggest challenge is that if you give a team of young people, or a young person, an order worth Kshs100 million or even Kshs1 million, when they have no title deeds or anything else, it becomes impossible for them to deliver the services. Therefore, the Government came up with the Youth Enterprise Fund. It has not lived up to our expectations, but if you are able to support the Youth Enterprise Fund and make sure that it works, so that when young people get Government contracts they can get funding to support them, it will help us achieve our goal. With those few comments, once again, I wish to thank all those hon. Members who have contributed in support of this Motion and assure the House that my Ministry, together with all those that work in the infrastructure sector, would want to work with those who are more empowered and are ready to participate in nation building. Thank you."
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"type": "speech",
"speaker_name": "Dr. Laboso",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 63,
"legal_name": "Joyce Cherono Laboso",
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"content": " I will now call upon the Mover to respond."
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"id": 5455,
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"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Madam Temporary Deputy Speaker, I want to thank all the hon. Members who have contributed to this Bill. I want to start by thanking hon. Odhiambo- Mabona for seconding this Bill. She was actually the first one to propose amendments to improve the proposed Bill, particularly noting that apart from the youth, women have also been discriminated against. We also have the disabled people. I really welcome the proposed amendments that will come during the Committee Stage. I also welcome the proposed amendments by hon. Olago and hon. Midiwo. I also appreciate the caution that hon. Amos Kimunya put in, particularly on the issue of practicability. I also appreciate the issues that have been raised by hon. Kinyanjui. I believe that all these proposed amendments will come during the Committee Stage, and will go a long way in improving the proposed Bill. Madam Temporary Deputy Speaker, I wish to remove fear from hon. Members on the issue of the constitutionality of this Bill, and particularly in relation to the issue of discrimination. The same Constitution, under Article 27(4), prohibits discrimination by providing that the State the shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age or disability. They are genuine concerns because the Constitution, under Article 27(4), prohibits discrimination but the same Constitution, under the very Article 27(6) also directs the State to give full effect to the realisation of the rights guaranteed under the Article. It says that the State shall also take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantages suffered by any individuals or groups of individuals. This is the same Article that gives a basis for this proposed Bill, so that those who have been disadvantaged, including the youth, women and disabled persons, can now, on the basis of the new Constitution, and through affirmative action, participate in the economic life of our nation. I wish to inform hon. Kimunya that, under Article 55 of the Constitution, it is now a requirement for the State to take measures. In fact, Article 55 is couched in mandatory terms. It says that the State shall take measures, including affirmative action programmes, to ensure that the youth of this country have opportunities to participate in the economic life of this nation. So, it is now a requirement. It is not a favour. The State must think outside the box and come up with measures that will allow the youth of this nation to participate in the economic life of the nation. Madam Temporary Deputy Speaker, lastly, I think many of the hon. Members who have contributed to this Bill have not looked at the interpretation part of the Constitution under Article 260, which, clearly, defines affirmative action. It provides that affirmative action, which the State is now required to undertake, under Article 55, includes any measures designed to overcome or ameliorate an inequity or the systematic denial of a right. We are saying that the youths of this country have been denied their access to public procurement, and now, time has come for affirmative action to be taken for them to be given this opportunity. That is the proposal before the House. I want to thank all the hon. Members who have supported this Bill. We welcome all the amendments proposed to improve it, so that we can make the youths of this nation feel that they are part of this nation and they can also have a share of the national cake. Particularly as we move towards devolution, we want to say that this Bill, or the new Act that will come into place after these amendments, will facilitate that down to the county level. We particularly want to see that the proposals by hon. Kinyanjui and hon. Midiwo are included in the Bill, so that the youth in the counties and at the village level can also have a share of public procurement business."
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"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Madam Temporary Deputy Speaker, I want to end now by saying what John F. Kennedy once said that: “A nation that cannot take care of the many who are poor cannot protect the few who are rich.”"
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"id": 5457,
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"text_counter": 453,
"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Madam Temporary Deputy Speaker, 70 per cent of this nation are the youth. If they are the majority who are poor, we must take measures now to take care of them, otherwise, we may not be able to protect the few who are rich."
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"id": 5458,
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"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "With those few remarks, Madam Temporary Deputy Speaker, I beg to move."
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"speaker": null,
"content": "(Question put and agreed to)"
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"content": "(The Bill was read a Second Time and committed to a Committee of the Whole House tomorrow)"
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