Mr. Deputy Speaker, Sir, I beg to ask the Minister for Transport the following Question by Private Notice. (a) Is the Minister aware that trailers ferrying goods to Uganda are being parked on the Busia-Kisumu and Bungoma-Malaba roads thus blocking other motorists and pedestrians from using the road for the last three months? (b) What urgent step is the Minister taking to construct a trailer park to pave way for easy flow of traffic in the towns of Busia and Malaba?
Mr. Ojaamong, the Ministry of Transport forwarded this Question to the Ministry of Roads and Public Works and the Permanent Secretary, accordingly, informed us. We got the letter with the communication this morning. The Question had been directed to the Ministry of Transport and they informed us that they do not deal with the construction of trailer parks and the issue was passed on to the Ministry of Roads and Public Works. So, the Question will not be answered this afternoon, and the Chair orders that it be redirected to the Ministry of Roads and Public Works.
Mr. Deputy Speaker, Sir, I had discussed this issue with the Minister for Roads and Public. Could I ask the Question? July 26, 2007 PARLIAMENTARY DEBATES 2807
Order! Order! The Assistant Minister for Roads and Public Works is already on his feet. Let us hear from him.
Mr. Deputy Speaker, Sir, I had the benefit of looking at the Question and I discussed it with the hon. Member. That Question, I sincerely believe, that it is not for my Ministry because the hold-up at the border post has nothing to do with my Ministry. The construction of the trailer parking lots is not the one that is holding the pile up at the border post. So, we still feel that this Question should not come to our Ministry.
You may have a valid argument, Mr. Assistant Minister. Nevertheless, the Minister for Transport and you do not have an answer. Therefore, the Office of the Clerk will get involved in this matter and discuss with the two Ministries because one thing is for sure; the answer must come to the Floor of the House on Tuesday.
Order! Captain, I am still ruling on the matter and we can only have one Chair. There is only one person who is in charge this afternoon and that happens to be me. I am directing that this Question comes with an answer from the appropriate Ministry, whether it is the Ministry of Roads and Public Works or the Ministry of Transport by Tuesday. The Clerk will sit with officials from whichever Ministry is responsible because it is not proper for me to rule which Ministry is responsible. The Clerk will sit with the two Permanent Secretaries and ensure that an answer comes to the Floor of the House on Tuesday afternoon. This is a Question by Private Notice. I think the Clerk has taken note of that. What was your point of order, Capt. Nakitare?
On a point of order, Mr. Deputy Speaker, Sir. Is the Assistant Minister in order to run away from the Question when congestion has nothing to do with the Ministry of Transport, but it has something to do with the widening of roads? Is he really in order?
The Assistant Minister will not answer that because the Chair has already ruled. It may as well come from the Minister for Roads and Public Works but that will be determined later. I have already agreed that this matter needs some discussions between the two Permanent Secretaries, but an answer will eventually come; whether it is from the Minister for Roads and Public Works or from the Minister for Transport. I think that matter is settled.
asked the Minister for Energy:- (a) how much fuel concession the Government of Kenya received from the Nigerian Government; and, (b) which companies have been awarded lifting contracts of fuel in the past three years and how much revenue has been received on behalf of the Kenyan Government. 2808 PARLIAMENTARY DEBATES July 26, 2007
Mr. Deputy Speaker, Sir, I beg to reply. (a) The Kenyan Government does not receive any price concessions from the Nigerian Government. (b) The companies awarded the lifting contracts over the last three years were Acadia and Vital (SA) Geneva. The revenue received was Kshs141,610,000 broken down as follows, per company. Year Company Kshs 2004/2005 Acadia 41,461,000 2005/2006 Vital(SA)Geneva 50,350,000 2006/2007 Vital (SA) Geneva 49,579,000 Total 141,610,000 Finally, I would like to lay on the Table of this august House details on crude oil lifted and the premiums paid by the companies in the last three years. I am also laying on the Table of this august House the contracts for sale and purchase of the Nigerian crude oil with the official Nigerian price, which applied to all buyers in March, 2007, which was US$64,409 per barrel.
Mr. Deputy Speaker, Sir, last week, the Speaker, ruled that the Assistant Minister should give me the documents before he comes to answer the Question. The Assistant Minister has used Mungiki tactics to ambush me on this issue!
On a point of order, Mr. Deputy Speaker, Sir. Is the word Mungiki parliamentary language? What does that mean?
I did not hear what he said. What did you say, Mr. Weya?
Mr. Deputy Speaker, Sir, last week, the Speaker asked the Assistant Minister to give me the documents, which he has tabled here, before he comes to answer this Question. The Assistant Minister has ambushed me!
So, how do the Mungiki tactics come in?
Those in the Mungiki movement use ambushing tactics.
Order! I just want us to take matters of this House seriously. It is one thing to ask for information before but I do not see how matters of Mungiki come in, Mr. Weya. Let us take the work of the House seriously. Is that right?
Mr. Deputy Speaker, Sir, I believe we are now extending the joke too far. There is a saying which says: "You cut your nose to spite your face." The genesis of this question must now be allowed to be followed. There are no records that are available on the premiums paid, revenue received and the contracts lifted by the Vital (SA) Geneva between 1999 and 2000. The hon. Raila Odinga, who served as the Minister for Energy in 2001 and 2002, is in a better position to comment why the records are not available. Two---
On a point of order, Mr. Deputy Speaker, Sir.
Mr. Deputy Speaker, Sir, I must finish. Let me finish! July 26, 2007 PARLIAMENTARY DEBATES 2809
Let the hon. Member finish!
Order! Mr. Sungu, I have not seen any breach of order. The Assistant Minister is talking. Please, let him finish.
Mr. Assistant Minster, please, address the Chair. Stop those exchanges.
I am sorry, Mr. Deputy Speaker, Sir. In 2004, when a lifting contract was awarded to Acadia, the tender premium was for US$10 per barrel. However, for no apparent reason and in contravention of the Public Procurement Regulations the premiums was raised to US$70 per barrel without the knowledge of the Accounting Officer. The hon. Ochilo-Ayacko, who was then the Minister for Energy, may wish to comment on this issue. Lastly, regarding the contracts that have been awarded, we have recorded every document and this Question is arising because of the fact that Acadia won this contract. The contract was awarded to the company which was compliant and we negotiated the prices upwards.
First of all, this House took a considerable amount of its time on this Question. I believe that the documents were to be laid. It is really fair for the Questioner to have access to those documents and look at them before the Question is answered, so that in case, he wants to raise some supplementary questions, he can do so. In the event that Mr. Weya had not received these documents prior to now, I am obliged to give him an opportunity to look at them. Therefore, I will defer the Question to Tuesday, next week, so that he can have an opportunity to look at those documents. We do not want to take as much time as we took last time with this one Question.
Mr. Deputy Speaker, Sir, the statement is incorrect. The reason why we were to lay the contract documents on the Table, was for the hon. Members to look at the termination clauses only. Secondly, if those documents were to be tabled for perusal, then we could have been asked to table them in advance. I want to correct the impression that those documents were first of all supposed to be tabled for the hon. Member's perusal. We have given detailed information. We have given a tabulation, which he has. If there is anything else that needs to be checked, it is only the tabulations, which he has. It is not fair to the Ministry. It is only good for the hon. Member to be honest and tell us his intention in asking this Question.
He does not have to tell us his intention. Mr. Weya, are you satisfied with the documents laid because you have not seen them?
Mr. Deputy Speaker, Sir, the Speaker ruled last week that the Assistant Minister should give me these documents prior to him tabling them in the House. You can confirm this from the HANSARD.
I do not think it is even necessary! It is common sense. It is not necessary for the Chair to rule that the documents be given before. It is common sense that you demanded to have the documents and the documents have been laid. The Assistant Minister has been kind enough and he has laid the documents. The Chair will defer the Question until next time. If you have any supplementary questions you can ask. It does no harm to either the Ministry or the Questioner.
Mr. Deputy Speaker, Sir, this Question was deferred because I could not answer the question on how much it cost to lift one barrel. We have given the answer, which is US$64,409. That is the only reason why this Question was deferred.
How does it harm you for the Question to be deferred for the hon. 2810 PARLIAMENTARY DEBATES July 26, 2007 Member to look at the documents? The Chair will probably give him a supplementary question, if any, next time. If we will not have any question, the matter will be finished! I do not see any harm in that. The Chair has ruled. I do not want more exchanges on this matter.
Mr. Deputy Speaker, Sir, the Assistant Minister was supposed to bring the documents on the contract between the Kenyan Government and the Nigerian Government before, so that we can peruse them and see the concessions which were given. I do not have those documents with me.
But, Mr. Weya, the documents have been laid. They have been laid and the Chair has ruled. Please, Mr. Weya, and the Assistant Minister, let us make progress! Do not bog us with this matter as you did last week.
Mr. Deputy Speaker, Sir, I am being honest. First of all, we have already answered the hon. Member's Question. We have no concession. So, the issue on whether we have concessions or not, does not arise. So, there is nothing to peruse in those documents. However, I have said that I have no problem with that, but I want to correct any misrepresentation that we have not answered this Question correctly. Lastly, before the Question comes back to the House, it should be in the hon. Member's mind that the correct version of this is that we have no concession. Secondly, if there is any other motive, we shall pursue it.
First of all, I do not think any one has said that the Question has not been answered correctly. The Assistant Minister has complied with the ruling of the Chair. He has brought the documents as he was directed. The Chair is only saying that the hon. Member should look at the documents. This Question is being deferred for the matter of those documents only. A supplementary question will only be raised on that matter and there will be no other matters outside those documents. The matter is over! I think this is fair to both the hon. Member and the Assistant Minister.
asked the Minister of State, Office of the President:- (a) whether he is aware that the current police houses at Butere/Mumias District Headquarters were constructed before Independence; and, (b) when he will construct new houses for the police officers at the district headquarters.
(Mr. Munya) Mr. Deputy Speaker, Sir, I beg to reply. (a) I am aware that the current police houses at Butere/Mumias District Headquarters were constructed before Independence. (b) The Government has rolled out a master-plan to construct modern police housing units to replace the dilapidated ones across the country. This includes replacing the current old structures at Butere/Mumias District Headquarters. Currently, we are faced with an enormous challenge of additional 27,000 housing units country-wide. Nevertheless, the Government will address the hon. Member's concern, subject to July 26, 2007 PARLIAMENTARY DEBATES 2811 availability of funds. In the meantime, the Government is carrying out rehabilitation of existing police houses to make them habitable.
Mr. Deputy Speaker, Sir, I asked this Question in 2004 and I was promised that in the 2006/2007 Financial Year, the construction of these units would be included. I have raised this Question again because there is nothing again in the Budget of 2006/2007 Financial Year. During that time, the answer was very specific, but the answer that has been given by the Assistant Minister is very general. These houses were constructed in 1952. We got Independence in 1963 and nothing has happened. Could the Assistant Minister assure me that when money is available, the housing units in Butere/Mumias District Headquarters will be given priority?
Mr. Deputy Speaker, Sir, I am assuring the hon. Member that, that will be done. In fact, the problem is that we have already started constructing very many housing units all over the country. Most of the Budget for this financial year will be used to complete the housing units that are already being built. In this financial year, we have allocated Kshs880,000 to rehabilitate the current structures for the purpose of making them habitable for the time being. However, Butere/Mumias is already in our plan. In fact, during the next financial year, once funds are available, it will be given priority. I have looked at the master-plan projections and there are plans to build 24 housing units in the next financial year. The problem is that the money that was allocated this financial year had to be used to finish the constructions that were ongoing across the country.
Mr. Deputy Speaker, Sir, the Assistant Minister is talking about the housing units. But the cells at Butere were meant to hold approximately 10 inmates. On any one day, we have no less than 30 inmates in a cell that was meant for only 10 inmates. What is the Assistant Minister doing to address this issue?
Mr. Deputy Speaker, Sir, it is not possible for a Government to complete projects that had stalled for 24 years within four years. It is not humanly possible. We have invested in constructing housing units and reconstructing the existing houses for police officers across the country. This year alone, we are spending Kshs1.8 billion on police housing. Mr. Deputy Speaker, Sir, unfortunately, with the current Budget, we cannot afford to construct police houses at the Butere/Mumias District Headquarters. However, we have factored in Kshs880,000 for rehabilitation and Butere/Mumias is already in our plan. I personally looked at the projections of rebuilding and it is one of the areas which have been give priority in Western Kenya.
Mr. Deputy Speaker, Sir, the issue of housing of police officers in this country is becoming very urgent. Police officers are now tending to kill themselves, their neighbours and even their families. Facts show that some of these officers do so because they are frustrated. They go home and they are sharing a family house with somebody else. They get frustrated and kill their families. Could the Assistant Minister consider having police officers stay with their families in family homes? The officers should be reporting to their stations and going back to their families. When they are on off-duty, they should leave the arms at the stations and go back to their families. This is happening in Rwanda and they have averted this kind of crisis.
Mr. Deputy Speaker, Sir, we cannot allow police officers to live in their homes and then come to work. It is not all of them who work in their home stations. It is the responsibility of the Government to house police officers. Right now, we are housing them. We may not be housing them in the best circumstances, but we have been able to rent houses for them and built others. Over 500 housing units have been completed in Nairobi alone and we are completing others across the provinces. Within a very short time, this problem of housing for police officers 2812 PARLIAMENTARY DEBATES July 26, 2007 will be history. If only we had a Government before which was taking responsibility and doing what it was supposed to do--- This Government has managed to do what could not be done in 20 years.
Mr. Deputy Speaker, Sir, in view of the fact that the police officers in Butere Police Station are sharing small units of houses, which are made of flat iron sheets, could the Assistant Minister consider giving hardship allowance to the police officers who are there and those who will be posted to the station?
Mr. Deputy Speaker, Sir, we are considering giving risk and hardship allowance to all police offices because their work is hard anywhere in Kenya. I am sure once that policy issue is decided, those in Butere/Mumias will also benefit.
On a point of order, Mr. Deputy Speaker, Sir. The Assistant Minister has told the House that the Government has constructed more than 500 police housing units. Two days ago, the residents of Makongeni, who have lived in those houses for more than 50 years, were removed from those houses and the houses are supposed to be occupied by police officers from Nairobi. Why did the Government do that?
That is a very good question, Mr. Ndolo! It is not a point of order! I think it is a good message. Could you, first of all, apologise to the House for asking a question instead of raising a point of order, then I can allow the Assistant Minister to answer the question?
I apologise, Mr. Deputy Speaker, Sir.
Mr. Deputy Speaker, Sir, I am sorry I never even got the question.
Mr. Ndolo, ask your question. You know the Assistant Minister was not attentive because he thought it was a point of order.
Mr. Deputy Speaker, Sir, the Assistant Minister has told this House that they will build more than 500 units in Nairobi only. Only two days ago in my area the police went and removed residents in Makongeni and replaced them although they have been staying there for more than 50 years with police officers from other police stations in Nairobi. Why did the Government do that?
Mr. Deputy Speaker, Sir, we removed the police from Makongeni and brought other police. If civilians are living in a police station, it is just in order that they are removed so that the police can have some space. The fact that we have bought 500 housing units in Nairobi does not mean that we have adequately housed all the police officers. We have bought houses in Industrial Area, Highridge and Lang'ata, but this does not mean that we have to accommodate civilians in police stations.
asked the Minister for Health:- (a) whether he is aware that a medical officer was posted to Saruchat Dispensary but the facility is not receiving medical supplies; and, (b) what steps he is taking to ensure that medical supplies are regularly sent to the dispensary.
Mr. Deputy Speaker, Sir, I beg to reply. (a) My Ministry is not aware of a medical officer having been posted to Saruchat Dispensary. However, I am aware that there is one Ministry of Health nurse deployed to this July 26, 2007 PARLIAMENTARY DEBATES 2813 facility. (b) Saruchat Dispensary has started receiving a supply of medicines in a drug kit form, from the Kenya Medical Supplies Agency (KEMSA) from the beginning of May, 2007 after the facility was gazetted. Previously the dispensary was receiving drug supplies from the Bureti District Hospital.
Mr. Deputy Speaker, Sir, you have heard the Assistant Minister say that nurses and not a medical officer have been posted to Saruchat Dispensary. He also said that Saruchat Dispensary has been gazetted and that from May, 2007, it has been receiving some medicine. Let me put it to you that the Assistant Minister is misleading the House. Five minutes ago before I asked this Question, I wanted to confirm whether the medicine is being taken from either Bureti or Bomet to Saruchat Dispensary. The chairman who is based in that area has confirmed to me that he is still buying medicine. Who is misleading this House? Is this Assistant Minister misleading us or is he telling the truth? If he is telling the truth, then he should tell us whether the medicine is still in Bureti or Bomet or if it has not been brought to Saruchat. He should pass that information to his Minister.
Mr. Kimeto, if I was the Assistant Minister I would find it very difficult to answer your question because you have gone round in circles. But Mr. Assistant Minister you can try.
Mr. Deputy Speaker, Sir, may I put it to Mr. Kimeto that he is being misled by his chairman because a drug kit was sent to that dispensary in May. Dispensaries receive their kits after every three months. I am sure before the end of this month another kit will be delivered to the dispensary.
Mr. Deputy Speaker, Sir, I want to commend the Ministry for doing a good job in supplying medicines to all our medical centres, but during the weekends our dispensaries remain closed. I have never seen the dispensaries in my areas open during the weekends. Could the Ministry start opening those dispensaries during the weekends to serve patients?
Mr. Deputy Speaker, Sir, all gazetted dispensaries are supposed to be open even through the weekends. Maybe that is an isolated case which I will investigate. However, we have a few cases of shortage of employees in some dispensaries and the Ministry is looking into that matter. We will employ 600 medical personnel every year to try to alleviate the issue of shortage of personnel in order to give services in all days of the week.
Mr. Deputy Speaker, Sir, the Assistant Minister has said that another medicine kit will be received in about a month to come. Where will this medicine kit come from; Bureti or Bomet?
Mr. Deputy Speaker, Sir, the Kenya Medical Supplies Agency (KEMSA) sends drugs directly to the institutions. So, the dispensary will receive its kit directly from KEMSA.
asked the Minister for Roads and Public Works:- (a) whether he is aware that several parts of Kanyadhiang-Homa Hill-Kadel Road (D219) have been badly damaged by the current heavy rains; (b) whether he is further aware that this is the road linking West Karachuonyo Division with the rest of the country; and, 2814 PARLIAMENTARY DEBATES July 26, 2007 (c) what measures he is putting in place to reconstruct the road.
Mr. Deputy Speaker, Sir, I beg to reply. (a) I am aware that some parts of Kanyadhiang-Homa Hill-Kadel Road (D219) have been damaged by the recent heavy rains. (b) I am further aware that this is the road linking West Karachuonyo Division to the rest of the country. (c) My Ministry has repaired the damaged sections of the Kanyadhiang-Homa Hill-Kadel Road by carrying out the following activities: (i) The whole road has been graded. (ii) Ditches and culverts have been cleared from the whole section of the road. (iii) Spot-patching has been carried out on the damaged sections (iv) A total of Kshs3.2 million from the 16 per cent Fuel Levy Fund has been utilised in carrying out the above works and the road is currently motorable.
Mr. Deputy Speaker, Sir, I wish to thank the Ministry for the job they have already done. There is a tendency for these roads to be repaired during the rainy season. What the Assistant Minister is saying is true, but the work was done during the rainy season and there are some other parts which need to be repaired. Is it possible for the Ministry to repair some of those other parts which have been destroyed after the rain?
Mr. Deputy Speaker, Sir, the hon. Member must appreciate that this is a very long road; it is 42 kilometres long and it was gravelled in 2000. We are doing our best to make sure that whatever damage that occurs is repaired. We will allocate some money for maintenance this financial year. I can assure the hon. Member that we will try our best to spot-patch before the rains. We did the work at that time because there was so much damage after the rains that we could not wait for a long time. We had to carry out the works immediately so that the road remained motorable.
Mr. Deputy Speaker, Sir, the Assistant Minister still maintains that patching is still the best way of maintaining our roads. When you look at the section of the road between Kabarak through Eldama Ravine to Eldoret you will note that hand labour have replaced bitumen with murram which is easily washed away when it rains. What method will this Assistant Minister use in maintaining our roads, that will last even during the rainy season?
Mr. Deputy Speaker, Sir, the hon. Member must appreciate that we normally do various types of repair works on our roads. Patching is a temporary measure. Before a bitumen road is rehabilitated or resealed we have to do patchwork but this is not permanent. We have to keep on repairing the road where there are potholes before we have enough money to do resealing works or total reconstruction. As for gravel roads, we have no other choice, but to do patchwork where and when the gravel wears out.
Mr. Deputy Speaker, Sir, my question is on repairs of roads constructed with donor funds. What is the Ministry doing to repair roads under the Roads 2000 which are being funded by the African Development Bank (ADB)? For example, part of Road B288 in my constituency coming to Eldoret Town within Nandi District is funded by KSW, a German donor. They have released the funds. However, ADB has not released the funds. Now the road in Nandi has been repaired, but when you come to Uasin Gishu you find that the ADB has not released the funds. What is happening and when will ADB release the funds so that the repair of the roads can be done?
Mr. Deputy Speaker, Sir, there are different conditions given by our development partners when they give funds. There are some who take a bit longer to release funds whereas others do it in a shorter period of time. The headquarters of ADB agreed to open an office July 26, 2007 PARLIAMENTARY DEBATES 2815 in Nairobi because we brought to their attention the long delays that ADB is having in disbursing funds to Kenya. They have opened an office in Nairobi so that any disbursement to Kenya will now be done more quickly than before. I think what the hon. Member is raising is being addressed because now we have an office in Nairobi which is facilitating quick disbursement of ADB funds.
Mr. Deputy Speaker, Sir, this road that I have asked a Question about is a very important one as I have already said. It links West Karachuonyo division with the rest of the country. People would like this road to be called Ojijo Teko Road. Ojijo Teko was one of the freedom fighters for Independence of this country. What steps do we need to take in order to name it Ojijo Teko and when will it be tarmacked?
Mr. Deputy Speaker, Sir, in order for that freedom fighter hero to get recognition, the Minister for Gender, Sports, Culture and Social Services will handle that issue. If he finds it important for the road to be called by the hero's name, then we will advise the Ministry and they will do so. As for tamarcking, since the significance of the road has been indicated by gravelling it in 2000, I think when the streamlining programme is done in Nyanza Province, then that should be one of the recommendations sent to our Ministry so that we can know the priority roads that we should handle from Nyanza Province. There are already so many ongoing bitumen works. Once we complete those roads, we will go to the next priorities.
asked the Minister for Local Government:- (a) whether he is aware that Mr. Francis N. Tsuma, Senior Advisor to schools and attached to Municipal Council of Kitale, has not been paid his salary arrears amounting to Kshs138,040; (b) whether he is also aware that the Public Service Commission rejected a recommendation that his salary be varied from SS.5 to SS.7; and, (c) what he is doing to ensure that the officer is paid his dues and reimbursed all expenses incurred while pursuing the payment.
Mr. Speaker, Sir, I beg to reply. (a) I am aware that Mr. Francis Tsuma, Senior Advisor to schools, who was seconded to Kitale Municipal Council, was not paid his arrears of Kshs73,626 and not Kshs138,040 as alleged by the Questioner. His salary arrears have now been paid vide Cheque No.00089822899. (b) Mr. Tsuma is substantively on Scale 5 as appointed by the Public Service Commission (PSC) and no change has been effected. (c) Mr. Tsuma may pursue the issue of travelling allowances if he can present the official receipts for travelling from Mombasa to Kitale.
Mr. Deputy Speaker, Sir, I appreciate the answer given by the Assistant Minister, but he has said that two cheques amounting to Kshs73,626 were drawn to pay Mr. Tsuma. Could he, please, table a breakdown to show how he arrived at the amount of Kshs73,626 because the claimant is claiming Kshs138,040?
Mr. Deputy Speaker, Sir, according to the records held at Kitale Municipal Council, the arrears for the year 2002 amounted to Kshs52,650. The difference between Scale 5 and Scale 7 is Kshs6,992. For a period of three months, Mr. Tsuma had been paid Kshs20,970. I 2816 PARLIAMENTARY DEBATES July 26, 2007 have the calculations here, and if the hon. Member would be pleased to have a look at them, then, I do not mind tabling them. However, with regard to what amount is in what cheque, I can only confirm now that the total amount in those two cheques is Kshs73,676, which is what we feel and we have calculated to be the claim by Mr. Tsuma.
Mr. Deputy Speaker, Sir, I would like to seek clarification from the Assistant Minister what a Senior Advisor does. I thought that municipalities have education officers. What is a Senior Advisor? Are these people on contract? What are their terms of service and their scales?
Mr. Deputy Speaker, Sir, that is just a job title as designated by the PSC. I may not know why. Simply put, this is a job title. So, he was a Senior Advisor to schools in that municipality.
Mr. Deputy Speaker, Sir, while Mr. Tsuma was pursuing the recovery of this money, he was subjected to a lot of torture. He even had to go to the Kenya Anti-Corruption Commission (KACC) over this particular matter and yet you can see that the matter is still not yet resolved. Mr. Tsuma is claiming Kshs138,040, but the Kitale Municipal Council is only paying him Kshs73,676. So, up to now, the amount of money paid, as far as Mr. Tsuma is concerned, is not yet complete. This matter was referred to the KACC, and they certified that the amount to be paid to Mr. Tsuma is Kshs138,040. Is the Assistant Minister in a position to, actually, explain to this House the inordinate delay for the payment of this money to Mr. Tsuma, and at the same time, tell this House the correct amount of money that is supposed to be paid to Mr. Tsuma?
Mr. Deputy Speaker, Sir, I am surprised that this matter had anything to do with the KACC. I do not understand why one would go to the KACC. If he has not been paid his salary, it is just a question of a simple debt and we are confirming, as a Ministry, that the Kitale Municipal Council is willing to pay Mr. Tsuma what he is owed and not what he thinks he is owed. There is a difference between the two. If Mr. Tsuma thinks that he should be paid Kshs138,040, it is a matter of calculations and we are willing to receive his version of the claim.
Next Question by Mr. Chepkitony!
Mr. Chepkitony not here? Therefore, his Question is dropped!
Order, hon. Members! I need to explain that there is a Supplementary Order Paper. We are now going to the Committee of the whole House on the Supplies Practitioners Management Bill. The original Order Paper had that Bill for the Committee of the whole House, the Media Bill (Bill No.13) and the Tobacco Control Bill (Bill No.16). I am informed that the Minister for Information and Communications requested that he was not ready for this matter to go the Committee of the whole House. I also believe that is the case with the Tobacco Bill. So, we will proceed on with the Committee of the whole House on the Supplies Practitioners Management Bill (Bill No.4) - that is what the Order Paper is stating - before we come to the next Order, which is the Statute Law (Miscellaneous Amendments) Bill. For now, we will move on to the Committee of the whole House on the Supplies Practitioners Management Bill (Bill No.4).
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 2 of the Bill be amended by- (a) deleting the word "supplies" appearing in the definition of "Minister" and substituting therefor the word "finance" (a) inserting the following new paragraph immediately after the definition of "Minister"- "member of the Institute" means a member of the Institute registered under section 16 of the Act.
2818 PARLIAMENTARY DEBATES July 26, 2007
Mr. Temporary Deputy Chairman, Sir, we need your assistance. The hon Member has proposed the amendments to Clause 2(a) leaving out the other part of it, unless I am wrong. The hon. Member has not yet done the first part. The other part should actually read (b) and not (a), and then it should be included. Otherwise we shall have passed a clause without having read the whole amendment. If I am wrong, I stand corrected.
I proposed and put the Question that the amendments be as per the Order Paper and that is what has been carried. I think it is perfectly all right.
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 4 of the Bill be amended- (a) in subclause (1)- (i) by deleting the words "the second schedule" appearing at the end of the paragraph (a) and substituting therefor the word "regulations", (ii) by deleting the words "the second schedule" appearing at the end of paragraph (b) and substituting therefor the word "regulations" (b) in subclause (2), by deleting the word "re-elected" and substituting therefor the word "re-election".
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 5 of the Bill be amended by deleting paragraph (c). July 26, 2007 PARLIAMENTARY DEBATES 2819
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 6 of the Bill be amended by deleting the words "second schedule" and substituting therefor the words "first schedule."
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 8 of the Bill be amended by deleting all words appearing after the word "expenses" and substituting therefor the words "as may be determined at the Annual General Meeting".
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 9 of the Bill be amended in Subclause (1) by inserting the word 2820 PARLIAMENTARY DEBATES July 26, 2007 "competitively" immediately before the word "appointed".
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 12 of the Bill be amended in Subclause (2), by inserting the following new paragraphs immediately after paragraph (d)- (e) one person nominated by the local universities; and, (f) one person nominated by the Kenya Private Sector Alliance.
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 13 of the Bill be amended- (a) by inserting the words "for professional supplies certification" immediately after the word "examination" appearing in the second line; (b) by deleting paragraph (a) and substituting therefor the following new paragraph- (a) prescribe and regulate syllabuses of instruction for professional supplies certification for persons seeking registration under the Act; (c) in paragraph (f), by deleting the words "certificates, diplomas and degrees" and substituting therefor the words "professional qualifying certificates".
July 26, 2007 PARLIAMENTARY DEBATES 2821
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 15 of the Bill be amended- (a) in Subclause (2), by deleting the word "and" appearing at the end of paragraph (d); (b) by inserting the following new paragraph immediately after paragraph (f)- (g) the Registrar, appointed by the Minister on the recommendation of the Council; (c) in Subclause (3), by deleting the expression "Section 24" appearing in paragraph (f) and substituting therefor the expression "Section 23".
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 16 of the Bill be amended in Subclause (4)- (a) by deleting paragraph (e); (b) by deleting paragraph (g) and substituting therefor the following new paragraph- (g) if in the opinion of a certified medical doctor, the person is incapable of performing his duties by reason of mental or physical infirmity.
There is a further amendment to Clause 16 Subclause (4) by hon. Oparanya.
Mr. Temporary Deputy Chairman, Sir, to be gender-sensitive, I have agreed with the Mover of the Bill to make the following amendment:- THAT, the Bill be further amended by inserting the word "if" under Clause 16 2822 PARLIAMENTARY DEBATES July 26, 2007 Subclause (4) after the word "licence" and deleting the words "if be" under Clause 16 Subclauses (4)(a), (4(b), (4)(c), (4)(d), (4)(e), (4)(f) and (4)(g).
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 22 of the Bill be amended in Subclause (1)- (a) by inserting the words "of the Council" immediately after the word "committee" appearing in the first line; (b) by inserting the words "from amongst members of the Institute" immediately after the word "Council" appearing in paragraph (a).
Hon. Members, there is a further amendment to Clause 22 by Mr. Oparanya.
Mr. Temporary Deputy Chairman, Sir, we have agreed with the Mover of the Bill on this amendment. Therefore, I beg to move:- THAT, Clause 22 be further amended by adding a new paragraph to Subclause (1) as follows- (g) One accountant nominated by the Institute of Certified Public Accountants of Kenya. Mr. Temporary Deputy Speaker, Sir, this is specifically for the purpose of making the number odd.
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Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 36 of the Bill be amended- (a) by deleting the words "The Institute may make regulations generally for better carrying out of the foregoing generality, may make regulations to provide for" and substituting therefor the words "The Minister, in consultation with the Council, may make regulations generally for the better carrying out of the provisions of this Act and to provide for the following"; (b) by inserting the following new paragraph immediately after paragraph (h)- (i) any other functions as may be necessary for the proper administration of the Act.
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, Clause 1 be amended by deleting numerical "2006" after the comma that immediately follows the word "Act" and replacing it with numerical "2007".
2824 PARLIAMENTARY DEBATES July 26, 2007
Mr. Temporary Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of The Supplies Practitioners Management Bill and its approval thereof with amendments.
Mr. Deputy Speaker, Sir, I beg to report that a Committee of the whole House has considered The Supplies Practitioners Management Bill and approved the same with amendments.
Mr. Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee in the said Report.
Mr. Deputy Speaker, Sir, I beg to move that the Supplies Practitioners Management Bill be now read the Third Time.
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Hon. Members, I have been informed that the Government is not ready to move this Bill. Therefore, let us move on to the next Order. Hon. Members, since we have not done the Second Reading of the Statute Law (Miscellaneous Amendments) Bill, we cannot proceed to a Committee of the whole House on the same Bill. So, we cannot proceed to Order No.11. Next Order!
Hon. Members, we are resuming debate on this Bill, which was interrupted on 19th July, 2007. Dr. Wekesa was on the Floor when debate on this Bill was interrupted. He has 20 minutes to finalise his contribution. Is Dr. Wekesa here?
He is not here!
Well, Dr. Wekesa is not here! He was seconding the Bill. He did not finish seconding. Therefore, I will move to the next step.
Mr. Deputy Speaker, Sir, for a long time, this country was colonised by Britain, which left a lot of people homeless and jobless. To that extent, our people were called "squatters" because they were squatting on land that did not belong to them. This is a new era and a new Government. This is a Government which has foresight for the poor. This Government has come to help the landless. A land policy is soon going to be put in place. But one wonders: If the British vacated our land in 1963 and left the people who had been employed without substantive areas of settlement--- At that time, it could have been one family of two members. But now, 40 years down the line, that one family has a population of many generations. Therefore, if a father was a squatter, the sons and daughters automatically became squatters. Therefore, this is the voice of the poor, who are the majority. Mr. Deputy Speaker, Sir, if you look at Trans Nzoia District, which was called the white settlement, after the Europeans left, they pushed the traditional natives beyond the Kamukuywa River. They called that place a native reserve. They took the prime land from the natives, occupied it and took away all the benefits. They took the milk of magnesia and the riches of this country back to England - to the Royal Highness - and left our people destitute. After Independence, the British Government gave the Government of Kenya money and grants to buy out the white man's farms, so that our people could be settled. There has been a revolving atmosphere. Instead of 2826 PARLIAMENTARY DEBATES July 26, 2007 settling squatters, the rich and the mighty in the previous Government took away all the land that was meant for squatters. That is the voice of the poor. Mr. Deputy Speaker, Sir, in Saboti Constituency, we had large farms owned by people like Lord Ndolia, Lord Powers and Mr. Gensen, who left tea and coffee plantations and factories without due care. The previous KANU Government never paid attention to the plight of the poor. There was double allocation of the land meant for the squatters to well- placed people in that Government. Squatters are different from victims of tribal clashes, which were perpetrated by the previous Government. This is a pile of a volcano on top of other volcanoes that had erupted. The rise in population of the young who do not even know whether their parents were squatters or displaced from their land by the mighty--- It is a big confusion. Therefore, most of them migrated to urban areas. Some went to settle on road reserves and became beggars. Trans Nzoia District has the highest number of displaced people. It is the most neglected area. It is also a central point for child labour. A family has to fend for food and shelter by providing labour services from children as young as eight years old. Those children are subjected to weed maize farms for the rich, so that they can get their daily bread. As a country, what shall we do? The pastoralists in this country have been marginalised for a long time. There is also a lot of marginalisation in the way we distribute land in this country. Unless you belong to a certain clique of people, tribe or a member of the Government, you cannot benefit. Trans Nzoia District has never benefited from this Government. The blood of our people that was shed during tribal clashes is still crying for justice. The plight of our people has not been properly addressed by this House. A commission of inquiry into the land clashes was set up, but this Government has not taken any action. It is a pity that after we discussed the report on tribal clashes in this House, nothing happened. That report is now gathering dust in the archives. What does this mean? Is this a plutocratic Government? Is this a democratic Government? Democracy is good, but not good enough. Democracy would only have meaning to our people in Saboti, Kwanza and Trans Nzoia District, if they are settled. They have contributed a lot to the economy of this country. Without them, Trans Nzoia District would not be referred to as the basket of this country. We all know weather favours that part of the country. We will only say that this Government has respect if it settles our people. There would be no land clashes in Mt. Elgon if the Government was mindful of its citizens' welfare. We would not also have land, personal and tribal clashes in Trans Nzoia District if this Government took care of its people. I am talking about the problem affecting our people. Mr. Deputy Speaker, Sir, I have a dream that a day will come when my people will rise up to demand the right of ownership of land in Trans Nzoia District. We will not allow "outsiders" to come and maraud our people and frighten them by the power of the gun. We are not demanding what is not good for us. Mr. Deputy Speaker, Sir, if we allow life in Trans Nzoia District to be messed up by the clashes, I wonder where Nairobi will get its food from. As a matter of fact, our people are the most hard working Kenyans. They are not used to white-collar jobs. They use jembes, spades and tractors---
On point of order, Mr. Deputy Speaker, Sir. We do not have a quorum.
Hon. Members, the attention of the Chair has been drawn to the fact that there is no quorum. The Clerks-at-the-Table have confirmed that, indeed, there is no quorum. Ring the Division Bell. July 26, 2007 PARLIAMENTARY DEBATES 2827
Hon. Members, it is unfortunate that we have to interrupt the proceedings of this House early. It is now 4.15 p.m. We normally adjourn at 6.30 p.m. We have to adjourn because of lack of quorum. I, therefore, regret to adjourn the proceedings of the House until Tuesday, 31st July, 2007 at 2.30 p.m.
It will be 1st August!
Order, Members! I am reliably informed, and I have every reason to believe that it shall be 31st July, 2007, at 2.30 p.m. The House rose at 4.15 p.m.