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{
    "id": 1096410,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1096410/?format=api",
    "text_counter": 256,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr.) Wilberforce Oundo",
    "speaker": {
        "id": 13331,
        "legal_name": "Wilberforce Ojiambo Oundo",
        "slug": "wilberforce-ojiambo-oundo-2"
    },
    "content": "With the erratic rainfall pattern in this country, we cannot rely on rain-fed agriculture. A Motion was moved here last week. Reports have been submitted by various Government agencies indicating that we have about 25 counties in this country that are facing severe drought because they do not receive enough rainfall to enable them grow crops. The importance of irrigation in this country cannot be gainsaid. That is why we have had the National Irrigation Board (NIB), which has been re-named National Irrigation Authority (NIA). We have so many private irrigation schemes that have been flourishing in this country. Those irrigation schemes have been implemented with so many success stories. Of course, we also have so many irrigation schemes that have flopped. Many have failed terribly. It was the expectation of Kenyans that by changing the NIB to NIA, the new entity would be able to enhance the acreage under irrigation, but that has not happened. That is what, probably, has informed the decision to continuously review the Act that was passed in 2019. Successive Governments, more so the Jubilee Government, gave us lofty promises on how they would put endless amounts of acres of land under irrigation, but nothing has happened in most instances. The few instances that have happened have been a conduit for corruption. An example is the Galana/ Kulalu Irrigation Scheme Project. It is, therefore, important that the issue of governance, as has been clearly stated in Clause 6 (v) of this Bill, becomes central to the management of irrigation systems in this country. It is such a shame that we pump a lot of money into irrigation schemes, yet nothing comes out of them in terms of enhancing food security. We pump a lot of money into irrigation scheme projects that are poorly planned and implemented; look at the Turkwel Dam, Thiba Dam and other major irrigation projects in this country. That is why emphasis on better corporate governance and observance of the provisions of Chapter 6 of the Constitution by those charged with the management of irrigation schemes should be the main focus of this Amendment Bill. During the Committee of the whole House, we will introduce further amendments to entrench good corporate governance practices and observance of ethics to ensure that we have value for money from irrigation scheme projects that will be implemented because such projects have become a conduit for corruption and pilfering of public funds. Looking at the Bill, there are quite a number of positives. One, it expands the definition of irrigators to include persons or entities which own, operate or manage an irrigation scheme. Probably, a further expansion will be necessary to include even those who benefit from irrigation schemes directly or indirectly. There are other areas that seem to be positive, but they are not really positive. There are quite a number of clauses that might have to be relooked at. One of them is Clause 6 (1) (f) on appointment of the board members by the Council of Governors. What has been provided in this Bill might be unconstitutional. A Cabinet Secretary cannot supervise or direct the Council of Governors on who to appoint. The specific clause inter alia states that the Board shall be appointed by the Cabinet Secretary from a list of four nominees submitted by the Council of Governors. That could be contentious and unconstitutional. So, during the Committee of the whole House, we will have to relook at this provision. Appointment by the Council of Governors should be express. It should not be subjected to further vetting by any other body, contrary to the provisions of the law. 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."
}