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{
    "id": 1109399,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1109399/?format=api",
    "text_counter": 362,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Kindiki",
    "speaker_title": "",
    "speaker": {
        "id": 1046,
        "legal_name": "Kithure Kindiki",
        "slug": "kithure-kindiki"
    },
    "content": "After seven years of hard work as a dentist, he had to quit working at Level 4 Hospital in Maragua in Murang’a County, two years ago, to go and set up a grocery shop, selling some merchandise in town. Why? It was because of low salaries and no equipment. In fact, one of the things that made Dr. Gacheri Thuku to leave Maragua Hospital was the lack of a dental chair, a basic equipment for a dentist. Madam Temporary Speaker, we speak with a lot of agony even as we look at where we are taking this country, especially with regard to healthcare. This Bill aims at enhancing the functions of the Kenya Health Human Resource Advisory Council, as set out in Section 30 of the Health Act No.17 of 2017. In Section 3, which is being amended, unfortunately, the existing and the additional functions are not binding on the Cabinet Secretary (CS). One is tempted to ask if the Executive is unable to respect the decisions of the court and Parliament which are binding, what is this council and what are these advises that will be complied with by the Executive? Nonetheless, as Sen. M. Kajwang’ said, it is good to make a step in the right direction. I hope that from here, we will make more binding legislation that can help the health sector. Madam Temporary Speaker, I want to make a few quick conclusion remarks. It is important to align these functions that are contained in this amendment Bill to the spirit of the Constitution notably Schedule IV Part One Paragraph 28 which assigns health policy on the national Government. Secondly, ensure that the additional functions do not encroach in any way on the devolved functions. Otherwise, our courts in their true colours, will to strike out this legislation for its nullity. Madam Temporary Speaker, thirdly, ensure that even as we pass this Bill, it is necessary to invoke Article 187 on Intergovernmental Agreements as read together with Sections 24 and 25 of the Intergovernmental Relations Act 2012. It may be necessary to make those alignments so that if certain functions that are reserved with county governments are being encroached on then Article 187 (2) sets in as well as Sections 24 and 25 of the Intergovernmental Relations Act to rectify that. One also asks whether some of the functions that are being proposed in this Bill by Sen. (Dr.) Ali are not encroaching on the powers and functions of County Public Service Boards (CPSBs) as spelt out in Section 59 of the County Governments Act of 2012. Madam Temporary Speaker, again on that note, on the relationship between these functions and the functions of the CPSB, that the only oversight and the encroachment on the powers of CPSB that is allowed in our Constitution is the oversight of the Public Service Commission (PSC). I have on authority Article 232 of the Constitution read together with Article 234 (2) and Article 235 of the Constitution. Notwithstanding what I have submitted herein above, I believe the Second Reading of this Bill is important and I support it without reservation whatsoever. Thank you."
}