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{
    "id": 1113477,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1113477/?format=api",
    "text_counter": 194,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Committee in its Report completely disregarded their submissions. In disregard of Article 118 of the Constitution, the Committee never considered one single memorandum, neither did it give some of those institutions and bodies an opportunity to appear before it to prosecute. I am not saying it out of the blue. I have looked at the Report. In this regard, the question that begs is to what extent this Bill can proceed for Second Reading when the Committee had not properly conducted public participation as required by the Constitution and our own Standing Order No. 127. You have ruled a number of times that a Bill without public participation is as dead as a dodo. The Bill before the House has made several proposals for various boards of parastatals in the health sector to be fully represented by the Government without any representative from the private sector or professional bodies, not even the medical practitioners. Without checks and balances, to what extent shall the national values and principles in Article 10 of the Constitution be achieved, including good governance? The hallmark and basis of those boards is anchored on good governance. Even Mwongozo is based on good governance. The Government running boards without any checks and balances is a total negation of Article 10 of the Constitution. This will become a Government body. Will those amendments not throw out accountability and transparency? Where there is no second voice in anything, tyranny and impunity set in. Who represents the private sector’s interests on such boards? Who represents the interests of the many professional bodies which are recognised in the statutes passed by this House? It is notable that although the boards are allowed to nominate four other persons - not being public officers - to be members, those ones shall only be the appointees of the Cabinet Secretary. Cabinet Secretary Kagwe will have the leeway to pick whoever he wants and not bodies that are functional and have members that pay their subscriptions to their organisations. If we go down that route, this House will set a very bad precedent. This is the same House that, when I was the Leader of the Majority Party, established the Law Society of Kenya Act of which you are a member. The Cabinet Secretary can dictate to whoever he wants to appoint. These amendments are, therefore, untenable and negate the realisation of the national values and principles as provided in Article 10 of the Constitution. I raised my hand when we were speaking for teachers, but I also want us to speak for nurses, clinical officers, pharmacists and doctors whose interests we represent as Members of Parliament. I seek your guidance on the constitutionality of the Health Laws (Amendment) Bill, 2021, as far as the requirements of Articles 10 and 18 of the Constitution and Standing Order No.127 are concerned."
}