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{
    "id": 1128889,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1128889/?format=api",
    "text_counter": 284,
    "type": "speech",
    "speaker_name": "Kitui Rural, CCU",
    "speaker_title": "Hon. David Mboni",
    "speaker": {
        "id": 13388,
        "legal_name": "David Mwalika Mboni",
        "slug": "david-mwalika-mboni-2"
    },
    "content": "In order to implement the Framework Agreement, the operating entities developed Joint Operating Agreements to address specific thematic areas of cooperation in pursuit of the four broad objectives. The joint operating agreements were signed on 21st December 2020. The areas of cooperation towards achievement of the objectives of the Framework Agreement were identified and classified into 10 specific areas, namely; Strategy, Operations, Information and Communication Technology, Finance, Governance, Risk Management, Internal Audit, Shared Services, Communication and Public Relations, and Change Management. Dedicated work streams comprising staff from the operating entities and ICDC were formed to implement the activities under each of the areas of cooperation. As at the end of June 2021, implementation of 50 per cent of the activities was on-going with the remaining 50 per cent being dependent activities scheduled to commence on completion of the preceding activities. The third question was whether public participation and comprehensive stakeholders’ engagement was undertaken regarding the creation of identity, including engaging Ndongo Workers Union as required under Articles 10, 227 and 232 of the Constitution, and the National Treasury responds as follows: Executive Order No.5 of 2020 was issued by His Excellency the President pursuant to his powers under Article 132 (3) of the Constitution to organize Government in a bid to ensure efficient service delivery, pursuant to the Executive power donated to him by the people of Kenya and under the Constitution of Kenya. Article 132 of the Constitution of Kenya provides for the functions of the President. These functions include but are not limited to directing and coordinating the functions of Ministries and Government Departments. Section 4 of the State Corporations Act provides for ministerial responsibility for State corporations. Premised on the above provision of the law, it follows that the action of directing and coordinating the functions of ministries falls within the functions of His Excellency the President of the Republic of Kenya. Further, national functions of directing and coordinating the functions of Ministries and Government Departments involves organizing various offices and Departments of those Ministries, including but not limited to various State Departments. The decision to transfer Kenya Ports Authority (KPA), Kenya Pipeline Company (KPC) and Kenya Railway Corporation (KRC) to the National Treasury under the ambit of the Cabinet Secretary for National Treasury and Planning from the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works is within the powers of the President. The move, as provided in the provisions of Article 132 (3) (b) of the Constitution, is not inconsistent with any Act of Parliament. We do note that the Kenya Ports Authority Act (Cap 391) and Kenya Railways Corporation Act (Cap 397) do not make specific mention of the Ministry or the Cabinet Secretary responsible. Therefore, the assigning of the responsibilities to the Cabinet Secretary in charge of National Treasury is within the powers of the President as communicated through the Executive Order. Public participation is anchored in law and actualized under the rights to be heard. With regard to public participation, we note that the creation of Kenya Transport Research Network (KTRN) was as a result of the findings in the Report of the Presidential Taskforce on Parastatal Reforms. The post was subject to public participation as indicated on page 13 thereof. Further, pursuant to Article 10 of the Constitution on national values, the National Treasury sought to have a framework agreement under which the stakeholders affected by the Executive Order would operate. The four State entities, that is the Industrial and Commercial Development Corporation 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."
}