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{
    "id": 1142638,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1142638/?format=api",
    "text_counter": 134,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "least, they have tried to get people in civil and water engineering and economics. This is a basic understanding of what is happening. The only place I have a problem with is Section 17, the Chief Executive Officer, and that will end my comment, so I can allow colleagues to comment. When you look at the Fourth Schedule, the water function is devolved. When you read the Principal Act, there is mischief here. It says – “The Cabinet Secretary shall in consultation with the Water Resource Authority (WRA) Secretary, the National Water and Storage Harvesting Authority (NWHSA), the National Land Commission (NLC), the COG and other stakeholders prescribe administrative and regulatory frameworks for water storage existing, and future irrigation requirements”. That is in the Principal Water Act (2016). I think it is the same. I have a problem with the introduction of Sub-Article (2), which says – “without prejudice to Sub-Section (1). “The Cabinet Secretary shall ensure that irrigation developments are planned and implemented”. We are forgetting that under the Fourth Schedule, the role of water has been fully devolved. The Ministry of Water, Sanitation and Irrigation should be minimal. It should be as minimal as the smallest mustard seed that the Bible talks about in the book of Matthew. I do not know why the Cabinet Secretary should have sweeping powers and say “without prejudice,” which means he can ignore. I wish they would have said, “shall ensure that in consultation with County Governments” because we are the protectors of devolution under Article 96. When I used to be the Chairman of the Justice, Legal Affairs and Human Rights Committee, they used to bring omnibus amendments. We are reversing the gains of devolution by doing these minimal Amendments. The retired Judge, Sen. Madzayo, will understand this better. They are bringing very small changes, but very dangerous to devolution. You cannot say that the stakeholders can participate in the formation, formulation and implementation of the policy of irrigation, but tell the Cabinet Secretary that he can still come through the back door with any other implementation. In other words, it means that we are going back to where we are running away from. That is why you find that the Ministry of Water, Sanitation and Irrigation is controlling a lot of money that should have been used through revenue allocation to ensure we give our people water. In fact, in Kenya we should no longer be discussing about waterborne diseases or Nairobi City County not having water, yet that function has been devolved. I agree that is should be crosscutting in terms of policy directions that have been provided. This provision is a threat to devolution. I wish the parent Act could be retained. The replacement and repealing is just in the wording, giving sweeping powers to the - Who is better placed to reduce conflicts in water resources if it is not the local county government administration or Member of County Assembly (MCA)? How can the Cabinet Secretary (CS), Hon. Sicily Kariuki, resign and there is no CS in that Ministry at the moment? How can the CS in Nairobi know the problems that people are facing in"
}