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{
    "id": 1143928,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1143928/?format=api",
    "text_counter": 337,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": "The import of this Bill is, looking at all the various bodies that have a mandate on different health sector, be it the Kenya Medical Practitioners and Dentists Board (KMPDB), the Pharmacy and Poisons Board or the physiotherapy board, all these boards have different enabling legislation, especially, in terms of the governance structures. What became clear is that there was no uniformity in terms of how people are appointed to the governing structures of all these bodies in line with the Mwongozo code, best practices and some of the lessons learnt from the implementation of the Health Laws (Amendment) Act, 2019. If you remember, this was one of the laws that were challenged by the Senate and had been temporarily declared unconstitutional but, the Court of Appeal vacated that order and went deeper in analysing it. It said that the Act was declared unconstitutional for the wrong reasons. As far as the Court of Appeal was concerned, that law did not involve the counties which requires the Senate’s approval. However, policy issues, in terms of the governance structures on that 2019 Act, the Court of Appeal declared that the only bit they were uncomfortable with was the reference to the Kenya Medical Supplies Authority (KEMSA). They were okay with all the other things. Therefore, even as we look at this law, we need to negotiate with the Senate that all these laws, apart from one or two, do not need to go to the Senate because they are national policy issues, which is the mandate of the National Government and the National Assembly. As I said, this law has perhaps received the most extensive public participation. I have participated on a number of those issues trying to reconcile the various positions. I know that by the time we come to the Third Reading and bringing the various amendments that will harmonise the issues raised by Members, we will have a good law for this country. By and large, we are looking at amending the manner in which the various boards are constituted and also harmonising some of those with the current Constitution. Since they were done before the 2010 Constitution, and they now need to be updated. For example, the Pharmacy and Poisons Act, Cap. 244 will be amended on the appointment of the board members to the Pharmacy and Poisons Board, not only to ensure compliance with the Mwongozo Code of Governance for state corporations but also the need to eliminate some conditions for nominations for appointment into the board. These conflicts of interest within the membership of the board have even led to members of the same boards taking one another to court and stifling the operations of those boards. There are some members in there who decide that they must frustrate other members from operating just because they happen to be in a board. These are the kinds of things we want to eliminate so that anyone who gets into a decision-making situation does not use that privileged position to, instead of serving the organisation, frustrate all the others who are supposed to be serving under it. I think this goes across all the organisations. It is not just because people 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."
}