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{
    "id": 1166363,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1166363/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "I have skimmed through the Bill and I am concerned about two provisions. First, it is about time that we leave legislation to be the work of Parliament. Every time, we give a lot of power to Cabinet Secretaries (CSs) we end up having problems. I have a problem with Section 46 of the Bill which seems to give the CS so much power, such that they can come up with their own legislation on how special needs schools are handled and registered. Clause 46 states that- “The Cabinet Secretary, in consultation with the relevant stakeholders, may make subsidiary legislation to provide for such matters, as the Cabinet Secretary considers necessary for the better carrying into effect of the provision of this Act. Further, in the memorandum, there is a statement on the delegations of legislation, powers and limitations of fundamental rights and freedoms. It says that- “The Bill once enacted, would give the Cabinet Secretary powers to create subsidiary legislation that would affect all education facilities in order to accommodate special needs learners” Mr. Temporary Speaker, Sir, this topic on special needs is very important. As it has been spelt out clearly, it is a special need and it is time we looked at provision of education in all the 47 counties particularly to people with special needs. Just like fingers, not all the 47 counties are equal. This is something we need to find a way out. I think some of my proposals might call for amendment of the Constitution or rather we find a way to develop certain regulations that will give this task only to the national Government. Mr. Temporary Speaker, Sir, if you go to Samburu or Narok counties and visit schools for children with special needs, you will be embarrassed. Those people are disadvantage by some of us who are advantaged and can move from one place to another. Even if the paths are not smooth, in one way or the other, you can find your way. To some of them, the schools they go to are dilapidated. That function should be given to the county governments. Clause 7(1) states that- “A county government shall be responsible for the implementation and effective and efficient delivery of special needs education with respect to the learning institutions falling within their mandate under Part 2 of the Fourth Schedule to the Constitution.” It sounds good but for me it is utopian because many county governments do not even follow what they are supposed to do. If you go to counties like Narok, Kajiado or Samburu, you will find that they spend most of the money building secondary schools but that is not their responsibility but it is a national Government’s function. This is something they will put aside. Mr. Temporary Speaker, Sir, the other one I have concerns with is the issue of land. If you look at Clause 40 under Miscellaneous Provisions, it is states as follows- “Where a special educational institution is established on land owned by the Government including land held in trust by a county government, the education institution shall have the right for the duration of its existence, to The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}