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{
    "id": 1172151,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1172151/?format=api",
    "text_counter": 306,
    "type": "speech",
    "speaker_name": "Kikuyu, JP",
    "speaker_title": "Hon. Kimani Ichung’wah",
    "speaker": {
        "id": 1835,
        "legal_name": "Anthony Kimani Ichung'Wah",
        "slug": "anthony-kimani-ichungwah"
    },
    "content": "The Bill also violates Article 201 of the Constitution, which provides that public money shall be used in a prudent and responsible manner. The extent is that this Bill seeks to accentuate the current practice for placement of Government sponsored students in private universities, even when there are vacancies in our public universities. It is important to note that I must make disclosure that I speak and want to speak on behalf of our public universities. Many of our public universities, including our premier public universities like the University of Nairobi (UoN) and Kenyatta University are on their knees financially. If Moi University in Eldoret is not closed down, it is probably on the verge of being closed down. Therefore, when we pass a Bill that is placing students in private universities at the expense of public universities, we are going to be acting in a manner that is contrary to Article 201, that provides for prudent use of public resources. It is public resources that are funding these students being placed in our universities. Additionally, Article 201 of the Constitution provides that financial management shall be responsible and fiscal reporting clear. It means that all public money shall be managed in a manner that is responsible and the fiscal reporting clear. If you look at Clause 18 of the Bill, which deals with the Universities Fund, it provides for allocation of public funds to private universities without subjecting the same private universities to the Public Audit Act of 2015 in terms of reporting and accounting for public funds. Hon. Pukose just mentioned in the previous Motion that where we appropriate money in this House, whether we are appropriating that money to a public institution, that public institution must be subject to the Public Audit Act of 2015. That is why the Public Investments Committee reviews the accounts of our public universities. Under this Bill, when we now give money to private universities that are not being audited by the Auditor-General, what confidence and assurance do we have that indeed this money is going to benefit real students, or even students that exist? Those who sit in the Public Accounts Committee can tell you – because it is a matter that has been before it – of cases where there are ghost students being sent to private universities purposely for capitation. Because that matter is still alive before the PAC, we hope that maybe it is a matter that will come to light when they table their reports. But, my point is that we must ensure that the money we appropriate in this House is being audited by the Auditor-General so that we ensure that Kenyans are getting value for money. Thirdly, Hon. Speaker, is on Article 43(1)(f) of the Constitution, which provides for the right of every person to education. The Bill is an affront to this particular Article of the Constitution, as it now allows the placement of Government sponsored students in private universities even in instances where there are vacancies in public universities hence, negating the right of Government-sponsored students to education in a university of their choice. I am very keen on this particular provision, because I am very passionate on education matters. Many Hon. Members here will bear me witness that we have hundreds, if not thousands, of our students who pass their KCSE and are placed in private universities. Consequently, with the Government capitation that is going to those private universities, they are not able to meet the requisite fees in private universities. Many of those university students fall back to our constituencies looking for NG-CDF bursaries to cater for their education in the campuses."
}