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{
    "id": 1228473,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1228473/?format=api",
    "text_counter": 259,
    "type": "speech",
    "speaker_name": "Sen. Veronica Maina",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, the Committee also felt that the Bill did not address instances such as insecurity contributed by non-realization of economic and social rights either as a cause or effect of such insecurity and the interventions to be taken to ensure that citizens residing in such areas enjoys the economic and social right as enshrined in the Constitution. Mr. Temporary Speaker, Sir a case in point which I have heard debated in this house in the last few days is the situation of insecurity which is happening right now in the region of West Pokot and Elgeyo-Marakwet where some Senators have presented situations in this house, feeling that the levels of insecurity are caused by other causative factors like scarcity of resources and clamouring for those resources. It is not just that area it is prevalent even in other areas. An example is Kitui where we have scarcity of resources and this is driving communities to herd their cattle or camels in other zones and as a result, the scarcity of those resources becomes a major causative factor of insecurity. The Bill also seems to suggest a separate strategic plan for incorporating socio- economic rights. The County Integrated Development Plan (CI DPs) are expected to integrate all matters related to development within the county. As such an amendment to the County Governments Act would be preferred if the language in Section 108 of the Act is found to not properly capture the obligation under Article 43 of the Constitution. In effect, when we are looking at legislation that could be amended to bring into life Article 43, then we are looking at that Section 108 to see if there is possibility that it can be amended. It can be beefed up to allow for the County Governments Act, an existing legislation, to just continuously assist in rolling out or having an ecosystem within which these rights can be rolled out. One of the observations that was done by the Committee is that the development plans, both at the National and county levels of government ought to integrate the realisation of economic and social rights. Therefore, there should be an alignment rather than a separation in planning and allocation of the available resources. It is harnessing the synergy of both the county level of government and the National level of Government. Then there was also need for clarity on the efficiency of the institutional framework and the oversight mandate of the KNHCR. For this reason, the Committee observed that there is need for a feasibility study to determine the level of implementation of first generation of rights. I know that the House is conversant with the first generation of rights; that is what is enshrined in the Constitution as the “Bill of Rights”; that being the civil and political rights, and the capacity of that commission to monitor the implementation also of the economic and social rights as proposed in the Bill. So, there would be need to have a separation so that if we are then mandating the KNCHR to deal with the first generation of rights, then are we saying that we now lift the second generation of rights to the new Bill? Or are we saying that the KNCHR can have an amendment that allows it to then monitor the second generation of rights. Then there was also need for a national conversation on the concept of progressive realisation of economic and social rights. What is notable is that over decades"
}