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{
    "id": 1286082,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1286082/?format=api",
    "text_counter": 287,
    "type": "speech",
    "speaker_name": "Sen. Wambua",
    "speaker_title": "",
    "speaker": {
        "id": 13199,
        "legal_name": "Enoch Kiio Wambua",
        "slug": "enoch-kiio-wambua"
    },
    "content": "Thank you, Mr. Speaker, Sir, for protecting me from Sen. Methu. There have been several attempts in this country to arrive at Universal Health Care (UHC), to ensure that we provide health care to our people at all levels. It will be remembered that we started with the managed equipment services which became very infamous and was used as a cartel to siphon a lot of public funds. Now, we have progressed into the Facilities Improvement Financing Bill. Mr. Speaker, Sir, from where I sit, the spirit of the Bill is sound. However, the letter of the Bill is serious. I will begin by just pointing out that a Bill as important as this, is not a Bill that should be passed and pushed through the Senate. It is a Bill that we will need serious engagement with as Members. After the Committee tables its Report, there will be a need for Members to interact with that Report and ask themselves questions as to how the Committee arrived at the position that we are at. I have just had a glance at the Bill and noted two important things. One, whereas it is true that the Public Finance Management (PFM) Act of 2012 stops county governments from spending money at source, requiring them to deposit their collections in the County Revenue Fund (CRF) accounts, there is a lacuna created by the law; that, county governments could legislate on areas where they would want to collect and ring- fence monies and spend at source. That is the lacuna that the proponents of this Bill have used to bring about new legislation on the use of monies collected by public health facilities to improve the same facilities. As I said, the spirit is sound, however, when you look at Part 1, Clause 4, that is where the problem begins. This Act is only supposed to apply up to level five public health facilities in Kenya. You ask yourself, why not in the teaching and referral hospitals which actually collect a lot more money than the Level Five Hospitals and below? What is the thinking behind that? That is why I am saying that Members need to engage with this Bill so that we propose proper amendments to it. The proposal is that where there is a conflict between the provisions of this Act and any other law--- what we have done is, we have elevated ordinary legislation over and above all other legislations. The only legislation that supersedes ordinary legislation, is the Constitution of Kenya. Why are we upgrading this law above any other law? Mr. Speaker, Sir, the 100 per cent retention at source is also a recipe for manipulation and for abuse by county governments."
}