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{
    "id": 1341955,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1341955/?format=api",
    "text_counter": 196,
    "type": "speech",
    "speaker_name": "Seme, ODM",
    "speaker_title": "Hon. (Dr) James Nyikal",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. This attempt to reduce funding through KeRRA raises two basic issues. The first is the welfare of the people. Like with the NG-CDF, people have felt the value of KeRRA through the way the roads have been done. An attempt to take the money to counties will not really give a similar effect because counties have very many competing needs. They do not ring-fence funds for their purposes. It will go into one pool and do all sorts of things. It will not focus on roads. It cannot have the same effect. Secondly, is fidelity to the law in our governance and management of the affairs of this country. Appropriation of funds is only through Parliament and the laws. Funds through KeRRA can only change in accordance with the Kenya Roads Act. If anybody wants to change it, the matter must be brought before this House and the Kenya Roads Act is changed. Hon. Temporary Speaker, we are seeing a tendency in this country where the Executive is doing things against the law. It is not necessary for the Executive to break the law. The circulars that officers give that are against the law have no meaning and are dangerous. I have been in Government. Officers should know that they will go to jail if anything is done due to any circular that is contrary to the law. Sometimes, we hear people mentioning the President’s name - that it is a presidential directive. That will not help you in a court of law. The President gives and signs directives in written form. That is what the Constitution says. It is wrong to give those directives and circulars without a written directive from the President. Even then, it can be challenged if it is against the law. At this particular time, with this Assembly as it is, there is absolutely no need for the Executive to do anything against the law. This Executive can change the law any minute it wants. We know that because we are in this Assembly. If they want to change things, come here and use the knife that this current Government has of changing the law as it deems fit. It will be okay. There is no need to do things against the law. We have seen this. We have had it at the Ministry of Education and the Ministry of Health. Look at the admission of students to the Kenya Medical Training College (KMTC) now through the Kenya Universities and Colleges Central Placement Service (KUCCPS). It is illegal. Even the Attorney-General has stated that it is illegal, but it is still being done. What is the harm of just bringing that KMTC law here to be changed so that it is in line with the KUCCPS’s law? It can be done in a day. We have passed important Bills here in two days. Why are we breaking the law? I commend the Committee members for the recommendations they have made. I support. But let me give a warning to committees. From the tendency we are seeing, you are going to be manipulated by the Executive. Yesterday, I clearly demonstrated here that the minutes of our Departmental Committee on Health did not reach the Order Paper as we passed them in the Committee. I must tell all Committees: “Please, stand your ground”! You are the vanguard against the excesses of the Executive. With that, I support this Report."
}