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{
    "id": 1372175,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1372175/?format=api",
    "text_counter": 220,
    "type": "speech",
    "speaker_name": "Sen. Wambua",
    "speaker_title": "",
    "speaker": {
        "id": 13199,
        "legal_name": "Enoch Kiio Wambua",
        "slug": "enoch-kiio-wambua"
    },
    "content": "composed of national Government actors resolve a matter that involves two counties without the involvement of those counties? Some of these things do not make sense. The Constitution is clear that any legislation that goes against the provisions of any section of the Constitution is null and void, to the extent of the conflict. Water is a devolved function and people are supposed to be arbitrating and resolving disputes on matters of water in counties. If those people do not consist of players from different counties, then this law falls flat on its face. The second matter is on bulk water supply. The provisions here are ridiculous. The Water Act of 2016 is clear that bulk water supply is a function of water service providers. This amendment seeks to remove that function from water service providers, including the Laikipia water service provider from Laikipia and bring it to Nairobi under what they are calling Water Works Development agencies. How will national Government agencies regulate, manage and do reticulation of bulk water in the 47 counties in this country? This provision violates the Constitution and, therefore, this law must fall flat on its face. As I conclude my submission, I would like to remind my colleagues that it should concern us that an amendment to the Water Act comes from the National Executive, to the extent that the amendment is coming from the Ministry. This should concern us, as a Senate. We must also challenge the Council of Governors. Our colleagues from the other side - who are colleagues because we are elected from the same counties with them. I know of Senators here who garnered more votes than their governors, but when elected, they behave funnily. They should wake up from their slumber and help push legislation that ring-fences devolved functions. If there are issues with water service providers, I expect the Council of Governors to be at the forefront in pushing for legislation to ring-fence the operations of water service providers. It should not be the function of the National Executive to try and cure mischief found in the water service providers. I do not know how the national Government agencies will resolve disputes within and amongst water providers in counties without involving the service providers in those counties. Mr. Deputy Speaker, Sir, with those remarks I oppose."
}