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{
"id": 1372581,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1372581/?format=api",
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"type": "speech",
"speaker_name": "Sen. Mumma",
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"speaker": null,
"content": "Thank you, Mr. Temporary Speaker, Sir, for the opportunity to contribute to the conversation on the Water (Amendment) Bill, 2023. In my first three minutes, I had raised the need for this House to stay true to its mandate in Article 96; being the protection of devolution. I also urged our colleagues on the Majority side to help us ensure that laws that are coming from the National Assembly and hurried through this House, still meet the obligation under Article 96. I reiterate that this Amendment Bill is one of those Bills that offends the Constitution when it comes to devolution. Since we have students in the Gallery, Members should know that the water function is a devolved function. In the Fourth Schedule that assigns functions to the two levels of Government; the national Government Section 22 (c) is assigned the role of- “Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular; (c) water protection, securing sufficient residual water, hydraulic engineering and the safety of dams;” Mr. Temporary Speaker, Sir, the role of the national Government in addition to this is developing national policy, standards and regulation of matters relating to water. On the other hand, the county government is assigned the water service provision. It includes county public works and services, including, storm water management systems in built up areas and water and sanitation services. When you read through this Amendment Bill, the proposal herein is to take the function of providing water services and assign it to two types of national Government corporations. The Water Act, 2016, established a number of bodies, including the Water Resources Authority, the National Water Harvesting Storage Authority, the Water Works Development Agency among other national Government bodies, with specific roles that they are supposed to carry out. In this Bill, it is being proposed that functions that belong to county water companies be given to the National Water Harvesting Storage Authority whose functions are limited to developing infrastructure for managing water resources during emergency and drought seasons. This authority, which is the former National Water Pipeline Authority, has through the backdoor tried to usurp functions that are provided to the water companies. Basically what we are being told from the first clause to the end is, we are re-organizing amendments to ensure that this authority is assigned functions that belong to a county government. Mr. Temporary Speaker, Sir, I call on this House to ensure that we do not pass this law. This is because if we pass it, it will offend the Constitution and it will also be stopped by the courts. As a House in this Third Session, I am calling upon us to rise up and be the House that does what Article 96 calls upon us to do. They have suggested a number of changes in the definition. For instance, in Clause 2, they are proposing to introduce new language that brings in a contracting authority at the national Government. This is State department agency or corporation intends to have its functions undertaken by a private party. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}