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{
    "id": 1372582,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1372582/?format=api",
    "text_counter": 154,
    "type": "speech",
    "speaker_name": "Sen. Mumma",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, when this Bill was introduced in this House, we were told that it was trying to bring in a Public Private Partnership (PPP) that would enable faster delivery of services. There exists a PPP law in this country that is skewed towards helping the national Government and it can be used. Nothing stops that PPP law from being used to get a private actor to build a dam in this country, for instance. Therefore, this addition and suggesting that this is supposed to bring in the PPP does not help. The PPP Act excluded county governments. It did not properly provide for county governments. The Water Act in Section 96 provides ways in which the county governments and entities can enter into a PPP. Therefore, county water companies are enabled to enter into PPPs under the Water Act. However, the amendments being proposed in this law are clawing back on the powers given to counties. Mr. Temporary Speaker, Sir, Clause 3 is amending Section 32 by proposing new clauses that suggest that the water companies or agencies may enter into bulk purchase agreements with an investor. The purchasing and selling of water services is a county function. You can clearly see that Clause 3 is trying to enable authorities that should not be entering into the selling and purchasing of water to do so. This is a function that belongs to the county companies in Section 77. I urge all of you to read the Constitution, the Water Act and this Amendment Bill. You will see the mischief that I am talking about. It is about removing functions that belong to water companies under counties, diluting that power in Section 77 and beefing up the functions of the National Water Harvesting and Storage Authority (NWHSA) in Section 32 and water agencies to give them powers to do what the water companies are supposed to be doing in Section 77. All of you know that we have about nine water agencies that belong to the national Government. Mr. Temporary Speaker, Sir, Article 189 of the Constitution provides for intergovernmental relations. The Water Act contemplated this and provided for opportunities in which the national Government can cooperate with county governments and how county governments can cooperate with each other. This kind of cooperation meant that the national Government may develop waterworks of a national nature. This might be taking care of water resources that take care of more than one county, or one that is intended to provide services to a national entity. For instance, we may want to develop a dam with the sole purpose of providing water to the Kenya Defence Forces (KDF). Since the national Government has the technical know-how and has the function of giving technical support to counties, this Act allows the national Government to develop public waterworks and momentarily provide services as they transition them to either county governments or joint committees or authorities by counties as contemplated in Article 189(2) of the Constitution. It is under Article 189(2) that regional blocs have been put in place. This House should encourage intergovernmental cooperation and collaboration between counties to develop services within their regions instead of reversing those services and taking them 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."
}