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{
    "id": 1415219,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1415219/?format=api",
    "text_counter": 511,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. In Clause 34 of the Bill, essentially, they are handing the President powers of declaration of a state of emergency in addition to the provisions clearly stipulated under Article 132 of the Constitution. I want the nation to hear very clearly what Clause 34(1) says. It states that in the event of a national disaster, the President may declare a National State of Disaster by notice in the Gazette. That is without any reference to Parliament. It adds that the declaration shall contain a concise statement of reasons for the declaration and the duration of the declaration. Again, this is without any reference to this House, contrary to provisions of Article 132 of the Constitution. The list of sanctions that are to be imposed limit personal liberties, contrary to the Bill of Rights contained in the Constitution of Kenya. I challenge the Committee to relook at this so that we build consensus. We do not want the kind of abuse that was perpetuated by police officers during the lockdown as a result of Covid-19. As a country, we should never get there. We must prepare adequately for disasters. I am not so sure on how we should interface with a pandemic because many times a declared pandemic is actually a disaster. How do we interface that? This is the kind of thinking we need to focus on. We have an elaborate disaster management system under the county governments. We are fixated with more formal structures believing it is only county governments that have the capacity to identify a risk or a disaster. As I conclude, a disaster will cause damages but the aftermath of a disaster has benefits. Can the Committee open up their mind and look at this issue in a more positive manner and not negatively all the time? When an accident happens, it gives designers, for example, of motor vehicles ideas to design better vehicles that will avoid major failures later. If we close our minds, we will never solve problems. They will keep recurring and if they do, we must be The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}