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{
    "id": 1433867,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1433867/?format=api",
    "text_counter": 234,
    "type": "speech",
    "speaker_name": "Kilifi North, UDA",
    "speaker_title": "Hon. Owen Baya",
    "speaker": null,
    "content": "properly. Any errors within a Bill maybe interpreted differently by other people. As we support this Bill, we have an opportunity to correct the errors. We also have the Parliamentary Service Act, 2019, in this Bill. Members of this House will be interested to know what kind of amendments are being made in this Act. This Bill is for Parliament. It seeks to provide that the PSC shall be responsible for performing functions necessary for the well-being of Members and staff of Parliament. It includes one very important and significant matter that affects Members who sit in this House; that is, setting the mileage reimbursement rates. Initially, these rates were set by the Ministry of Roads, Transport and Public Works, Salaries and Remuneration Commission (SRC), and other bodies. However, we will bring back this function to PSC. It will now set the mileage reimbursement rates and other facilitations relating to the mandate of the State officers in Parliament. I ask Hon. Members to ensure that when we come to the Third Reading of the Bill, they support this amendment for the sake of their welfare. Lastly, we have amendments within the Judicial Service Act No.1 of 2011. The amendment seeks to provide that the Judicial Service Commission (JSC) shall be responsible for performing functions necessary for the well-being of judges, judicial officers, and other staff of the Judiciary, including transport facilitation and rates of daily subsistence allowance. This has been noted and agreed upon that the JSC should now look at transport facilitation and rates of daily subsistence allowance, which is something that the SRC had taken away. We want to restore this to the JSC. I have talked about the amendments in the Parliamentary Service Act and Judicial Service Act. Under Articles 127 and 172 of the Constitution, these two bodies are independent. Therefore, they should be allowed to function as independent institutions without necessarily having interference from SRC which always interprets Article 230(4) of the Constitution to say it has the mandate to facilitate Parliament and the Judiciary. This amendment will bring back the powers to both PSC and JSC to set the limits and rates in respect of the transportation allowances. The Supreme Court made a pronouncement and found that Article 230 of the Constitution must be read alongside other provisions that provide the same powers to PSC and JSC. The proposal is thus timely, merited, and seeks to address the constant conflict with SRC. We have conflict with SRC every time because it wants to set limits for Parliament and JSC. However, these amendments that we have brought in the Statute Law (Miscellaneous Amendments) Bill will give these two bodies an opportunity to run away from the conflict with SRC all the time. It is my pleasure, this moment, to request Members of this august House, including Hon. Ndindi Nyoro, Hon. GK and Hon. Farah Maalim, to ensure that they support this Bill even if they have not listened to this very important debate. Hon. Farah Maalim needs to teach Hon. Ndindi Nyoro, who is a young man, that he needs to be listening in Parliament."
}