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{
    "id": 1474371,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1474371/?format=api",
    "text_counter": 273,
    "type": "other",
    "speaker_name": "",
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    "content": "Unfortunately, when the Governor appeared before my Committee and we put him to task, it emerged that even in his response to the fire incidences in Nairobi, he never convened the disaster committee. In his defense, he brought us a memorandum that he had written arguing that the law was defective. Madam Temporary Speaker, we must deal with the law as it is rather than the law as it ought to be. We recall dismissing the Governor and directed that if he is dissatisfied with the law that was validly passed by the County Assembly of Nairobi, he should sponsor amendments. In the absence of amendments, he must therefore, ensure that the county disaster committee is in place. Nairobi is too important for important instruments like a county disaster committee to be run at the whims of a Governor. Even as I support this Bill, on the part of county disaster committees, I hope that the relevant Committee will look at the other legislations that various county governments have already enacted to ensure what we are proposing will make sense to their operations. Madam Temporary Speaker, even as we speak, I challenge you to dial 999. When I was growing up in Nairobi, we knew that 999 was a number that you would call when you are in problems. If you are faced by muggers, call 999. If there is fire, call 999. If thieves break into your house, call 999. I do not know what you will get today if you call 999. That shows you the kind of breakdown that we have in our disaster risk and response strategies. If we will be serious about this matter of disaster management, the national Government should not leave that responsibility wholly to county governments. I know in it is assigned to county governments in the Fourth Schedule. Even housing is assigned to county governments and the President is going around the country launching houses. Water is a function of the national Government and the President is going around launching water projects. What is special about firefighting? Why do we want to leave this responsibility with its huge budgetary and coordination mechanisms to county governments? I want to challenge the national Government that in as much as this is a county function, the Intergovernmental Relations Act requires the National Government to support county governments in areas where county governments might not have the capacity. Madam Temporary Speaker, there is something we need to clean up in this Bill. It talks about a national state of disaster; that the President can declare a national state of disaster. The wording is different from what is in the Constitution. The Constitution talks of a national state of emergency. Under Article 58, the President can only declare a national state of emergency through parliamentary approval. What is this other thing called national state of disaster that the President can then use to curtail movements and the Bill of Rights because it is not subject to approval by Parliament? We need to be careful that we do not introduce another state of emergency and call it a state of disaster in this Bill. Madam Temporary Speaker, I hope that the Committee will bring their report so that we make an informed decision on the issues and areas that need to be amended to ensure that this Bill is fit for purpose."
}