Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1483201,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483201/?format=api",
    "text_counter": 365,
    "type": "speech",
    "speaker_name": "Marakwet West, Independent",
    "speaker_title": "Hon. Timothy Kipchumba",
    "speaker": null,
    "content": "a public library is. Under the section on definition, it has defined a “public library” to mean a library established, maintained and managed by a county, a non-governmental organisation, a community or private person that is open to members of the public. So, it is now clear. There was no distinction. When the Constitution said that library services is a devolved function, there was no clear definition as to what constitutes a national library and a public library. This proposed legislation is clear on what falls within what category. This is a very important legislation. Libraries in this country have been run in a haphazard manner. The current legislation in operation is CAP. 225 and the Kenya National Library Services Board. So, this proposed new legislation gives a clear guideline on how national libraries will be managed in this country. In effect, this law will repeal CAP 225. CAP 225 was enacted in 1965 and amended in 1967 and 2007. That means that since we passed the new Constitution of Kenya in 2010, that Act has not been amended to reflect devolution under the 2010 Constitution. The other challenge that we have is that the County Library Service Bill is still pending before the Senate. The Senate has to fast-track it. As we speak, we do not have a uniform legislation that is governing the running of devolved libraries in this country, because that Bill is still pending before the Senate of the Republic of Kenya. I have done the statistics. Only 33 counties in this country have public libraries. That means that we have 14 counties in this country that do not have a public library. That is a challenge that county governments have to take up because it is a devolved function. They should set up those libraries. I have the Report of the Committee. We must carefully look for a way to address conflicts. Ideally, if you read the Constitution critically, you will realise that this function is devolved. We are just trying to find a way of taking care of the national libraries. Library services is a devolved function. We must find a way of resolving a conflict in case there will be a question on interpretation. Remember, Article 191 of the Constitution says that when a function is devolved and there is conflict with the national legislation on which law is superior, the county legislation prevails over the national legislation. So, we must find a way of resolving such a conflict if it arises. I support the Bill. Before I sit down, I wish to thank Hon. Millie Mabona for the wonderful book, Rig or"
}