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{
"id": 1490448,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1490448/?format=api",
"text_counter": 261,
"type": "speech",
"speaker_name": "Sen. Methu",
"speaker_title": "",
"speaker": {
"id": 13581,
"legal_name": "Methu John Muhia",
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"content": "standards for the provision of water services and asset development for water services providers without the approval of the Cabinet Secretary. I am sure from what I have read, you know what we are trying to protect. It is now an overreach by the Executive, especially the Cabinet Secretary, in an independent body tasked with the responsibility of ensuring that they are the ones that set tariffs and publish regulatory standards. So, for it to require another approval by a Cabinet Secretary, we felt that this would be an overreach of the Executive. We need to protect the WASREB from this overreach by the Executive. That is why we, in the Mediation Committee, agreed on this mediated version of this particular section of the law. However, pursuant to Section 2 and 22 of the Statutory Instruments Act guidelines, the statutory instruments and consequently, there is a requirement for the publication in the Gazette. Section 2 of the Statutory Instruments Act includes guidelines in the definition of the statutory instruments as follows- ‘Statutory instruments mean any rule, order, regulation, direction, form, tariff or cost of these letters, patent, commissions, warrant, proclamation by law, resolution, guideline, or any other statutory instrument issued, made, or established in the execution of a power conferred by or under an Act of Parliament under which the statutory instrument or subsidiary legislation is expressly authorized to be issued’. So, whereas Section 22 provides for the publication of the statutory instruments subject to Section 2, every statutory instrument shall be published in the Kenya Gazette and shall be assigned a serial number as of the year and that kind of thing. However, what was agreed upon in this particular section of this law is that the Cabinet Secretary shall not have to approve or superintend over work that has already been delegated to the Water Services Regulatory Body (WASREB). Madam Temporary Speaker, allow me then to go to Clause 11. There were not very many clauses that we are dealing with at the mediation level. I am not very far from being done. I actually just two sections away. Clause 11 is an amendment to Section 14 of the Objects of the Water Sector Trust Fund (Water Fund). Before I read what is in this mediated version, allow me to express my great displeasure because we invited the leadership of the Water Sector Trust Fund, to appear before the Committee of the Senate before it appeared before the Mediation Committee. We have been trying to protect a proposal to allow Water Works Development Authorities (WWDAs) to partake upon the budget of the Water Fund. I wish to refer to the Constitution, and I know those who comment after me will tell you that the reason why the Water Fund was mooted and the reason why it is part of the Government agencies that we have is so that they can reach where WWDAs cannot get to go. In fact, specifically, it is there in law that for them, their appraiser or budgets are supposed to go to the most rural parts of this Republic, where it would not be economically viable for either the county or national Government to provide water to the people who live in such areas. It is this inequality that necessitated the formation of the Water Sector Trust Fund. We felt bad that they did not support the position that had been taken by the Senate that we should not allow WWDAs from partaking from their budget. 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 and AudioServices, Senate."
}