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{
    "id": 1490449,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1490449/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Sen. Methu",
    "speaker_title": "",
    "speaker": {
        "id": 13581,
        "legal_name": "Methu John Muhia",
        "slug": "methu-john-muhia"
    },
    "content": "Madam Temporary Speaker, this was our argument. Where does the funding of the Water Fund come from? They get their funding from the Exchequer, partners and donors. Where does the budget of the WWDA come from? They get their budget from the Exchequer and donors. Why is it that you are getting your budgets from the same source but you want to partake from a budget of the other agency? Why did they want to open up that budget to the WWDA? More importantly, because it is important that I converse on this particular proposal in law. The budget of the Water Fund for the year 2024/2025 was about Kshs4.7 billion. It was actually Kshs4.3 billion. If you are to divide Kshs4.3 billion among the number of counties that we have, equally, it would just be Kshs90 million for every county, including the counties that we come from whether it is Nairobi City or Murang’a. I would like the Senator from Busia, Tana River or West Pokot counties to tell us, what major project can be undertaken by any serious Government agency with Kshs90 million for a whole county such as Tana River? Do we now have so much that we can share with the WWDAs, whose budget runs in tens of billions? Why would they want to partake in these small budgets that are meant for a small dam in Tana River County or a small borehole in a remote area of Busia County that the WWDA or the county government cannot get to? We felt very disappointed that the Water Fund, and their leadership do not want to support this. However, we are happy that we are able to convince our colleagues from the National Assembly to support this particular proposal by the Senate. The Committee agreed with the Senate's proposal to delete Clause 11 of the Bill that proposed to amend Section 114 of the Water Act to expand the mandate of the Water Sector Trust Fund by broadening the scope of its entities to which the fund caters. By the way; the reason that was given by the Water Sector Trust Fund is that most of the donors who want to give money, do not have a lot of trust with the WWDAs. Madam Temporary Speaker, I do not want to say that they wanted to cure diarrhoea by sewing the exit, but it looked more like it. There is need to protect the integrity and the purpose of the Water Trust Fund. This is what has been explained on this particular clause. Finally, allow me then to go to Clause 12, an amendment to Section 119 of the Water Tribunal. It was a proposal of the Senate that since water is a devolved function, it is only fair that we allow the Council of Governors (CoG) to nominate members who shall be sitting in the Water Tribunal. However, it also came to our notice, especially from our legal people, that we have to reject that particular proposal. If a tribunal is supposed to be an umpire, why then do you need to bring players or allow players to nominate people to sit in this particular tribunal? Article 169 of the Constitution of Kenya establishes subordinate courts, including local tribunals, established by an Act of Parliament. In exercising judicial authority under Articles 159 and 160 of the Constitution, tribunals ought to be independent. This informed our decision of agreeing to reject our own proposal that we have the CoG nominate two people to sit in this Tribunal. If this Tribunal is to be independent, then we 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."
}