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"id": 183953,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/183953/?format=api",
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"type": "speech",
"speaker_name": "Mr. Namwamba",
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"speaker": {
"id": 108,
"legal_name": "Ababu Tawfiq Pius Namwamba",
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"content": "Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT, acknowledging that the series of devastating floods that have perennially hit Budalangi over the years and especially since the year 2000 were largely as a result October 15, 2008 PARLIAMENTARY DEBATES 2733 of negligence by the Government manifested in delayed poor flood control measures and lack of an early warning system; noting that land-owners whose land was taken by the Government during the construction of the southern and northern dykes in Budalangi Constituency were not compensated; this House resolves that the Government compensates all victims of the Budalangi floods from the year 2000, as well as land owners who lost their land during the construction of the above mentioned dykes in Budalangi. Mr. Deputy Speaker, Sir, before I proceed to move this Motion, perhaps, I need to acknowledge that the action I am seeking through this Motion is unprecedented. I would like to tell this House that nothing new is to be feared. It is only to be understood. It is from that premise that I seek this House to understand the premises under which this Motion is moved. This Motion is moved on the premises of two fundamental questions. The first question is whether the Government has a duty of care to all citizens equally and without exception, and whether that duty of care extends to the taxpaying citizens residing in Budalangi Constituency. Mr. Deputy Speaker, Sir, my submission is that yes, indeed, the Government owes every single citizen of this land a duty of care. Number two is the question as to whether the acquisition of the land that lies within the 32 kilometre long southern and northern dykes within Budalangi was acquired by the Government in accordance with requirements of Section 75 of the Constitution that protects every citizen of this land against deprivation of property. Again, my submission is that the acquisition of the land that today lies within the flood plain was not acquired in accordance with Section 75 of the Constitution. Mr. Deputy Speaker, Sir, over the years, the name Budalangi has become synonymous with floods. It has become synonymous with unimaginable human suffering to such an extent that you cannot term the flooding in Budalangi as emergency. You cannot term the flooding in Budalangi an act of God. That is because even an act of God is that which is not anticipated. It is that which occurs within the realm of surprise or ambush. While it must be appreciated here that the flooding problem in Budalangi is not new, indeed, documented evidence shows that it has flooded in Budalangi since 1940, 1945, 1948, 1951, 1961, 1962, 1975, 1977, 1978, 1997, 2001, 2002, 2003, 2006 and 2007. But it should be noted that I have deliberately ignored that whole period and sought compensation for the victims of that flooding from the year 2000. I have a good reason for that. Mr. Deputy Speaker, Sir, the problem of flooding in that constituency has become particularly grave after the 1997 El-Nino effects, with the floods coming basically every year since that time. The effect has been quite devastating. Actually, more devastating with each succeeding year. For instance, in the year 2000, over 20,000 people were displaced and 52 people lost their lives. Of course, very high level property was also destroyed. In the year 2002/2003, about 26,000 people were displaced with several deaths also occurring as a result. The last flooding which occurred in the last quarter of 2007, again, over 20,000 people were displaced, resulting in 11 deaths. Out of those 11 deaths, six of them were children. About 4,800 pupils were also displaced and it led to the closure of five schools over that period. During that period too, basically all water points, including boreholes and wells, were contaminated and could not be used. Many roads were washed way and many settlement areas were basically marooned! Mr. Deputy Speaker, Sir, the reason for this devastation--- The reason that problem seems to get worse with every year is very simple. The number one reason has been the casual, almost cavalier attitude by successive Governments. The blame does not just lie on the current Government. The blame lies on successive Governments over the years. Flood control in Budalangi has largely depended on dykes since 1961, when the first dyke system was constructed in the constituency. Incidentally, that first dyke of 1961 was not constructed to protect human lives. 2734 PARLIAMENTARY DEBATES October 15, 2008 It was constructed to protect the newly created Bunyala Irrigation Schemes, which was one of the irrigation schemes created at the dawn of Independence across the country. The ordinary lifespan of what constitutes a dyke is not more than 25 years. That means that the dykes constructed in 1961 outlived their lifespan in 1986, which is exactly 22 years. That means that, ideally, the dykes should have been overhauled 22 years ago. Those dykes are supposed to undergo periodic rehabilitation to avoid breaching. Until 1997, no notable rehabilitation works had happened to those dykes since their construction period. The result is that when the El-Nino deluge hit this country in 1997, the waters of the Nzoia swept through both the southern and northern dykes in the constituency like a hot night flight. That brings to me to the reason I selected the period 2000 - 2007 as the period when the Government in this country manifestly failed in its duty of care to the people of Budalangi. Mr. Deputy Speaker, Sir, after the 1997 El-Nino effect, the Government formed an emergency programme called at the time, the El-Nino Emergency Programme. The purpose of that Project was to reach out to all the areas in this country that had been devastated by the El-Nino effect with funding both from the Government and the international development partners like the World Bank. In the case of Budalangi, the World Bank gave financing for rehabilitation and reconstruction of the dykes that had been destroyed by the El-Nino effects. Indeed, the Government went ahead to advertise a tender for the rehabilitation of dykes in Budalangi, and I have a copy of that tender here. It is a tender that was advertised on 23rd August, 1999. In this tender document, it was clearly indicated what was expected of the contractor; that is, the kind of earthworks, embarkment and technical competence that had to be fulfilled by the contractor. This contract was awarded by the Government to one Salama Construction Company of Kisumu, headed by one Habijan Singh. The work was supposed to start in the year 2000 and it took off."
}