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"id": 183999,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/183999/?format=api",
"text_counter": 263,
"type": "speech",
"speaker_name": "Mr. Kiunjuri",
"speaker_title": "The Assistant Minister for Water and Irrigation",
"speaker": {
"id": 175,
"legal_name": "Festus Mwangi Kiunjuri",
"slug": "mwangi-kiunjuri"
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"content": " Madam Temporary Deputy Speaker, we have noted the content of this Motion and I have the following to say. First of all, I agree with the hon. Member that the Government owes its citizens a duty of care. The citizens of Budalangi are citizens of this country. I also sympathise with them because we have been reading and have witnessed the floods taking place in Budalangi. Much as floods are all over the country, we appreciate that the magnitude at Budalangi is high compared to the other areas in the country. At the same time, the Government has tried its level best. However, there are some issues which have not been addressed even to date. I want to assure the House that the Government is doing everything possible to make sure that we control these floods. It has taken long, but the Government is still on course. Madam Temporary Deputy Speaker, we have problems with the rehabilitation of dykes. Much as we would like to say the Government is doing its work, we also know that there have been failures in some contractors. The Government is making sure that any work given out will be properly supervised to make sure that the contractors do not rip off Government coffers and end up filling their pockets without doing quality work. We are going to take the required action to make sure that in future such things do not happen again. Madam Temporary Deputy Speaker, as it has been said, it is true that some of these dykes have already outlived their usefulness; their lifespan has expired. What is required to be done is being done. We are putting in more money and making sure that we do a proper construction of the dykes. It should be noted that it is about 32 kilometres and, therefore, we require a lot of money. We require billions. We should be able not only to put up dykes, but also make proper use of those waters. We need to tap those waters for proper use. That is why I am agreeing that we should have a policy on floods. It is already under way, and we are doing a lot to make sure that this disaster is October 15, 2008 PARLIAMENTARY DEBATES 2749 mitigated across the country. Madam Temporary Deputy Speaker, in this Motion, the hon. Member is asking us to do two things; first, he wants this House to resolve that the Government compensates all victims of the Budalangi floods from the year 2000. Secondly, he wants us to compensate land owners who lost their land. I have the following to say about compensation. Much as we sympathise with those people, and as much as we agree that the Government should be humane enough, and should, on humanitarian grounds, support people across the country where there are disasters, this cannot be legislated for. We cannot have legislation, or pass a Motion here, to compel the Government to do that. We have reports that yesterday in North Eastern Province, floods washed away dams and killed people. Tomorrow there will be floods in Mathare or Kiserian, and property and lives will be lost. If it does what this Motion wants, the Government will set a very dangerous precedent, where when any natural disaster occurs, then it will be forced to pay compensation. So, the only measure that the Government can take--- This cannot be argued against, because it is going to happen. The other day, there was a natural disaster and livestock was cleared. Today, pastoralists do not have cattle or goats. Are we going to compensate them? The Government can only step in and do mitigation. I will be very particular on the flood victims; the Government can only be asked, on humanitarian grounds, what it can do to support those families. Madam Temporary Deputy Speaker, on the issue of compensation for the owners of the lost land, it is their right. If anybody has lost his or her property, for example through forced acquisition by the Government, then the Government must be compelled to compensate such a victim. That can only be done through proof. You produce your title deed and prove that your land has been taken away, and then you will be compensated. Those people who are complaining should have documentation and the Government should be compelled to compensate them. We shall then look for the relevant Ministry like that of Finance or that of State for Special Programmes. I do not think there is any hon. Member who would be opposed to the Government compensating individuals who have lost their land to the same Government, nor can we support individuals acquiring by force land that belongs to other Kenyans. Therefore, on this Motion, as it is right now, the Government position is very clear, that it owes them a duty of care, and that is to compensate them if there has been any loss of land. The Government is aware of the perennial problem of floods, but since the year 2002 funds have been allocated for flood control measures like rehabilitating the northern and southern dykes. The rehabilitation work undertaken on dykes has cost about Kshs1 billion so far. I think this is not enough. It is just like a drop in the ocean. Since the year 2002, with the participation of the local community, and without affecting their land, the dykes have been constructed on riparian land reserves on both sides of River Nzoia. Therefore, no land owner has so far lost his or her land. Therefore, compensation to the same cannot arise. I have clearely indicated that, if there is any proof to the contrary, then we are responsible. Further, the Government has also initiated the Western Kenya Community-Driven Development and the Flood Mitigation Project which are being implemented by the Ministry of State for Special Programmes, and are financed by the World Bank. They carry a component of an early warning system that will assist in the mitigation of the flood problem. Besides the early warning system, the Government will construct check dams along River Nzoia to control flooding, and also be used in irrigation. What I want to tell the hon. Member is that he should be able to come in and know exactly what is going on. If he is aware, then he should be one of the members of the community that is participating. We cannot continue blaming each other. We cannot live in the past. We must come out of the past and look at the future. The only way we can do that is to ensure that we have competent people in those committees. Madam Temporary Deputy Speaker, whenever money is coming in and the community is 2750 PARLIAMENTARY DEBATES October 15, 2008 involved, let us get the right people, so that at the end of the day, they will be able to question the project as it goes on, rather than wait until the last minute when the work has been done and Kshs1 billion is lost. If this question was put early about Victory Contractor, and other contractors we have heard about, and seriously discussed by this House, we would not have lost the billions of shillings that we have lost. Therefore, it is important for us, as young people in this country, to take the initiative and work overtime. That way, we will be able to prove to Kenyans who elected us that we do their work according to the laid down procedure. I also believe that the hon. Members in the areas affected by floods should be able to take responsibility. If you look at those dykes, you will realise that there is also failure on their part; there are undesirable things like clearing the bushes along the river, cultivation, grazing and so on. These activities hasten erosion and degradation of the dykes. We should also take responsibility. We should make sure that we do what we are supposed to do. Bush clearing and farming along the river banks should be controlled. Madam Temporary Deputy Speaker, I would like the hon. Member to have his time to reply, and I will take another two minutes, so that he can respond and we listen to him. The purpose of bringing a Motion here is not a contest between the hon. Member and the Government. It is about listening and seeing whether there are issues being advanced. Days are gone when the Government would just say \"no\". We should listen to you. You also have an opportunity to go and correct your position, and then come back to this House. You can request a Ministerial Statement to respond further to your issue or ask a Question. Furthermore, you still have six months after which you can bring in another Motion. I believe that it would be more important if we addressed this issue from a humanitarian point of view. Let us look at the facts on the ground. Let us not whip up any emotions; if it is true that there is any citizen who is suffering, we shall look at it. But on the issue of compensation, let us approach it differently. Let us look at what the Government can do for its suffering citizens. With those few remarks, I beg not to support the Motion."
}