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"id": 187316,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/187316/?format=api",
"text_counter": 282,
"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
"slug": "eugene-wamalwa"
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"content": "Madam Temporary Deputy Speaker, I beg to move the following Motion:- THAT, appreciating the critical role played by village elders/headmen as the link between the Government and the people of Kenya in many villages across the country; aware that in spite of the crucial part played by these leaders in the Provincial Administration, there is no formal, legal or remunerative recognition given to them, this House do grant leave to introduce a Bill for an Act of Parliament to amend the Chiefs' Act to create offices of village elders/headmen and to provide for requirements for appointment, remuneration and for related matters. Madam Temporary Deputy Speaker, in this country, we do have the Provincial Administration, which is a very important instrument through which the Government governs this country. From the Head of State, we have the eight Provincial Commissioners in charge of the eight provinces, 149 District Commissioners in charge of 149 districts, 561 District Officers in charge of 561 divisions, 2,000 chiefs in charge of 2,000 locations and 6,000 sub-chiefs in charge of 6,000 sub-locations. Below the assistant chiefs in many villages across this country, we have a category of leaders, who are mostly elders, who assist the chiefs in carrying out their duties across the country. Madam Temporary Deputy Speaker, the Chiefs' Act allows the chiefs, under Section 7, to employ persons to assist them in carrying out their duties under the Act. However, there is no provision for remuneration of persons employed by chiefs to assist them in the execution of their duties. You will find that under Section 12 of the Chief's Act, the Minister may authorise the chiefs to hire people to work or render services in connection with emergencies. Whenever emergencies arise in any part of Kenya, the Minister, through the chiefs, is allowed to hire people. Those people are employed to do work and, under that Act, such persons employed by the chiefs are actually paid. 2206 PARLIAMENTARY DEBATES July 30, 2008 Madam Temporary Deputy Speaker, that is because under Section 12, the Act provides that such services rendered by persons employed by the chiefs will be remunerated from public funds. Section 12 is very clear that anybody who is employed for such services will be remunerated. Under Section 13 of the Chiefs Act, the Minister may also authorise the chief to hire people and the chiefs have been employing people to actually carry out services in connection with conservation of natural resources whether it is tree planting and other duties touching on natural resources. Under Section 13, the chiefs are empowered to employ people. Such people and such services rendered under Section 13, are remunerated as provided by Section 14 of the Chiefs' Act. When you go further, under Section 16 of the Chiefs' Act, you will find that any persons engaged by the chiefs and any persons who render services whether under Section 12 or 13, whether it is in case of emergences or conservation or any duties given to them by the chiefs, such persons are actually deemed to be workmen employed by the Government. They are entitled to compensation under the Workmen Compensation Act. Yet, the people who are employed under Section 7 by the chiefs are normally elders who assist them. They carry out various duties and they play a very crucial role as the final link between the Government and the people of Kenya in every village in Kenya. Madam Temporary Deputy Speaker, these elders are known by different names. But their roles are very important in advising the chiefs. They play quasi-judicial roles in some villages. Indeed, you will find that where there are land disputes, these elders sit with the chiefs. They resolve disputes between clans and families at the village level sometimes even without the chiefs. You will find these elders sitting in land dispute tribunal adjudicating over land matters and, therefore, play quasi-judicial roles, very important roles. They assist the chiefs across the villages. You find that these elders also play a very important role when it comes to births and deaths in every village. When there is a death in village, before the word gets to the chief, you find these village elders are the first people to get the information. When there is birth or death in a village and in a way, they render services in registration of births and deaths in this country and play a very important role. Equally, Madam Temporary Deputy Speaker, these elders also play a very important role in registration of persons. In issuance of identity cards, you will find that in most villages, these elders play a very important role in recommending and vetting before any child who is born after reporting their birth. Before these children are issued with identity cards, these village elders will actually do the vetting. They work with the chiefs and the District Commissioner's Offices to ensure that youths are issued with identity cards at the Registrar of Persons offices. They play a very important role even in the issuance of passports. Equally, they are also an important source of intelligence for the State in every village. They monitor all criminal activities happening in the villages. They monitor the strange goings on in every village where there are foreigners visiting or people of questionable characters, Therefore, they are able to assist the police and the chief in monitoring criminal activities in the villages. They provide an important source of intelligence. They also play a very important part in peace keeping especially in view of the recent clashes. You will find that in villages, these elders are very much respected. They are able to advise and talk to the young people and bring about peace making and social integration at the village level. Madam Temporary Deputy Speaker, Sir, these elders also play a very important role in mobilisation. When the Head of State or Minister visit any part of the Kenya, these elders play a very important role in mobilisation and sensitization of the community. They also play an important role in dissemination of information whether it is a public policy; whether they are health matters touching on HIV/AIDS. They play these very important roles. Yet, in spite of the critical role that these village elders play, we do not recognise them. In the villages, they are the ears and eyes of the Government. That chief at the location will not be able to function without them. That July 30, 2008 PARLIAMENTARY DEBATES 2207 Assistant Chief in the sub-location relies on these elders. But do we recognise them in our laws? No. Are they rewarded for their efforts because they work for this Government? They are not rewarded. The Government has not allocated even some money to cater for their allowances. We are saying that we must, as a matter of urgency, as a nation start recognising all Kenyans of all walks of life regardless of their station particularly those who are down in the village who form the foundation of our nation. Many times, as a nation, we have not been able to recognise our true heroes. I was privileged recently to visit Washington DC. As I arrived at Reagan International Airport, there was a big billboard at the Airport and it says: \"Farmers are the true heroes of America\". In this country, there are those farmers in the villages. In a year like this where they have had a lot of problems; very high costs of inputs; they are still struggling to plant. They are still struggling to feed this nation. They are making great efforts. But as a nation, we have not truly recognised their efforts. We look for heroes in terms of those statesmen who have made or had bigger achievements. But the ordinary things done by ordinary Kenyans in extra ordinarily good way must be recognised because these are our true heroes. Today, we heard of the Early Childhood Education (ECD) teachers. These are the first people who come in contact with our children. They mould them and give to this nation the building blocks with which we build this nation. Yet, up to now, our Government has not recognised the ECD teachers. They are not paid. We are being told that they are part of the Vision 2030. Probably from 2010, they might be integrated into the system. Yet, at that village level, they play a very important role in moulding our children. But they are not remunerated by this Government. They are not yet recognised by the Teachers Service Commission (TSC). When you talk of 2010 and 2030 before we recognise these ECD teachers; before we recognise the village elders who are playing a very important role, we are not really rewarding our true heroes. We are saying that it is possible that we can recognise our true heroes as those ordinary people who do extra ordinary things for this Government. I would urge that all Members recognise them because I believe many Members of Parliament from every corner of Kenya are aware of the important role played by this very important leaders. You will find many of them walking bare foot in the villages. You will find the chief in his immaculate uniform at the office but these elders will do all the work for him. Recently, there has been restructuring of the Civil Service. We have had training of assistant chiefs, chiefs and District Officers (DOs). They have been here at Embakasi. They have reviewed their terms and they have been provided with motorised transport. They have been provided with better uniforms. But those that are actually the soul of the foot of this system of Government, out there in the village have been forgotten totally. We are asking today, may we remember these elders. May we recognise the important role they play and may we reward them. We know that the Government has been shy about this because of, perhaps, what they will be talking about; the financial implications. But they are not asking for much. All the MPs who have been out in the village will know that these elders have no income. In fact, they rely on the leaders to give them something. Every weekend when we go home, when we do not reward these leaders, we find that they turn to corrupt means. We find them in the villages adjudicating over these cases, doing what the chiefs should be doing and they are not remunerated. You find them asking for a goat or cow. As one way of eliminating corruption completely, we must start from the grassroots. Here, we are talking about leadership from the grassroots. Let us start by recognising those leaders and giving them a small allowance. It does not have to be a salary to the scale of the assistant chiefs. But we can give them an allowance and a recognition that will boost their morale. It will also reform their ways and even make them better leaders, so that we are able to curb corruption right from the village. Madam Temporary Deputy Speaker, I will be asking that we do support our village elders. 2208 PARLIAMENTARY DEBATES July 30, 2008 You may call them likhurus or wakasa in Western Province. They are called athuri-a-chibu in Central. They are the kayas in Coast Province and jaduongs in Nyanza Province. But everywhere you go, you will find those leaders who assist. They are actually the foundation of the Provincial Adminstration system, cascading all the way to the Head of State, but are totally forgotten. We shall be asking that, that Bill will be actually amending, particulary, Section 7 of the Chiefs Act so as to give formal recognition. You cannot employ without rewarding anyone for their effort. Therefore, the chief cannot be empowered by an Act of Parliament to employ and the same Act of Parliament does not say how the people employed by the chiefs under Section 7, shall be paid. Under Sections 12 and 13, the Minister has allowed the chiefs to employ. But the same Act has provided for remuneration for services rendered. Why are the services rendered under Section 7 not provided for? It is necessary. We are urging Members of Parliament to amend that Act. We shall be bringing this Bill. Let us support our leaders at the grassroots. Madam Temporary Deputy Speaker, with those few remarks, I beg to move and request the Member for Kinangop to second."
}