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"id": 19505,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/19505/?format=api",
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"type": "speech",
"speaker_name": "Mr. Wamalwa",
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"speaker": {
"id": 148,
"legal_name": "Eugene Ludovic Wamalwa",
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"content": "Mr. Temporary Deputy Speaker, Sir, I also rise to support this Bill. I wish to also say that this Bill is long overdue. Indeed, when you look at the local authorities, we have for a very long time, since 1948, had the Local Authorities Superannuation Fund. This is something that has taken care of those who have been working in our local authorities over the years. I was privileged to have served as one of the members of the Board of Trustees. Indeed, over time, we have improved the terms to ensure that all workers working in our local authorities across the country have a very well developed superannuation fund that ensures that their pension is not only safe and properly invested, but also accessible. For the public service, it is, indeed, the right thing to do to establish a contributory public service superannuation scheme for all those public servants who have worked over the years and have, upon retirement, had serious problems. In retirement, their families have suffered. To look at the provisions of this particular Bill; making it very clear in terms of payment of retirement benefits, is something that has been lacking. Mr. Temporary Deputy Speaker, Sir, whenever people have retired, their families have suffered for long in terms of accessing what should have been easily accessed and defined in our laws. But with the provision of Section 28 in this proposed Bill, it is very clear that payments will be made almost immediately and the procedure of accessing those payments is very clear. As hon. Musila has said, in the last Parliament, there were attempts to amend the Pensions Act to ensure that the payments are made within a specified period or immediately. But even after the proposed amendment by Hon. Musila was supported by the whole House and passed, it has taken time to implement and families still continue suffering. When you go to the offices that are concerned, you will find many families and civil servants who have retired travelling for miles to come to the capital city to line up. Over time, they have given up and gone back to the villages. Because of the hardships that they endure over time, many have died and left without accessing those benefits. So, we wish to support this Bill to ensure that all our public servants from now on will have a clear scheme that will be properly managed and a board that will oversee the management of those funds. Mr. Temporary Deputy Speaker, Sir, as a country, it has taken us time to develop a policy as far as pensions are concerned. I did propose an amendment to the Retirement Benefits Act in this House. It was introduced during the tenure of hon. Mwiraria as the Minister for Finance, where access to benefits had been made very difficult for those Kenyans who retired or lost employment before their retirement age. I do recall when we brought this matter before the House. We did, after sometime, actually reach an agreement with the Government to ensure that, indeed, those Kenyans who have been affected - and there are many who have lost their employment over time – are able to access their benefits. They do not have to wait for ten or 15 years to do so. We do recall that the Minister for Finance did make an undertaking before this House that, that will be implemented and, indeed, regulations will be made to ensure that those Kenyans, particularly the young Kenyans who have lost their jobs, will be able to access their benefits. Mr. Temporary Deputy Speaker, Sir, we are urging that when we pass this Bill, we do not wish to come to this House to debate and pass amendments the way hon. Musila’s amendment was passed in the last Parliament and there is lack of will on the part of the Government to implement it. We do not wish that after raising the hopes of the very many young Kenyans who had been told that now it is possible for them to access 50 per cent of their contributions--- The employer that has contributed towards that particular scheme was not to withhold funds until one reached the magical age of 55. Recently, that retirement age was raised to 60 years. So, in this House, we did agree with the Government that public servants do not have to wait until they are 55 or 60 years. We are still waiting for the regulations that the Minister had promised to bring to the House so that, whatever we pass here is immediately implemented and the fruits of the legislation that comes before this House are actually enjoyed immediately by Kenyans. We do hope that after passing this particular Bill, the civil servants, their families and those who will survive them will be able to enjoy the fruits of this particular Bill that we are passing today. Mr. Temporary Deputy Speaker, Sir, I do also concur with my friend, hon. Mungatana, about the obvious errors in the Bill. It is referring to Ministers when, in the new constitutional dispensation, we will be having Cabinet Secretaries. I do believe that some of these obvious errors could have been avoided if we had the Committee on Justice and Legal Affairs properly working. It would improve on the quality of legislation and avoid obvious errors that should have been avoided before this Bill was brought before the House. We have, over time, been asking the Chair and the Office of the Speaker to intervene in the matter of the Committee on Justice and Legal Affairs, so that it is resolved once and for all. With the heavy legislative agenda before this House, the public is beginning to worry about the quality of legislation that we are passing in this House, especially, when we have heard about errors being noted in the various Bills. We are urging that the House should do something immediately to resolve the stalemate in the Committee on Justice and Legal Affairs, so that we can have it working. The Committee can then go through some of these Bills with a toothcomb before they come to this House. It is a matter of vital importance in terms of improving the quality of legislation in this House. The Committee should be facilitated and the stalemate dealt with once and for all, as we resume Parliament today, so that this very Committee can get working again and play its role. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support."
}