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"id": 218381,
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"speaker_name": "Mr. Muturi",
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"legal_name": "Justin Bedan Njoka Muturi",
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"content": "Mr. Speaker, Sir, 20 minutes is really a very short time, but I will try to hurry up. As I said yesterday, I am in support of the Kenya Roads Bill, subject to minor amendments, which I believe have been proposed by the relevant Departmental Committee. With the creation of the proposed three roads authorities, we are going to see a situation whereby three service institutions will be undertaking road construction, rehabilitation and repairs in various designated areas as proposed in the Bill. I commend the Ministry for borrowing a leaf from what happened in the Ministry of Water and Irrigation following the changes brought about by the enactment of the Water Act, 2001. Mr. Speaker, Sir, we will have a situation whereby professionals in the roads sub-sector will now be located, not just in the Ministry, but also in other institutions as proposed by the Bill. Clause 33 states that:- \"The Minister shall, once in every five years, in consultation with the authorities and the Kenya Roads Board, cause to be prepared a road investment programme for approval by the Minister responsible for Finance\". Mr. Speaker, Sir, I would like to add that such an investment programme in the roads sub- sector should not just be the preserve of the Minister for Finance, the Minister for Roads and Public Works and the authorities which will be created. Such an investment programme should be brought before this House, so that the Membership of this House, representing the entire country, debates, discusses and approves the said investment programme as proposed, so that, at least, even those respective authorities, as they go out to implement that investment programme, it is a programme that has the full ownership of this House and indeed, the country as a whole. Therefore, I will be proposing that even Parliament be included as one of the institutions that must debate and approve that investment programme. Mr. Speaker, Sir, I have looked at Clause 32, which talks about the investment of surplus funds. It states that:- \"Any funds of an authority among the three, not immediately required for any purpose under this Act, may be invested in a manner which the respective Boards may, with the approval of the Minister and the Minister responsible for Finance determine\". This talks about the Minister for Roads and Public Works and the Minister for Finance. I want to propose that we move away from this kind of language, so that we can provide that any surplus funds held by the authority which may not be immediately required for investment within June 13, 2007 PARLIAMENTARY DEBATES 1781 the programme provided for in Clause 33 below, will then be invested by the said authority in accordance with existing financial regulations regarding investment of surplus funds held by any public institution. I am saying this to avoid a situation whereby the two Ministers could easily \"collude\" to ensure that such funds are invested in areas other than those which may be directed by existing financial regulations. We are in the era of transparency and accountability and I think a proposal like that one should find a place and be acceptable to the Ministry. Mr. Speaker, Sir, I can also see another situation which requires some harmonisation. Clause 30(c) says that:- \"The funds and resources of each authority shall consist of:- (c) in the case of the Rural Roads Authority and the Urban Roads Authority, such proportional funds from the Local Authority Transfer Fund (LATF) as the Minister for Finance may direct\". That may be giving the Minister for Finance unfettered power and discretion. Since the Bill provides that funds which are meant to go to the LATF will be invested in the two bodies, I think we should require that the Kenya Roads Board be the one to determine the quantum that will go to any of the two authorities as opposed to the Ministry of Finance. The Ministry of Finance may not have the technical capability to know how much of the funds from LATF should go to any of the two proposed authorities. Mr. Speaker, Sir, I have looked at various other provisions of this Bill and I am in agreement with most of the propositions. However, I take issue with a few of them. Like I said yesterday, there will be need for the Ministry of Roads and Public Works and the Ministry of Local Government to sit at a round table to agree on the provisions of Clause 53, which says:- \"Notwithstanding anything in any law to the contrary, no local authority or other person shall exercise any power relating to the control, maintenance, development or protection of any road, except where such power has been delegated by the authorities established under this Act or by the Minister\". The reference here is to the Minister for Roads and Public Works for the time being. I think there is potential for conflict in this clause. As I have proposed, the two Ministries ought to sit and agree on how this should be worded. Unless there is an amendment or a repeal of the Local Government Act, Cap.265, there is need for the Ministries to sit down and harmonise this to avoid a situation whereby one of the Ministries feels short-changed or inferior to the other. Mr. Speaker, Sir, Clause 54 talks about an officer or a servant of any of the authorities being forbidden from disclosing information. At this time when we are talking about the freedom of information, some of these provisions may be a bit outdated and they will need to be re-looked into. Clause 58 provides for general penalties. However, I am worried because throughout the Bill, there is no reference to any form of punishment to anybody who carries out shoddy or sub- standard works on our roads. A lot of public resources have been expended over the years in the construction of roads, some of which do not even last for six months before they begin collapsing or developing potholes. We need to make certain provisions in this Bill that will give the various authorities power to intervene and even withhold payments and punish contractors who do sub- standard and shoddy works on our roads. Like I proposed yesterday, if you do value for money, inspection and audit, you will realise that what is being done is shoddy. Mr. Speaker, Sir, even as much as I say that there is need to harmonise the provisions of this Bill and those of the Local Government Act, I must state categorically that whatever money has gone to the local authorities through LATF, that is meant to address the issue of roads within the local authorities, should be explained. For example, in my area, I am unable to pinpoint anything that my local authority has done with funds that have been given to the authority to 1782 PARLIAMENTARY DEBATES June 13, 2007 improve roads. In fact, we get surprised when we look through the Printed Estimates and see that money has been allocated from the Kenya Roads Board to local authorities to do roads. It is a very sorry story. Sometimes a lot of us may not want to comment on this issue because councillors are also influential people and could easily begin battling with us, but it is important for us to be honest and frank."
}