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"id": 234164,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/234164/?format=api",
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"type": "speech",
"speaker_name": "Mr. Ochilo-Ayacko",
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"speaker": {
"id": 347,
"legal_name": "Ochilo George Mbogo Ayacko",
"slug": "ochilo-ayacko"
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"content": "Mr. Temporary Deputy Speaker, Sir, if the Assistant Minister was listening, he would have known that I was referring to the hon. Member who contributed before me, and that I was trying to correct the misinformation that he had imparted to this House. The hon. Member indicated that Kenya loses 4.9 million people, annually to tobacco related diseases. The statistics available, that the hon. Assistant Minister read, indicated that by the year 2020, 10 million people will have died of tobacco-related diseases. If that was correct, that 4.9 million people die annually, then the share that Kenya will have contributed to the 10 million deaths in the year 2020 is over 80 per cent. I am sure that those are the alarming statistics that are intended to frighten Kenyans. I think what should frighten us more is poverty, insecurity, unemployment and we must appreciate and give the devil its due. Tobacco has provided and continues to provide revenue to this country. I, for instance, went to a school that was built by revenue from tobacco. That is where I sat for my Certificate of Primary Education (CPE). Those are facts that we cannot deny. My district, Migori, is one of those 3754 PARLIAMENTARY DEBATES November 16, 2006 which get a lot of revenue from tobacco. If we pass this law without making alternative arrangements for the earnings of those people, we are likely to cause more poverty among them. We would also make those people who depend on it vulnerable to deaths that are associated with poverty, violence and malnutrition. So, it is important to put certain measures in place, as we try to control the use of tobacco, knowing that what is one person's food may be someone else's poison. We must understand that is what sustains that group of persons. I also want to state that most of these regulations do not apply universally. You will find that certain regulations that most countries are adopting and making into law may be more intended to protect certain economies. As they protect those economies, they may have adverse effects on other economies, where a lot of pressure is being put for their enactment. That is why we must warn ourselves as the only Legislative body that Kenyans have. I also want to say that as we regulate the use of tobacco in this country, let us know that countries are moving towards professionally constituted regulatory agencies. You will find that the regulatory agency that is proposed under this legislation has a heavy hand of Government in it, and that hand may not be seized of the professional dynamics that govern the sector. So, it is important to professionalise the regulatory agency that we will put in place and make sure that we democratise the manner of passing resolutions in this regulatory agency. Those are areas that must be captured, otherwise we will be setting, not an agency that is regulating, but regulating to a department of Government that will be barking out orders to stakeholders. So, it is important to capture the professional nature of the agencies. We need to take on board the stakeholders who will be affected by these decisions and make sure that the agency balances itself, in the a manner in which decisions are made. It is also important to make sure that we check the nature of sub-legislations that may arise from this Bill. If we are giving to the Minister unfettered authority to give out delegated legislation, we may end up creating tyranny out of a department of Government. It is important to make sure that we check it so that any delegated legislation that may arise out of the Bill does not choke this sector. I think, in general, if we warn ourselves about the dangers and balance what the sector should do, we will have a good Bill that will make sure that we control the use of tobacco and maximise the earnings and benefits that growing of tobacco has given to our country. I want to admit on behalf of the Kenyans I represent, that tobacco is not just harmful, but it is also beneficial to a certain extent. If we harness it as a crop, we will increase the earnings for the people associated with it, particularly the tobacco farmers and ensure that poverty does not run amok in this country. Mr. Temporary Deputy Speaker, Sir, with those very many remarks, I beg to oppose."
}