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"id": 244825,
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"type": "speech",
"speaker_name": "Prof. Anyang'-Nyong'o",
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"legal_name": "Peter Anyang' Nyong'o",
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"content": "Thank you, Mr. Deputy Speaker, Sir, I rise to strongly support this Bill for the reason that hon. Members have given today; that, it is long overdue. In my langauge, it is said that when a calf is born as you look after a cow, even if you were not present during its conception, the calf becomes yours. The calf in this case was conceived when I was a Minister for Planning and National Development, when I was looking after the cow. However, since it is being born when my friend Mr. Obwocha is taking care of the cow, I concede that the calf is his, although the conception of the calf was under my husbandry. I remember submitting a Cabinet Paper on this Bill and explaining to the Cabinet the significance of the Bill. One of the things I want to remind this House is that the Kenya Bureau of Statistics is one of the best in Africa, and has all along maintained very high standards, even under harsh circumstances when the Government requires statistics to be used to prove certain political points. However, what I have realised all along is that the Kenya Bureau of Statistics should be given a certain amount of autonomy from the parent Ministry, so that it can be a corporate body with perpetual secession and a common seal; a body which shall, in its corporate name, carry out certain functions more or less as a parastatal, if not a parastatal. What this Bill does in the final analysis is that it gives the Kenya National Bureau of Statistics the corporate and legal personality it has been looking for, for very long, not only to defend the good professional work the bureau has been doing for a long time, but to shield it from all manner of political pressure that may come as Governments change from one time to another so that the high standards of collecting and using statistics for policy making are maintained. Mr. Deputy Speaker, Sir, the second thing that I want to remind this House is that, contrary to the current belief expressed by my dear friends Mzee Nyachae and Mr. Khamasi, the statistics should be collected by public approval, consent and participation. The public can participate, but July 5, 2006 PARLIAMENTARY DEBATES 1863 very rarely will statistics be collected by public approval. That would be populist. If you look at Clause 22(1) of the Bill, it reads:- \"No person shall publish or show to any other person not employed in the execution of a duty under this Act any of the following:- (a) An individual return or part thereof made for the purposes of this Act; (b) An answer given to any question put for the purposes of this Act; or, (c) a report, abstract or other document containing particulars comprised any such return or answer so arranged, as to identify such particulars with any person or undertaking, except with a prior written consent of the person making the return, or giving the answer, or, in the case of undertaking, the owner, for the time being, of the undertaking.\" Mr. Deputy Speaker, Sir, that means we want to shield statistics from subjective feelings. Mr. Nyachae said very clearly that when some cows were counted somewhere, the people collecting the data were not aware that those cows were counted elsewhere. So, they did not belong to that neighbourhood. That can be true and I do not doubt the hon. Member's submission. But, usually, in statistics, there are provisions which talk about margins of error. Any collection of statistics must allow for margins of error, which include the cows that moved from one neighbourhood to the other, as Mr. Nyachae observed. Those are items that could be accounted for under the margins of error. Statisticians do not have a 100 per cent proof of whatever they are doing. But when they are analysing and calculating data, they allow for two things - degrees of freedom and margins of error. In that regard, moving cows may interfere with degrees of freedom, but they will be accounted for in the margins of error. Mr. Deputy Speaker, Sir, the second thing that I would like to say is that statistics are extremely important in calculating poverty indices. But poverty indices are gross data. In other words, they are like Gross Domestic Product (GDP). When you talk about GDP, you take the gross wealth of a nation - that is GDP per capita - and divide it by the population. That is when you get the GDP per capita. It does not mean that Dr. Khalwale earns the same amount of money as the peasant he has employed in his yard to collect cow dung to put in his garden. The two of them earn vastly different sums of money but, when it is averaged, it is assumed that they all fall within that GDP per capita. That essentially means that the concerns of my friend, Mr. Khamasi, that Ikolomani and Shinyalu may be neighbours but they may have different population densities are well understood. So, when you are calculating the poverty indices in the two constituencies, one may enjoy a lower or higher poverty index than the other, which will affect the amount of money they get from Constituencies Development Fund (CDF). That is the risk we take when we try to be fair in terms of distributing CDF according to poverty indices. That is one of the reasons why the 75 per cent of the money is distributed equally, and the other 25 per cent is distributed in accordance with the differences of poverty indices occurring in various constituencies. Still, even when we do that, margins of error will occur. That means that a man called Mr. Khamasi will complain that his constituency may, indeed, fall within that margin of error, when we consider the whole nation in the distribution of CDF money. Mr. Deputy Speaker, Sir, the third point, which is extremely important is that, in making plans for infrastructural development--- Quite often, in order to have efficiency gains and maximum resources, some infrastructure may develop in certain areas prior to other areas. That means that, if you put an infrastructure in a certain area and stimulate economic activity there, the area will produce more wealth than another one. If that wealth is then used to build a natural resource for creating more infrastructure, then more infrastructure will be created much more efficiently nationally than if we did it otherwise. What do I mean? It may look rather cruel and 1864 PARLIAMENTARY DEBATES July 5, 2005 marginalise certain sectors. But if you look at the history of Kenya, you will find out that there is a higher distribution of infrastructural resources in high potential areas in terms of agricultural development than other areas. That was a decision that was, perhaps, made in the colonial times. It should now be reversed because economic conditions have changed. But even then, in order to stimulate fish production in the lake--- Since the lake is the only natural resource that produces fish, Mr. Nyachae needs to prioritise the building of a ring road around the lake, so that those resources could be exploited much more urgently. It is the only vast area that is producing those resources. It is better to do so than say: \"I will build a ring road around Lake Kenyatta at the Coast.\" It is a smaller lake and may not have as much fish as Lake Victoria, which needs to be opened up much faster, so that we can exploit the Kshs7 billion worth of fish in that lake. Those earnings could even go up to Kshs10 billion! That way, we can earn more foreign exchange for this nation. Mr. Deputy Speaker, Sir, the use of those statistics in national development is extremely important. An autonomous qualified body should be given the freedom and autonomy to gather those statistics and advise the Government, without interference from people who \"second-guess\" what statistics are all about. We can all \"second-guess\" what statistics are all about. But we should allow those who have been trained to collect statistics to advise us, so that we can make better national policies for our own development. It has often been said in this House that certain figures collected by the Kenya Bureau of Statistics - which is now going to be Kenya National Bureau of Statistics - are wrong. I would like to caution hon. Members against making such categorical statements. To state that a statistical figure is wrong means that you have better machinery and equipment to collect the right figure. But quite often, when we say that figures are wrong, that means we can guess what the figures are. But we do not have the qualification, equipment or knowledge to get the right figure. It takes a long time before statisticians release their figures for public consumption. That is why hon. Members complain that it takes too long to release demographic or population figures. I would rather a national bureau of statistics takes a long time to refine its figures than release them to the public unrefined. Mr. Deputy Speaker, Sir, population census data has caused wars in this world. The first Nigerian civil war could be explained by the use of population census data. Although they have been carrying out census after census, Nigerians have always been afraid to release the results. Kenyans are much better. We collect our census data after every ten years. It takes us long to release them, but we eventually release them. Usually, it does not take more than two years to release those figures. Those figures are delayed because statisticians would like to know that they have tested and re-tested the validity of those figures, before they are released for public consumption. Mr. Deputy Speaker, Sir, the other statement that I would like to correct hon. Members is on the question of ownership of statistics by the populace. That is an \"attach and go\" issue. When statistics do not favour you, you disown them. But when they favour you, you own them. That has been a historical problem all through. I think we should do what this Bill expects us to do. Let us make sure that the law we are putting in place establishes an agency that will have the competence, good governance and the authority to collect, analyze and release correct statistics which we will have confidence in. Secondly, we have to establish an agency whose management will protect the collection of national statistics of all types from pollution. What do I mean by \"pollution\"? I mean that, when statistics are collected, they should be protected from certain social forces which would like to smuggle into those statistics, get information and fault their real nature. It has often been said that when we collect statistics about income distribution--- One of the biggest problems in Kenya is that, our income distribution curve is extremely retrogressive. We have very few people earning a lot of money and a huge majority earning very little money. In deed, 56 per cent of our population July 5, 2006 PARLIAMENTARY DEBATES 1865 is locked out of the market. Yet, we recite that statistic as if it is something to be proud of. If you lock out 56 per cent of your people out of the market, you are saying that you are consigning yourself to under-development. If 56 per cent of your population is not participating in the market, it means that you have prohibited certain forms of industry from being developed in your economy. Anyone who wants to invest in your economy will know that there will be nobody to buy the commodities they will be producing. Let me give you an example. Today, if you were to establish a shoe-making factory other than Bata Shoe Company in Limuru, you will find it very difficult to penetrate the market. That is because there are only two players. One is Bata Shoe Company which has managed, for a very long time, to produce very good shoes at a low cost. They have imported labour-saving machinery and have perfected the designs of good shoes from mitumba shoes. They can sell first-hand shoes almost at the price of mitumba shoes, and compete effectively. If you were to come in, you would either come into the mitumba market; in which case you will not establish any industry, or try and compete with Bata Shoe Company, which has a tremendous efficiency in shoe production. The only thing you can do is to make sure that there is tremendous demand for shoes in this country that would warrant the establishment of another factory, which would be a little bit less efficient than Bata Shoe Company. But because Bata Shoe Company cannot satisfy the market, you will be able to find that market. You can only do so if the 56 per cent of the people living below the poverty line are brought into the market to buy your shoes. Mr. Deputy Speaker, Sir, therefore, one of the biggest enemies of our development is the retrogressive income curve. We should have an income curve which is much more like a basin, than a bell. In other words, we should have people with reasonably distributed income, with quite a number of people at the top, but not the few that we have at the moment. All of us should fit in between the middle. At the moment, that is not the case. Mr. Deputy Speaker, Sir, what we did when we collected data on the geography or system of poverty distribution in this country was to ring the warning bell. It was a wake up call to Kenyans that the kind of income curve and poverty distribution we have in this country is very dangerous to our development. It is for all of us to make sure that we know that information and do something about it. What this Bill is trying to do is to make it possible for Kenya National Bureau of Statistics (KNBS) to collect and release that data, because it is recognised as an autonomous and authoritative organisation to do that. We should not blame data on Mr. Obwocha as the Minister for Planning and National Development or Prof. Anyang'-Nyong'o because, when it is released, it shows the Government in bad light. That is what I was told! I was told that the Ministry was trying to release that data because the Liberal Democratic Party (LDP) wanted to portray the Government in bad light, so as to win the Referendum. That is not the case! That data was produced by a well trained professional assisted by a well qualified cadre. Although the Kenya Bureau of Standards is under the Ministry of Planning and National Development, it should be an autonomous organisation advising the Government on how best to know the facts about the economy and use them for better planning. Mr. Deputy Speaker, Sir, one of the things I like about this Bill is that it gives responsibility and authority to the Director-General to bear the task of being the person with the final say on the release and use of the information by the Government. Clause 23(2) reads:- \"The Director-General may, with the approval of the Board, cause statistical data collected by the Bureau to be disseminated to the public after ascertaining its accuracy and safeguarding the confidentiality with respect to the information.\" Mr. Deputy Speaker, Sir, this particular clause will now protect the Minister from being bombarded by polluting forces regarding the accuracy and innocence of data released to the public. 1866 PARLIAMENTARY DEBATES July 5, 2005 This is an extremely important provision in the Bill. It is the Director-General who shall be responsible for the accuracy and dissemination of information. He shall also be responsible for safeguarding the confidentiality with respect to the information given. Mr. Deputy Speaker, Sir, we must understand that the source of certain forms of statistical data, when collected by the Bureau, must remain confidential. Otherwise, individuals who give that information may be subjected to harassment by God-forsaken politicians who think that the data is contrary to their political mission or belief. That will defeat the importance and use of statistics in our policy-making system. Mr. Deputy Speaker, Sir, Clause 24(1) reads:- \"Any person who hinders or obstructs the Director-General or any authorised officer in the execution of any powers conferred under this Act, commits an offence and shall be liable, on conviction, to a fine not exceeding Kshs100,000, or to imprisonment for a term not exceeding 12 months, or to both.\" My feeling is that, knowing the rate of inflation in our economy, Kshs100,000 will be a very small figure in the next five years. However, for the time being, I think it is prohibitive enough. I think the Minister should add a rider during his submission, that KNBS should be allowed to review that provision after five years, so as to make it increasingly difficult for people to interfere with the collection of statistical information and its use by that corporate agency. Finally, I would like to draw the attention of hon. Members to the Second Schedule on page 440 Section 5 - Disclosure of Interest. It regards Board members. It reads:- \"If a member of the Board is directly or indirectly interested in any contract, proposed contract or other matter before the Board at which, the contract, proposed contract or other matter is the subject of consideration, he shall, at the meeting, and as soon as reasonably practicable after the commencement thereof, disclose the facts, and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during the consideration of the matter.\" Mr. Deputy Speaker, Sir, I am drawing the attention of the Minister to this particular provision. If my wish would be carried out, I would like the Board to be composed of men and women who would not have any vested interests whatsoever in the procurement process of the Bureau, either in terms of securing printing materials or sale and purchase of equipment. The Bureau is like an intensive care unit in terms of policy-making in the Government. It is a very sensitive institution. If members of the Board who are responsible for policy-making and running the Bureau, go into it with rent seeking interests, either directly or indirectly, they will jeopardise the work of the Bureau and will bring it into disrepute. This provision indicates that the members of the Bureau may, at one time or the other, be interested in contracts that the Bureau wishes to enter into. My wish is that members of the Board should not at any one time, be put in a position where they have any interest whatsoever, in a contract or a procurement process in the Bureau. For example, if members of the Board of the Central Bank of Kenya have an interest in the process by which the bank identifies a body that prints the currency, then we are in extreme danger. Mr. Deputy Speaker, Sir, although this particular section protects the Board members from being involved in contracts in which the Board wants to secure certain services, my wish would be that when the Board members are appointed, when they are being sworn in or when the Board is being inaugurated, it may be made very clear to them by the Minister that at no time, whatsoever, should any member of the Board be found in a position where they have to exempt themselves from a Board meeting because they are in one way or the other, connected to a contract. That is the beginning of the original sin. They will, thereby, have lost their virginity as members of the Board. July 5, 2006 PARLIAMENTARY DEBATES 1867 Clause 5(i) states that a disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. We know that once an interest is established, and even if it is recorded and the Board member goes away, he will have colluded or somehow influenced other Board members to act in his or her interest when he is gone. So, the most important thing is to prevent the sin before it is even detected and excused by Board minutes. If I was redrafting this Schedule, but now it is too late, I would have done it differently. I think it is the responsibility of the Minister and the Permanent Secretary concerned to make sure that we do not go this far where minutes will have been recorded that a certain member of the Board is the owner of a certain printing firm in which the Bureau has got a contract and, therefore, has been excused. I would like these people to be as clean as Caesar's wife. Clause 5(iii) states that a member of the Board who contravenes Sub-paragraph 1 commits an offence and he is liable to a fine of Kshs100,000 or to imprisonment for a term of six months or both. A member of the Board who commits this sin should be dismissed from the Board. I would like the Minister to bring an amendment to this Second Schedule to say that once a person commits this sin, there is no need of fining him and letting him to continue at the Board. He should be fined, thrown into prison and dismissed. If he goes back to the Board, he is likely to find another panya route to bring back his funny contracts and agencies and make use of his position at the Board and award himself contracts. Mr. Deputy Speaker, Sir, while concluding, one of the things which we should do when we are passing this Bill, is to acknowledge the good work that the Kenya Bureau of Statistics has done for this country. You may not realise it, but if you to Rwanda, you will find that when the Rwandese were trying to establish their bureau of statistics, their people were trained here. They got our people there to go and start their bureau of statistics and we have acted as a centre of capacity building in the region. Indeed, the Rwanda Bureau of Statistics is an out-grower of the Kenya Bureau of Statistics. We need to increase our capacity to capacity-build in Africa in terms of training people in statistical gathering, analysis and publication of statistical information that our Bureau of Statistics has done so well and made our nation proud. With those few remarks, I beg to support."
}