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"id": 248022,
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"speaker_name": "Mr. Ojaamong",
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"id": 196,
"legal_name": "Sospeter Odeke Ojaamongson",
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"content": "Mr. Temporary Deputy Speaker, Sir, I beg to move the following Motion:- THAT, in view of the fact that there are 74 districts in the country which are currently operational; aware that these districts are catered for in the National Budget through financial allocations, and cognizant of the fact that out of the said 74 districts, only 46 are officially gazetted, this House do grant leave for the introduction of a Bill for an Act of Parliament to amend the Districts and Provinces Act, 1992, to validate the 28 non-gazetted districts. In the recent past, we have witnessed a mushrooming of the creation of districts in our country. In the Districts and Provinces Act, 1992, there is clear definition of a district. A district in that Act means:- \"One of the districts referred to in Section 2 of the Districts and Provinces Act.\" Therefore, we have districts that have been named that are legal according to the Act. For the purpose of record, I want to mention those districts which are currently legal. They are:- Mombasa, Kwale, Kilifi, Tana River, Lamu, Taita-Taveta, Garissa, Wajir, Mandera, Marsabit, Isiolo, Meru, Tharaka Nithi and Embu. We also have Kitui, Machakos, Makueni, Nyandarua, Nyeri, Kirinyaga, Murang'a, Kiambu, Turkana, West Pokot, Samburu, Trans Nzoia and Uasin Gishu. The others include Elgeyo Marakwet, Nandi, Baringo, June 7, 2006 PARLIAMENTARY DEBATES 1175 Laikipia, Nakuru, Narok, Kajiado, Kericho, Bomet, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, HomaBay, Migori, Kisii and Nyamira. This is a total of 46 districts that are legally recognised in the Act. Mr. Temporary Deputy Speaker, Sir, when former President Moi was in power, he created 28 other new districts which include Teso District, Mt. Elgon, Suba and others. These were created because the people in those areas agitated for them because they felt that they were oppressed by the communities that surrounded them, or the delivery of services to those people was wanting. They, therefore, needed more administrative units so that the people in those areas could receive better Government services. It was out of the agitation of the people in those areas that these districts were created. Even though these districts were created, and the Act allows the President to create districts as he deems fit, it does not limit him, they were not legalised. It is against this background that we are introducing this Motion to amend the Act in an effort to legalise those 28 districts. These districts keep receiving budgetary allocations every year even though they are non-existent in law. They have personnel from various Ministries. We have District Commissioners, District Development Officers and District Works Officers. They get financial allocations from our Budget but unfortunately, they are not recognised in the Act. Mr. Temporary Deputy Speaker, Sir, to be on safe ground, and protect civil servants who operate in these illegal districts, it is necessary to amend the Districts and Provinces Act, 1992. Since the NARC Government promised to uphold the rule of law when it took over power, it should operate within the legal framework. We have to legalise these districts so that officers who are there operate comfortably without fear of having their positions abolished. Some arguments have been brought up to suggest that some of these districts are too small, or are not viable. When we talk about districts, we are talking about having Government departments and officers very close to the people. That is the rationale of creating new districts. They are created so that people can receive better Government services. The issue of viability applies only to business ventures. These districts are not business ventures to make profit or losses. We are only concerned about delivery of services to our people. We have district works officers, medical officers of health and district development officers to co- ordinate development programmes within districts. That is the essence of having them. They are not about doing business or making losses or profits. So, the issue of viability does not arise. What our people want is service delivery. The Districts and Provinces Act, 1992 is very detailed. It gives the boundaries, bearings, beacons and other details pertaining to boundaries of the 46 districts I said are legal. This Act just requires a very small amendment, although the issue of boundaries always causes friction. I know we have specialists in the Ministry of Planning and National Development and other officers, who can review the boundaries that we have now. The issue of political boundaries does not arise unless people bring in politics. The Districts and Provinces Act, 1992, has detailed information regarding boundaries of various areas. I will appeal that when this Act is reviewed, the issue of boundaries is addressed conclusively. Mr. Temporary Deputy Speaker, Sir, I want to refer specifically to district boundaries between Teso, Mount Elgon, Bungoma and Busia Districts. The Government spent Kshs3.5 million to send there a one-man commission to review their boundaries. It was led by a Mr. Joseph Mwangovya. This Commission went round Bungoma, Mount Elgon, Busia and Teso areas and gathered views. A report was then compiled, but to date it has not been made public, because the Government has entered into a conspiracy with some powerful politicians to mistreat minority tribes affected by the boundary review by sitting on the report. I would like to suggest that in order to resolve the issue of district boundaries between Teso, Mount Elgon, Busia and Bungoma 1176 PARLIAMENTARY DEBATES May 7, 2006 Districts the Mwangovya Report should be released. This Report spelt out the boundaries very clearly. On the issue of Teso and Busia, title deed No.1 for Ang'oron-Teso shows clearly that the Teso/Busia border should be just next to Busia District Hospital. But just because initially we had put up good facilities on the Busia side, which we used to share, some powerful people do not want the area with good facilities to become part of Teso. But the title deed shows very clearly where the boundary goes through. The same goes for Mount Elgon and other areas. Their title deeds during the colonial era spell the boundary between Mount. Elgon, Bungoma and Busia Districts. So, if a boundary dispute arises over the boundaries between these districts, it will just be a dispute that will be masterminded by some people for selfish reasons. Mr. Temporary Deputy Speaker, recently during the referendum on the proposed new Constitution, His Excellency the President created a total of 48 districts through a special Gazette Notice. In fact he declared an intention to create them. Let me hope that when this law comes into place there will be provisions to cater for even those districts which His Excellency the President intended to create prior to the referendum. So, as we talk now, we have 46 legally recognised districts by the Districts and Provinces Act. We also have 28 districts which are currently operational that were created by the former President, Daniel Toroitich arap Moi, but which are not legal. We also have 48 districts which President Kibaki intended to create prior to the referendum on the proposed new Constitution. So, if we pass the proposed Bill and all districts are validated, we will have a total of 122 districts. So, what does this tell us when it comes to expenditure? This will be very costly to the Government. Taking care of 122 district commissioners and other associated staff will be very costly to the Government. This is why I would like to appeal to the Government that consideration should be given only to the 28 districts that were created by the former President, which are currently operational. We could also provide for a few districts from the ones His Excellency, President Mwai Kibaki, intended to created prior to the referendum. Mr. Temporary Deputy Speaker, Sir, I will not take much time, because this a very straight forward Motion. I will leave it to the other hon. Members to contribute. With those few remarks, I beg to move and request hon. Syongo to second this Motion."
}