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"id": 262226,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/262226/?format=api",
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"speaker_name": "Ms. Karua",
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"legal_name": "Martha Wangari Karua",
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"content": "Mr. Temporary Deputy Speaker, Sir, for the removal of the Speaker of the County Assembly, I can see that the threshold of the people to petition is one-third. In order to balance, and not to make it too easy to remove the Speaker--- The speaker should feel a sense of belonging and not be worrying every time that he could be removed; we should not make it impossible but also we should not make it too easy. I think that the threshold for the removal of the Speaker should move from one-third to a half of the members of the County Assembly, because these are small units, but the threshold on voting should remain at two-thirds. That will give the Speaker stability so that he does not make rulings in fear. I think that would balance the interest of democracy as well. When it comes to the removal of the Governor and the recall of the County Assembly Member, we should remember that we passed a law here for the recall of Members of the National Assembly. The same methodology should apply to the Governor in relation to the county and to the County Assembly Member in relation to the ward. So, if we say that the threshold is 25 per cent or whatever we put it, it should be the same in relation to the units. We should also be subjected to judicial processes so that a court on a preliminary basis certifies that on the face of it, the allegations look serious enough. These are elected Members just like the Members of the National Assembly. Let us be fair and mirror the same procedures we reserved for Members of the National Assembly. We should learn to use National Assembly because Parliament now will refer to both the Senate and the National Assembly and I think the removal procedures should mirror those ones. I have also been looking at the issue of ward administrator and county administrator. This is on Clauses 50 and 51. I am wondering whether we have been conditioned by the issue of Provincial Administration. Whereas it is clear that the Governor will need his eyes and hands all over the county, do we need another level of administrators? If the Governor has nine Ministries or nine Executive Members who have portfolios, if it is the portfolio dealing with education, is it possible that he will have education officers in each constituency? Is it possible for us to prescribe that he has the same in every ward? What if it is a service that is not necessary to have in the ward but it can be at the constituency? I am thinking that this clause should be worded that the establishments can be by the County Civil Service at the Governor’s request but we stop this relic of administration. We want to convert even those who are in administration to new thinking. They will either be officers or coordinators but having an administrator mirroring the Provincial Administration does not give the idea of transformation that Kenyans are yearning for. I urge that we rethink that as we come to the Committee Stage. I appreciate very much Clauses 63 and 95 because the two relate. This is protection of minorities. Many people in cosmopolitan counties have been very apprehensive as to what will happen. It may not be possible to have representatives of each minority group in the County Assembly. So, they are sleeping worried on what will happen to them. I want to tell them that there is good news under Clauses 63 and 95 where the protection of minorities within the counties is enshrined. When it comes to jobs under Clause 95, each county will be required to have close to one-third or 30 per cent of the jobs occupied by the minorities. In Clause 63, the protection of minorities’ human rights, services and everything is offered. People should not be apprehensive. This is in line with the constitutional guarantee that every Kenyan is entitled to settle and live anywhere in the country. We should remove the notion that people will be at risk for being in counties where they are a minority. I want to congratulate those who worked on the Bill for remembering to include that. I also want to hail the preparation for civic education which is in Part 10 of the Bill. Until people understand all these clauses, they will continue entertaining worries and that is why civil education is key and as Members of the National Assembly, we should also supplement the civic education provided by making sure that we engage with the public wherever we meet them to inform them of the protections that are available in the Bill. Clause 36 is on Gender Equality. Once again, I congratulate the framers. There is no county where you will fail to get enough men and women who are graduates and who can be members of the County Executive. I heard my friend, Chachu Ganya, saying that there is an elected councilor in North Horr. I want to tell him that in his County of Marsabit, in Logologo, almost 10 years ago, there was a lady councilor who was elected twice. So, in all corners of the country, Kenyans are ready to give able men and women responsibility. This Clause on Gender Equality should not be tampered with. We should leave it as it is. The County is the second level of Government and this is the level at which we must start integrating the participation of Kenyans irrespective of gender in the affairs of governance so that we can have both perspective of men and women. On the issue of Planning on Clause 100, I am very happy to note that there is provision for the county taking into account harmony with planning at the national Government level. If you visit a country like the United States of America, you notice the infrastructure and that the design of development is in tandem with other areas. Whichever state you visit, you will notice that there is some harmony in the way the planning and development is. I think it is very important, as we embark on devolution, as we have two levels of Government to know that the two levels are dependent but also interdependent. We should know that we remain in one country and, therefore, we need to relate to each other on the things we do whether it is in planning, education or any other area like environmental standards. These are things that we must note. I also note that it is quite clear that the counties will follow the policy as laid down by the National Government. This is really what will hold us together. As I conclude, I have also seen Clause 120 on the Suspension of the County Governments. Let everyone who wants to be a Governor realise that you cannot do anything that is against the Constitution. You must be equitable to every citizen and you must protect the human rights of every citizen in your county. Being a mini-president or the President of the County or even being the President of Kenya does not absolve you from observing the Constitution. Therefore, anybody seeking for responsibility in the new dispensation, be warned, I, included, that we have to adhere to the Constitution, respect the rights of everyone, we have to discharge our duties to every citizen without fear or favour. I want to repeat and say, let Kenyans rest assured and be comfortable with devolution. Nobody will be marginalized because they are in a county as a minority. You will have all your rights as a Kenyan because it is ordained in our Constitution and by this mother of devolution. This law is the mother of all devolution laws. I beg to support."
}