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"id": 262625,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/262625/?format=api",
"text_counter": 371,
"type": "speech",
"speaker_name": "Mrs. Odhiambo-Mabona",
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"speaker": {
"id": 376,
"legal_name": "Millie Grace Akoth Odhiambo Mabona",
"slug": "millie-odhiambo-mabona"
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"content": "Madam Temporary Deputy Speaker, I want to support this Bill and thank the Minister for bringing it. In supporting, I want to give a case of a woman who had a burden she was carrying, she was walking and then she was given a ride. Even when she was given a lift in a car she continued to carry the burden she had on her head and the baby she had on her back. I am saying this in respect to devolution that as a country we have a totally new system but many of us are still operating as though when the new system comes, it will be business as usual. Many Members have indicated that there is need for a clear paradigm shift and we must have it because we moved away from a Central Government system to a devolved structure. Most of us still think in the Central Government system even from the way we talk. I know many of us have vested interests in constituencies, counties and sometimes I want to say the way the “bullfighter” said that we need to take the bulls by the horns even though he failed to take it himself. If we are actually going to the devolved system let us not speak of county councils. When you want more wards then you are talking county councils. We cannot have our cake and eat it. Madam Temporary Deputy Speaker, I would want to indicate that in order for us to have this paradigm shift the law should use terminology that shows this shift and that bestows this devolved structures with authority. I would want therefore want to urge the Minister that we consider amendments that take into account terminology that bestows authority to these new institutions. Therefore, I would want to suggest an amendment that instead of calling them County Assembly Members we should call them Members of Assembly so that the way we call ourselves MPs they are also MAs. The way we talk of County Executive Committee they should be County Executive Cabinet. What is a committee? A committee is a committee of Parliament. These are big bodies. This is a cabinet. Call it a cabinet. Do not call it a committee because otherwise you still have the county council mentality. Madam Temporary Deputy Speaker, we should also call the members of those cabinets Ministers. At the national level now we have Secretaries so at that level let us have Ministers. I do not even know why we are calling it the Public Service Board; it is not a school board. Give it the name that bestows that authority and gives it the stature that it has. One of the things I would want to say is that the law is very positive but I would want to recommend further amendments. I know there are several Members who have spoken to giving insignia to these counties. Indeed, we have symbols such as flags and other things that indicate that. However, I want to borrow the American system. I want to suggest that using the American system we should also bestow our counties with identikits. For instance, we can call the Kirinyaga County the County of Mountains, we can call Kericho the Tea County, we call Nyeri County the County of Power; it is up to you to decide whether the power is to do with the Presidency or the women power and then call Naivasha the County of Roses. Homa Bay County can be called Aquatic County and Kisumu the County of Kings where you have Kings like Wuod Alego and OwadgiAkinyi. Madam Temporary Deputy Speaker, I want to also indicate that under Article 27 (6) of the Constitution, there is a provision on affirmative action. If you look at the way the Constitution is worded, that, “Parliament will take measures including legislative measures to give effect to affirmative action”. Therefore, for the Governor position, I want this law to be that law that gives that affirmative measure so that where you have the County Governor as a woman, then the Deputy shall be a man. I am going to move an amendment to that effect. It is constitutional. I also want to congratulate the Minister for very progressive thoughts. Indeed, the persons who drafted this Bill are very intelligent and very progressive in thoughts. I am extremely excited that they have made provision for input indicators, outcome indicators and other indicators which show that we are a country that wants real reforms. I hope that it will not be merely issues that appear on paper that do not appear in practice. However, I want to encourage the Minister that we have given a lot of definitions; for instance, we have given definition of resigning, redeployment and all that. We should also give a definition of stepping aside so that all the drama we see in this Parliament about what stepping aside means shall not be visited upon County Assemblies. I will be proposing certain amendments to certain clauses, for instance, on definition of a temporary resident because it is not clear who a temporary resident of a county is. I will be proposing an amendment to Clause 3(c) to add the words, “By the County Government”. For avoidance of doubt that we are not talking about the National Government. I will be proposing amendment to clause 6(v) for us to have clarity on what companies we are referring to that the counties can create. Madam Temporary Deputy Speaker, I know many people have spoken to the issue of public participation. This is one of the areas I can see that the Bill is not very bold about. Even though the Constitution has given the principles and the moral framework to provide for public participation, this Bill is still skirting around the issue of public participation. Mentioning public participation 100 times is not public participation. Therefore, I will be moving an amendment to give clout, to give teeth and give meat to the concept of public participation. I do not want to speak to the issue of removal of Governors and all that because I am not aspiring as Governor except I would want to indicate that we should ensure that it is not used to destabilize the county. At the same time, we should not make it too stringent to remove. There must be a fair balance. I would also want to move an amendment to clause 9(f) that we include the role of the County Assemblies to legislate. I do not know if that should not actually have been right on top. Also on clause 17, I would like to add sign language or Braille. I am very happy about clause 19 that provides the role of the Speaker when there is a tie in voting. In this Parliament, you have seen in the past whenever there is a tie there have been very awkward moments. I am very happy that this Bill has provided very clearly for this. Madam Temporary Deputy Speaker, another important issue that I want to indicate is clause 27 that has provided for civic education over boundaries. I have noticed in many instances mistakes have been made because the public were not aware. For example, in Lambwe, they have a case where part of Ruma National Park was curved off and taken to Gwasi. There are very valid issues relating to community of interest and historical times but because civic education was not done, this issue was not brought in time. Because of that, the way the boundaries are crafted may be problematic although I know they have already brought a memorandum. I would want to indicate again that under Clause 29, there should be provision for appeal on recall clause if the IEBC fails or refuses to act. We are giving the IEBC powers that they do not have constitutionally. On Clause 31(2)(b), it is unconstitutional and I do not know why we are putting there. We have a devolved system as opposed to a central system. The President must know his place likewise the governors. So, the President is not going to tell governors what they are supposed to do. The governors will tell the President what they are doing in their counties. Through the Summit which is proposed in the Inter Government Relations Bill, the President can request governors if he wants something to be done in their counties. This is a new era. Madam Temporary Deputy Speaker, I want to indicate that we need to provide the timeline for giving of State-of-Address under Clause 31. I will be adding a new sub- clause (m) for any other function as per the Constitution for the role of the county members. I would also want to urge that we add the words “human rights” under Clause 31 where we have the words “promotion of democracy and good governance.” I have a lot of amendments which I will not speak to. I will just pick a few of them. One of them is under Clause 56(7). I am not pushing an amendment on that one. However, I would like to laud the Minister for picking a zebra approach whereby if the chairperson is a woman, then the vice-chairperson should be a man. I think that is positive. I also want to laud the Minister for providing for marginalized groups except that the mention of the word “youth” is missing almost totally in this Bill even though I know that they are part of the marginalized group. So that they feel the ownership, we need to provide for the youth and persons with disability. There are a lot of weak provisions in relation to that. Madam Temporary Deputy Speaker, with regard to ward administrators, we have to be very clear about their qualifications. I am very uncomfortable with the use of the word, “sub-county” because it sounds like “sub-way”. We need to get something serious. If you go out of the country you should be able to say that you represent or you come from this and that place. The word “county” makes sense, but “sub-county” sounds a little strange."
}