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{
    "id": 448474,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/448474/?format=api",
    "text_counter": 275,
    "type": "speech",
    "speaker_name": "Hon. Oyugi",
    "speaker_title": "",
    "speaker": {
        "id": 444,
        "legal_name": "Augostinho Neto Oyugi",
        "slug": "augostinho-neto-oyugi"
    },
    "content": "Thank you, Mr. Speaker. I am duly guided and I appreciate it. I am then constrained to oppose this particular Report. I agree with the spirit of this Report, but I disagree with its form. The Report speaks to one of the cardinal rights under the Constitution. I listened to hon. Rachel Nyamai when she was moving this Motion. She spoke to Article 43 of the Constitution, which is the right to health. She also made reference to Section 15 of the Sixth Schedule and Article 187 of the Constitution. It is true that the health sector is facing numerous problems. It is also true that there is a lot of confusion and personnel flight from the various hospitals. Medical personnel are leaving various hospitals! The health sector is in dire need of reforms. It is in dire need of being taken care of. The form which this Report is in is what I disagree with. We were seized of the matter of devolution of health as a caucus, and we agreed that the Departmental Committee on Health needed to look at urgent means of dealing with the health sector. Recommendation No.1 speaks to the fact that devolution ought to take three years. That is the truth because devolution ought to have been phased out in a manner that--- Three years is what the Transitional Authority should have had in place. The counties ought to have applied for the functions that they were capable of implementing. That did not happen. Now that devolution did not take place in three years does not mean that functions are not being devolved. That simply means that devolution for a fact is a reality. If you want to take away devolution from the counties then what we ought to deal with is the spirit of Article 187 of the Constitution. If you want to transfer particular functions between levels of governments, then Article 187 is very clear: “A function or power of government at one level may be transferred to a government at the other level by agreement between the governments.” The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}