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{
    "id": 472487,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/472487/?format=api",
    "text_counter": 159,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Sen. Kipchumba Murkomen was on the Floor to say that these amendments are in tandem with the manifesto of the Jubilee Government. This should not be the case. If this was being carried out by CORD, I am sure we would comply with law and the Constitution in terms of access to employment and to procurement for persons who are disadvantaged. This should not be a preserve of a party or persons. We should follow the Constitution. In fact, I expected Sen. Murkomen to say that the Jubilee Government is complying with the Constitution and not just a manifesto. Lastly, I suggest that we make some amendments to this Bill. That amendment is on the publication of these criteria so that we do not leave this to Governors who are known to be having so much discretion. Where there is discretion, there is bound to be arbitrariness. We do not want arbitrariness when it comes to criteria that we have set out in the Constitution and in the law. We should be proud to say that we have helped 30 per cent of the population of Kenya who are truly disadvantaged. We have women, the youth and the disabled persons who are, in fact, capable and do not fall under this criterion. I suggest that we go further and make more changes in terms of persons we call disabled. The criterion is quite big. I suggest that we remove some of the ambiguities and opaqueness in this criterion, so that we do not use discretion. The amendment of 30 per cent appears to be a little discretionary while we say that it could be higher, the possibility of it being lower is also there. The sanctions proposed are also not discretionary. There should not be a proviso for violating this law. It should be clear, like Article 227 of the Constitution says that anybody who violates this law would be culpable of serious financial sanctions and not just disciplinary sanctions. With those remarks, I beg to support."
}