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{
    "id": 563673,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/563673/?format=api",
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    "content": "Before I dwell into this Bill, allow me to use the Floor of this House this afternoon to pass my condolences to the family of hon. (Dr.) Mukhisa Kituyi, who served this country for 20 years as a Member of Parliament (MP) and as a Minister before he was elected Secretary General at the United Nations (UN) because he has lost his first born son. I would not have said this, if it is not for the fact that these two boys of hon. (Dr.) Mukhisa Kituyi, that is, the one who has died and the other one joined us in the struggle against bad governance when they were minors in the sense that they were attacked so as to discourage the father from being part of the reform movement of this country. Madam Temporary Speaker, I want to move on straight away by, first of all, commending on the first generation of employees in our counties who were employed in the absence of this Bill. Right across the 47 counties, you witness this pattern because of the absence of this law. People were employed through the vices of nepotism, clannism, cronyism and tribalism because this particular statute was not there. One hopes that after we have passed this law, the second generation of employees who will come after the 2017 elections will be the most deserving Kenyans in those counties. It reminds me of my personal assistant who is a very renowned expert in soil science, he applied for a post of Secretary for Agriculture in a county government and he quickly passed the interview. He was position one. However, when he went for vetting, they asked him whether he was the former personal assistant of the Senator? Innocently, he answered “yes”. They told him that, in that case, he would not have an opportunity to be asked questions because he was unsuitable. His name is Matayo Isese. This happened in Kakamega County. Madam Temporary Speaker, the Senator for Homa Bay County has raised a very important issue which we must encourage the Chairman, Sen. Madzayo to take it up. He has said that in Homa Bay, Nakuru and Kisumu counties, similar legislation is going on. We want to encourage him to apply the provisions of Article 191(2) of the Constitution to sort out this. Allow me to refer to that article which provides that in the case of conflict of laws, national legislation prevails over county legislation. I want to urge the Chairman to collect all the pieces of legislation because Article 191(2) (a), states as follows:- “National legislation prevails over county legislation if- The national legislation applies uniformly throughout Kenya and any of the conditions specified in sub-Clause 3” If this particular statute will apply uniformly across Kenya, the Chairman of the Committee, Sen. Madzayo should ensure that he collects all those other laws so that they inform him further, for us to make one common piece of legislation that will apply across Kenya. There is the issue of evidence during a time of interviews. At Okoa Kenya, we have come to realize that if the Constitution itself is not remoulded, the issue of inclusivity in participation of all Kenyans in Kenya’s public service is a mirage. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}