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{
    "id": 601501,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601501/?format=api",
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    "content": "granted by the National Government. It is not something that you acquire, it is something that is born, it is inherent. The right to social security is inherent the minute a child is born. You do not have to be 18 years to have this right. The right to clean and safe water is inherent. Interesting, there is a right called “no person shall be denied emergency medical treatment”. Alex Madaga is four weeks on the ground having died because the right to emergency medical treatment was not available. That is the reason why I say that this Bill is absolutely monumental to the sovereignty of this Republic, to the people who matter, to the people who elected us and most important, to the bulk of the population in this country that is marginalized, those that cannot access clean and safe water, those that cannot afford to go to the nice hospitals that you can go to and those that are in slums. Mr. Temporary Speaker, Sir, in the Republic of South Africa – that is why I said this Bill is monumental – the Supreme Court of South Africa determined an issue about eviction. In this country when the national Government needs to construct a road or somebody has encroached on a public facility, Kenyans are evicted in a manner that is inhumane. In the Republic of South Africa, the Supreme Court has, in fact, determined that a person who was evicted in violation of their economic or social right - they have gone a step further to make a declaration - that that person should be given adequate and standard housing that the Republic of South Africa and the Supreme Court of South Africa thought was the standard. They have given a deadline and said within a certain period of time, the Government of South Africa should fulfill that order. We do not have that order that the Supreme Court or any court in this Republic under Article 22 can supervise both the national and the county government. Mr. Temporary Speaker, Sir, the wisdom of the Senator of Mombasa in including the persons who are supposed to do oversight on national Government when it comes to fundamental rights, one of them is the Kenya Human Rights Commission (KHRC). Although we have the right to medical treatment and the KHRC can enforce these rights, women are still dying in Kakamega. The solution lies in this Bill which provides a framework for a policy. What is the policy of this Government on housing and where can it be found? Can it be accessible to us, as legislators, so that armed with the Constitution, we can go to the High Court and enforce it? Most likely, you will not find it. This Bill provides a framework for the people of Kajiado to have access to the policy on housing, clean water, food and social security. Armed with this Bill, we will go to the High Court and the people of Kajiado will seek that enforcement. That enforcement might not be realised immediately and that is why a framework has been provided. Mr. Temporary Speaker, Sir, this afternoon, we were discussing about national identity cards (IDs) and voters’ cards. Without a budget, the right for a person to vote and have an ID card cannot be enforced. This Bill provides a budget framework where, when we are discussing the budget in the Senate, we will be looking for housing and health. Although the Abuja Declaration 2001 talks about 15 per cent of the national Government Budget being allocated to health, what is the reality in Kenya today? 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."
}