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{
    "id": 601510,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601510/?format=api",
    "text_counter": 333,
    "type": "speech",
    "speaker_name": "November 18, 2015 SENATEDEBATES 47 Sen. (Prof.) Anyang’-Nyong’o",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Temporary Speaker, Sir, I rise to support this Bill proposed by my dear friend, Sen. Hassan. Sen. Hassan has made us proud. I have always said that the Constitution of the Republic of Kenya lays down broad principles of governance and provides in certain instances specific provisions for institutions that should be established for realising the principles in the Constitution, the goals and objectives on democratic governance and the developmental outcomes from this democratic governance as enshrined in our Constitution. In many articles in the Constitution, there is usually a refrain that Parliament shall make legislation to implement these provisions. Mr. Temporary Speaker, Sir, the Bill of Rights is specific with no doubt whatsoever under economic rights in Article 43. What is intended is not to make this article look good in the Constitution so that we say that we have a Constitution in which the Bill of Rights; social and economic rights are enshrined, but it gives the State an obligation to do certain things. For example, it tells the State that every Kenyan citizen or person has the right to the highest attainable standard of health. This includes the right to healthcare services, including reproductive healthcare. Mr. Temporary Speaker, Sir, a Kenyan citizen – like it happened recently where a Kenyan was denied healthcare – can go to court and say that the Constitution gives him or her the right and they have not been granted. Therefore, they can hold the State responsible for not making it possible for them to access the right. The State can turn around and say that it provided for the right in the Constitution, but legislation has not been established to ensure that, that right is fulfilled. Rather than wait for the State to have that excuse, Sen. Hassan wants to ensure that there is a law not only establishing an institution for making sure that these rights are implemented, but also giving that institution the responsibility to monitor and oversight the two levels of Government which are responsible for implementing these rights in Article 43. Mr. Temporary Speaker, Sir, what is very impressive about Sen. Hassan’s Bill is that it proposes how to arrive at evidence-based policy making and planning at both levels of Government. That will give the Government the opportunity to make choices based on proper planning, but not on mere imagination. As a planner, it is important to understand that when you plan, you plan to make it possible for certain critical choices to be made. The choices cannot be made without evidence on how they have to be made. Let me give an example of what I mean. Clause 11 of this Bill states that a county government shall, for the purpose of preparing its county strategic plan---. By the way, the Bill has already said that the county strategic plan will incorporate how these rights shall be taken into account by the county. In other words, no plan which does not contain the economic and social rights that every Kenyan is entitled to according to the Constitution will be brought to this House for approval. Clause 11 states that:- “A county government shall, for the purpose of preparing its county strategic plan, carry out a baseline survey in order to determine the following: 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."
}