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"content": "Mr. Temporary Speaker, Sir, this Bill also gives the right to a person, not only to file a case in court, but also the commission which has been charged with the responsibility of overseeing the implementation of this Act; an individual can complain to it. Let me briefly explain how this can be achieved. Mr. Temporary Speaker, Sir, under Clause 3(d), the object and purpose of this Bill is, amongst other things, to provide a framework for the standards that are to be adhered to by the national and county governments in the realization of economic rights. Therefore, any individual cannot just go to court. The standards will be put in place and it is only when those standards have been violated that one can go to court. Not only will it provide the standards to be adhered to by the national and county governments, but it will provide the mechanism to monitor. Therefore, if that mechanism has monitored and found out that the national or county government has not adhered to what has been put in place by way of standards, then again, it gives a measurable quality for a person to either report a complaint to the commission or go to court. Mr. Temporary Speaker, Sir, the other problem on this issue of economic and social rights is always a question of money to implement. I am glad that Clause 6(2)(d) of this Bill imposes upon the national and county governments to give priority to allocation of resources to ensure that economic and social rights are realised. In other words, when the county government is allocating resources, it has to ensure that most of those resources must go to the realization of economic and social rights. This is not always the case, but one can use that clause and say, the allocation of resources in this budget by this national or county government has not sufficiently prioritized the money that will go to economic and social rights. Clause 6(2)(e) says that the national and county governments must avoid actions that will limit the economic and social rights. What are some of those actions? At times, sufficient money may be allocated, for example, to investment to the realisation of economic and social rights. However, sometimes what normally happens is that, that money that had been allocated for a particular purpose is diverted to a purpose that may not necessarily be in the realization of economic and social rights, but may be more in the issue of the wage bill, salaries, travelling abroad, just putting up purchases and houses for governors and other officials of the Government. In other words, although the budget was right, and we know this, there are a number of county governments where the budget is right, but all of a sudden that amount of money in that budget devoted to investment and resources is diverted to the needs of particular high ranking national and county officials. Those are the actions which must be avoided. If that happens, it will be a violation of a right and, therefore, a measurable thing, that one can say, let me go to court on this issue. Mr. Temporary Speaker, Sir, in the process of discussions, there were some complaints that maybe this Bill is creating too much work for county governments or the national Government. This means it requires that national and county governments must have a comprehensive strategic plan and yet under other Acts we have what we call the County Integrated Development Plans (CIDPs). So, why have all these types of plans? I 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."
}