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{
    "id": 612839,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/612839/?format=api",
    "text_counter": 541,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that The Water Bill (National Assembly Bill No.7 of 2014) be now read a Second Time. As the adage goes, water is life. Water is a very important, but at the same time, a finite resource; it is not infinite. Water is critical for domestic, industrial and irrigation use. It is also useful for cultural purposes. It is because of this nature of water, being a finite, but critical resource, and being a resource that is needed in very many aspects of human life, that many countries of the world have witnessed community conflicts around adequacy and accessibility to water. Our own country, Kenya has been classified as one of the most water-scarce countries of the world. It, therefore, came as a big relief when last year, it was announced that geologists had discovered large aquifers or underground water resources in Turkana County, in the northern part of our country. It is hoped, therefore, that soon when we can abstract water and put it to use, our country will move from being a water-scarce nation to a nation with adequate water supply. Madam Temporary Speaker, those who drafted our Constitution had in mind the critical role of water in our national life. It is for that reason that our Constitution in Article 43 envisages water as a human right. I only know of South Africa as the only other country that has placed water, among other socio-economic rights, as justiciable rights. There are three types of approaches by different countries to the question of water. Some constitutions are silent on water. The other category is countries which have adopted water in their constitutions under what is known as “directives of state policy” or “directive principles of state policy.” That means that water is mentioned in the constitution, but it is not provided for as an enforceable right. In terms of modern constitutions, I can only cite the South African Constitution from which our Bill of Rights is largely modelled. Under Article 43 of our Constitution, we have water as a justiciable right. In other words, a Kenyan can go to court to enforce any limitation which is unauthorized or any abrogation of the right to water. The same case applies to other socio-economic rights like housing and sanitation. It is at this point, therefore, that the Constitution in the Fifth Schedule demands that there must be water legislation that gives effect to Article 43. It is in that connection that I was very happy to see my colleague, Sen. Hassan Omar, introduce in this House a comprehensive Bill on the enforcement and realisation of socio-economic rights, generally under Article 43 of the Constitution. It is one of those moments that I commend him. We do not agree on many things, but this is one of the few areas that we agree on. I fully support that legislation. He has done this Senate proud as a 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."
}