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{
    "id": 634945,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/634945/?format=api",
    "text_counter": 443,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "As the Mover said last week, since most MCAs are not aware of the procedures, they have passed a number of regulations that are not in tandem with the needs of the residents. In my county, for example, due to lack of statutory instruments or law to guide the distribution of bursaries, there is total interference by the county executive. The executive connives with members of the committee in charge of those bursaries. The MCAs wanted committees set up in every ward to consider applications for bursaries and vet the beneficiaries, but they were overruled and only one committee, which is only known to the Governor was set up at the county level. When that kind of law is passed, it is prone to abuse. A few people will benefit from these funds. It is, therefore, important to have a law that stipulates what is supposed to be done and how regulations can be tested to meet the standards and needs of the communities. Since we have MCAs who have never served in the defunct local authorities, they do not know these processes and procedures. We only have a few former Members of Parliament who serve as speakers of the county assemblies. Therefore, there is need to have an instrument that guides them. Page 168 of this Bill talks about taxes imposed on businesses. Yesterday as I was travelling through Kitale and Eldoret, I learnt about huge taxes that are imposed on hotels. A three-storied hotel is charged Kshs46,000 yearly for the business. In addition to this amount, there is a charge of Kshs16,000 for the boardroom and Kshs16,000 for the verandah. Such charges never existed under the defunct local authorities and the Kenya Revenue Authority (KRA) charges have not changed. These taxes imposed by the county executive to mitigate their own problems end up ruining businesses. Therefore, there is need for an instrument that can guide and regulate some of these excesses. The MCAs should have a procedure to follow and ensure that the rights and liberties of people are not interfered with. Madam Temporary Speaker, the Committee has included a very detailed procedure. For example, under Part V of the Bill on General Provisions, there is a list of what is supposed to be done. Clause 18 (2) reads:- “The responsible county executive committee member may in consultation with the committee, make a regulation under this Act extending the operation of a statutory instrument that would otherwise be revoked by virtue of this section.” Page 171 of the Bill talks about powers to impose fees or charges. It covers specific fees, minimum fees, maximum fees, ad valorem fees and so on. If we have these statutory instruments, we will control many things that are happening on the ground. You may already be aware that the county executives do not implement some provisions of the Bills that have been passed by the county assemblies. The recommendations from public participation are also not adhered to, amounting to a waste of money and time. I read in the newspapers today about the county executive of West Pokot; that a lot of development has been done. For example, the county executive says that 30 secondary schools have been built, yet that is the function of the national Government under the Fourth Schedule of the Constitution. It means that the money that we have been allocating in this House for health, water and nursery schools has been diverted. The electronic version of the Senate Hansard Report is for information purposes"
}