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"speaker_name": "Hon. Ogalo",
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"legal_name": "George Oner Ogalo",
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"content": "Thank you, Hon. Deputy Speaker for giving me an opportunity. I rise to support the Report of the Committee. At the outset, water services in this country are a shared function between the national Government and county governments. The Water Bill stipulates mechanisms within the water services sector. Therefore, as per the Constitution of Kenya, the Senate and the National Assembly must both concur on the final text of the law before it proceeds to the President. This system enriches legislation. In 13 clauses, we agree that the amendments by the Senate enrich the Bill that we are legislating. The reasons we have advanced for rejecting the seven clauses as a Committee are very clear. Some are very minor, including definitions of words which are not used in the Bill. This is unnecessary. It was an oversight by the Senate staff. The other one which we have rejected is Clause 8 where the Senate wanted to insert the words “domestic use” immediately after the words “water works”. If you insert the words “domestic use”, it will create ambiguity in the entire clause. Those are little things that will not be difficult to solve when we go to mediation. There is a rejection that, as a Member of the Committee, I want the Committee Members to relook. This is the one which requires the county governments to establish a water services provider. I agree that using the very strong term “shall establish” is not in order but by virtue of Schedule Four of the Constitution, a county government must provide water services. It does not need to be stated that they should create a water services company. They are under constitutional obligations to create a water services company through which they are going to supply the residents of their counties with water. We may want to avoid a situation where the county refuses to agree with the regulatory authority to allow other water services companies to offer services where the county has not been able to with their water services company. With regard to Clause 75, when it comes to mediation, the principle of give and take should be applied such that we allow the county governments to establish water services providers. The other issue I would like to talk to is the choice of the word “license” as opposed to “accreditation”. This is in order and gels well with other legislations we have done where The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}