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{
    "id": 661102,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661102/?format=api",
    "text_counter": 343,
    "type": "speech",
    "speaker_name": "June 2, 2016 SENATE DEBATES 47 The Senate Majority Leader",
    "speaker_title": "",
    "speaker": null,
    "content": "(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the Health Bill (National Assembly Bill No.14 of 2015) be now read a Second Time. This Bill gives effect to Article 43 of the Constitution on socioeconomic rights, but in particular the Fourth Schedule of the Constitution, which provides for the sharing of functions between the national Government and county governments. The health function is shared as follows. The management and operations of health facilities up to Level 5 hospitals are vested in the county governments. Level 6 hospitals, which are national referral hospitals, are vested in the national Government. Overall, all matters of health policy are vested in the national Government. This Bill, therefore, amplifies the complementary roles that should be played by the national Government and county governments so that devolution can work and help the people of Kenya. The health sector is critical in our country. There have been some teething problems with this sector. There have been cases of unpaid wages, promotion issues and professional progression among heath workers. The naysayers who do not believe in devolution have been agitating that staff working in these facilities under county governments be handed back to the national Government. This Senate must resist those kinds of suggestions. I know that the National Assembly Committee on Health had made such a report, which is unconstitutional, illegal, unlawful and does not countenance where this country has come from. It is almost impossible that you will remove a function from the county governments and return it to the national Government. What is even more likely is the opposite. Going forward, we should convince Kenyans that some functions in the national Government should go to the county governments and not the reverse. Devolution is supposed to heal the wounds of a centralized system that has inflicted untold economic misery and suffering on the people of Kenya. This Bill amplifies the roles of the two levels of Government. Whatever issues that are arising and affecting the performance of county governments in terms of delivery of the health services should be tackled. Therefore, I hope that when this Bill goes to the Committee on Health, they will engage with the stakeholders and all the players in the devolved county government system, including the Council of Governors (CoGs), health workers, the national Government and donors to ensure that all those challenges are removed so that devolution works as it is, without interference. I am hopeful that going forward our counties will realise that much of the health sector is devolved and they need to up their game and make sure that they do not just multiply the number of health facilities, but also ensure that those facilities have adequate facilities and drugs. Mr. Temporary Speaker, Sir, finally, the national Government has gone out of its way to fund the health sector, especially the national referral hospitals that are vested in the national Government. More importantly, in accordance with Articles 186 and 187 of the Constitution, the national Government has gone out of its way to support health facilities that are under county governments with equipment. The law allows that one level of Government can perform functions that are within the other level of Government, so long as they understand each other and consult on the issue. 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"
}