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{
    "id": 737175,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/737175/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Hon. Chea",
    "speaker_title": "",
    "speaker": {
        "id": 1694,
        "legal_name": "Mwinga Gunga Chea",
        "slug": "mwinga-gunga-chea"
    },
    "content": "I find the provisions of Clause 2 so attractive in so far as the definition of “occupational therapist” is concerned. An occupational therapist has been defined to mean a person who, having successfully undergone a prescribed course of training in a training institution, is a holder of a certificate issued by that institution and is registered under this Act. Training is crucial. There are those who have gone to particular institutions and received training. There are those who practise in the villages or cities, but have not received that training. With this particular Bill, sanity has been brought and all those who wish to practise will now be brought on board and will practise legally. What is equally crucial is that there are so many quacks outside there and people in this country really love shortcuts. This Bill, in so far as it perceives to license, there will be no room for anybody to purport to carry out the occupational therapist business without the requisite lessons. We realise that Part II of this Bill creates the Occupational Therapy Council of Kenya. For all the Bills that we have debated and probably passed before this House, so many councils have been formed. Today, I wish to pose the challenge that those councils should live up to their mandate and objectives. That is why I find it so progressive that under Clause 3 (2) (c) of this particular Bill on the establishment of the council, one of the functions of the council is to borrow, lend or raise money. What is quite important here is that the council must go an extra mile and ensure that it raises money so that it can fund its activities. In the absence of money to fund those activities, we burden the taxpayer by the enactment of those councils. The other area central to this Bill is Part V which provides for discipline. There is no profession that can work well without having a disciplinary committee. The provisions of Clause 34(1) on the establishment of a disciplinary committee are quite critical to this Bill. Looking at the composition of that particular committee, you realise that those are people who are up to the task and will discharge their duties without fear or any bias whatsoever. Some of the people who are supposed to serve on that committee are people with legal or medical background, and that will suffice for the disciplinary committee. The other important thing is the functions of the disciplinary committee. The disciplinary committee shall have the powers to remove or suspend one from the register as well as impose a fine. Those are very important remedies for the committee to implement and see that sanity is brought to that profession. What is also important in this Bill is when you look at Part V on discipline. They have tried as much as they could to uphold the principle of natural justice. The disciplinary committee shall not proceed to condemn people unheard. The disciplinary committee under its provisions will be required to summon and give an opportunity to any member they wish to deal with at the disciplinary level. That is constitutional. It is very important because it will minimise cases of people complaining of being mistreated by the committee. At the end of the day, parties will get justice and all will be taken care of. As I conclude, I must join my colleagues to say that, in as much as health has been devolved under the Fourth Schedule, it remains a shared function. The county governments and the national Government must work together to ensure that health services are provided to the common mwananchi . With those few remarks, I wish to support the Bill."
}