Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 776547,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776547/?format=api",
    "text_counter": 170,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Otiende Amollo",
    "speaker_title": "",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": "Committee should consider including, perhaps, a representative of the Council of Governors or such other representative as may be said to represent county governments. I appreciate as noted in the Report that Section 7(1)(h) has been changed from the Institution of Engineers to the Engineers Board of Kenya. That is commendable. My second comment is on Section 23 that appears on page 1523. Section 23 helpfully requires that the boards observe ethnic and regional balance and also observe the two-thirds gender principle. My problem is that we have many laws, including the Constitution of this country that have a similar requirement and yet it has not been observed. I would like to suggest, therefore, that the Committee may consider going further than the bare provisions and include a provision that if at any time any of these boards do not meet that threshold, then that penalty will result in dissolution. Perhaps, that would ensure that it is observed, not in breach, but in fact. My third observation is on Section 37 that is on page 1527. This is the one that requires each authority to deliver within a period of four months of the end of the financial year an annual report. In Section 37(2)(b) it also requires to be included as part of that annual report, a copy of the audited accounts. It is on record, and the Auditor-General has told this House severally, that it is impractical to audit any authority within three months of the end of the financial year. It is clear and it is on record that within the first four months after the end of financial year, all that the auditor’s office does is to receive the financial statements. I would, therefore, like to suggest that the inclusion of this provision is impractical and does not help. I understand that the Committee’s hands are tied by Article 229 because it is the one that generally requires such reports from the Auditor-General within three months. I would like to suggest a solution that might not only help these authorities but might help a way of getting round Article 229. I would like to suggest that the Committee could consider making this provision that the annual report be submitted within three months of the beginning of the calendar month, rather than the financial year, so that in default, it will not breach Article 229 but in essence it allows these authorities about six months of the beginning of the financial year. If you say within three months of the beginning of the calendar year, then it allows the auditor’s office about four or five months of auditing and issuing an audited report, then that audited report will be included in the Report. This is not speculative. When I was the Chairman of the Commission on Administrative Justice, I adopted this approach and it is the approach that enabled us to submit to this House every year a report that included the audited accounts. My fourth observation is on Section 46 on page 1531.This relates to acquisition of land for purposes of use sometimes in emergencies, sometimes in necessity. What is not clear on that section and is clear on page 12, is that the Report expressly says it allows the acquisition of such land for road works and any land, including private land. We should read Section 46 with the clear knowledge that we are possibly also including private property. If you are including private property, then we must be alive to the provisions of Article 40. Article 40 is very clear in terms of acquisition of private property without due compensation. My concern in this section is that if you come to Section 46(5), it then provides for compensation but it says, the roads authority shall compensate an owner of land for any loss or damage arising. It does not say “for the use”. It says “for any loss or damage”. Two things arise. One, it leaves it open to interpretation that unless there is damage then you will not be compensated. And it should be noted that the period of use is left open. It says “for such period as may be necessary. Two, it does not prescribe in any way the mode or who to deal with the question of compensation. I The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}