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{
"id": 874687,
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"type": "speech",
"speaker_name": "Machakos Town, JP",
"speaker_title": "Hon. (Dr.) Victor Munyaka",
"speaker": {
"id": 86,
"legal_name": "Victor Kioko Munyaka",
"slug": "victor-munyaka"
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"content": "operation of the National Sports Fund and the National Sports Fund Board of Trustees. This is in order to provide for a comprehensive approach to financing of the sports sector through a fund established and managed in accordance with the Public Finance Management (PFM) Act, 2012. The Committee is grateful to the Office of the Speaker and the Clerk of the National Assembly for the logistical and technical support accorded to it during its sittings and retreats, while collecting the views from the public. Also, the Committee wishes to thank the National Treasury, the Ministry of Sports and Heritage and all other stakeholders for their participation in scrutinising the Bill. As the Chair, I wish to express my appreciation to the Hon. Members of the Committee together with the secretariat who were useful in preparing and producing the Report which we tabled yesterday. Clause 12 of the Sports Act, 2013 had created the National Sports Fund which is a public Fund. The creation of that particular Fund contradicted the provision of the PFM Act, 2012 section 24(4), which only authorises the Cabinet Secretary (CS) of the National Treasury to create public funds. That is why the initial Regulations which came before this House for the establishment and operationalisation of the Sports, Arts and Social Development Fund, were annulled by the Committee on Delegated Legislation. Generally, these amendments were a must, so that we could remove the contradiction between the PFM Act, 2012 and the Sports Act, 2013. Members observed several issues while meeting the stakeholders. That the first Regulations were annulled by this House and a second set of Regulations to correct the contradiction were also brought before this House and were adopted. They were gazetted on 13th December 2018. Now, the new Sports, Arts and Social Development Fund is on the formative stage. Having resolved the contradictions with the Regulations, the Committee was also taken through the latest Regulations to see whether they protected the interests of the Ministry of Sports and Heritage. We observed that the Regulations had some loopholes where the Committee recommended the transitioning staff from the National Sports Fund, needed to be protected and not disadvantaged while being absorbed into the new Fund. We also observed that the amendment is going to create mechanisms for the smooth transfer of assets of the previous Fund to the new Fund. The Regulations having indicated that the administrator of the Fund is going to be the Principal Secretary (PS), Sports and Heritage, as a Committee, we recommend to the CS, the National Treasury the need to amend those Regulations. They should expressly specify that, at all times when the PS, Sports and Heritage is present, he should remain as the administrator of the Fund. This is for the sake of solving the historical problems of under-funding of sports. The Regulations also propose the mechanisms and apportionment of the Fund to three sectors. The proposal allocates not more than 35 per cent of the Fund to sports. But, the Committee wanted that Regulation to be changed to read not less than 35 per cent going to sports, considering the historical under-funding to sports. The same Regulations are proposing not more than 60 per cent going to support universal healthcare and other social development issues. It also proposes not more than 20 per cent going to arts and not more than 5 per cent going to Government emergency interventions. This Fund is going a long way in ensuring the much needed support to sports because, as we understand in Kenya, we lack sporting facilities. Especially, looking at the stadiums, we have five African Nations Championship (CHAN) stadia which are the Moi International Sports Stadium Kasarani, Nyayo Stadium, Kinoru Stadium, Kipchoge Keino Stadium and Machakos Stadium. They were meant to be used for the CHAN events that collapsed because of not being 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."
}