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{
"id": 876474,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/876474/?format=api",
"text_counter": 428,
"type": "speech",
"speaker_name": "Sen. Murkomen",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
"slug": "kipchumba-murkomen"
},
"content": "Madam Temporary Speaker, Article 43 of the Constitution talks about social economic rights. This includes attainable standards of health, accessible and adequate housing, reasonable standards of sanitation, to be free from hunger and to have adequate food of acceptable quality, to clean and save water in adequate quantities, social security and to education. When the State performs what they do, for instance, Universal Health Care (UHC) as big four agenda, that is an obligation under the Constitution. Why do we then need this law? This law is providing the framework of achieving that right. It is providing the mechanisms that must be applied by national and county governments to ensure that these rights in this Constitution are achieved. If you read the objectives of this Act in Section (3), you will realize that the framework of the social economic rights is being provided for. Second, the standards that must be adhered by national and county governments to achieve these rights. Three, is to also provide mechanisms for monitoring and evaluating these rights. Madam Temporary Speaker, some few years ago; that is, over 10 years ago, I was hired to be a consultant in a few non-governmental agencies to deal with matters of rights based approach to development. That is moving from development as a gift to development as a right. This is what this Constitution is talking about. However, the question we are asking ourselves is that, of what standards are we talking about? When the Constitution talks about right to health, food or housing, how do we measure these standards. What are the monitoring and evaluation mechanisms? How do we operationalize and apply the equalization fund? Madam Temporary Speaker, both levels of governments are expected to abide by Article 10 and 174 of the Constitution in promoting this sustainable development in social right. Again, this law provides that the national Government and county government must respect and fulfill these rights as set out in the Constitution by formulating policies, legislation and strategies that are meant to achieve these rights. Remember the President addresses the nation every year on the measures that have been put in place by the national Government in achieving rights, including social economic rights. Two, to establish mechanisms that might be considered for necessary enforcement of these rights. Three, availability, accessibility, adaptability and acceptability of service that would facilitate the realization of the economic and social right. Four, is to put in place measures that target marginalized and vulnerable persons so that they can achieve their rights. In other words, other than just the national Government reporting on measures of achieving these rights, I will persuade the Mover of this Motion that we should also add an obligation to the governor and the county executive to address the county assembly every year, on measures that have been applied to achieve realization of rights at the county level. We need to know that this county dealt with marginalized groups, women, persons with disability in this manner and their reporting obligations are in this way. That will enable those right holders to have a mechanism for enforcement. When they appear before court, they know that the standards that have been put in place in the counties, the budgeting mechanisms, and issues that have been addressed by the county The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}