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{
"id": 884784,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/884784/?format=api",
"text_counter": 167,
"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
},
"content": "Constitution is very clear. If you are a Senator, your functions are very clear. I even saw the Cabinet Secretary in charge of the Ministry of Interior and Coordination of National Government, Dr. Fred Matiang’i asking for advisory opinion from the Attorney-General on whether some Cabinet Secretaries should appear before the Senate. I will support that the Cabinet Secretaries in charge of Foreign Affairs, Interior and Coordination of National Government, Defence, Education outside ECD, Energy, DPP, EACC, have no business going to the Senate. Those are not county functions. So, they want two of their staff at the Senator’s office to be Members. It is ridiculous. We have rejected that and the Chair has rejected it too. The Committee also recommends that we agree with some of the amendments, but let me go to where we disagree with them. It is important to know that considering Senate’s amendments on a Bill shall be guided by the procedure set out in Standing Order Nos. 146 and 147. There are a number of issues which are unconstitutional and the Chair will give them. For example, we agreed with them, in conformity with the Constitution, to amend Clause 4 of the Bill to include county road agencies to be governed by guiding principles. They can use the money they get from the national government to have their own agencies to run their roads. And it is the business of a Senator to go and monitor and evaluate, and they have been given Kshs500 million to be divided among 47 Senators. They can as well go and buy people mandazi and meet elders, as we build schools and hospitals. If you look at Senate amendment to Clause 56 of the Bill, which removes county roads from the ambit of roads in respect to which the CS may impose road user charges, the Committee agrees with the Senate that the imposition of road user charges on county roads may not be sustainable. There is also a very outrageous amendment by the Senate. They want to differentiate between a road and a road reserve. They are saying the road reserves belong to counties. They can put their billboards or kiosks. If you go to my constituency, a lot of people’s properties were destroyed because they built it on road reserves. So, they were waiting for Kenya National Highways Authority (KeNHA) to destroy the properties and now the land belongs to the county government where they can put up some kiosks and earn some little revenue, which means again the local revenue does not even end up in the national kitty. We are saying road reserves belong to the agencies that run the roads in our country, so that if they want to build a road they are the ones to discuss with Kenya Power, the water people, the fibre optic people to remove their lines from the road. So, road reserves must be protected. Most of these amendments, and I really want to urge the Senate, are unconstitutional. We have nothing against them but we must tell them where they go wrong. These procedures are set out very clearly in Standing Orders 146, 147, and 148 of the National Assembly Standing Orders. It is also important to note that the moment we reject, there will be a likelihood of formation of a mediation committee which could guide both Houses in coming up with an agreed version of the Bill. I have agreed on this Bill I will be the leader of that mediation team and the Chair of transport so that that on the other side I ask the leadership to be on the mediation, so that at the end of the day we agree and this Bill is passed. I beg to move and ask Hon. Pkosing, the Chair of Transport, Public Works and Housing Commitee to second. I told you to forget about Kenya Airways (KQ); you deal with the Senate amendments. I told him until the Speaker makes another Solomonic communication on what we raised last Thursday, nobody should touch KQ. I beg to move and ask Hon. Pkosing to second."
}