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"id": 910960,
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"speaker_name": "Sen. Seneta",
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"speaker": {
"id": 611,
"legal_name": "Mary Yiane Senata",
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"content": "Further, other legislative gaps have led to inefficiencies within KEMSA that have resulted in reports that the KEMSA is storing expired medical supplies. It is for this reason that I have proposed to amend the KEMSA Act to align it to the provisions of the Constitution and the Health Act and to make it be recognized as one of the devolved services of the counties. Clause 2 seeks to amend the Long Title of the Act so as to provide that the Authority serves both the national and county governments. Clause 4 of these Amendments seeks to amend Section 4 of the Act relating to the functions of the Authority. The proposal seeks to require the Authority to engage with county governments on the basis of partnership agreements where counties seek to establish drawing rights and maintenance of appropriate supply chain system for drugs and medical supplies. Mr. Deputy Speaker, Sir, Clause 5 of the Bill proposes to amend Section5 of the Act by allowing the Council of Governors (CoG) to appoint two persons to the Board of the Authority. This proposal seeks to ensure the interests of county governments are considered by the Board when making decisions. This is especially important given that counties are expected to generate a significant amount of business for the Authority. Clause 6 proposes to amend Section 19 of the Act to obligate the Authority to consult the county government prior to procuring medical products on behalf of a county government. This provision was born out of the fact that under Section 67 of the Health Act, county governments may engage other parties other than KEMSA to supply the county health facility with medical supplies. This provision, therefore, seeks to ensure that the Authority only procures medical supplies expressly requested by counties. The issue of expired medical supplies in KEMSA stores will also be addressed. Clause 7 seeks to ensure that the CoG is consulted before the Cabinet Secretary (CS) makes regulations under the Act. It further seeks to protect the interests of the county government while conducting business with the Authority. Mr. Deputy Speaker, Sir, this Bill is a critical piece of legislation required to strengthen devolution. It comes at a time when we, at the Senate, have seen the loopholes in our laws as regards procurement of medical supplies by the county governments and the gaps in the law regulating the KEMSA. It is our duty, therefore, to protect the interests of counties and their governments. I have no doubt that we shall consider the 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."
}