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{
"id": 949887,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/949887/?format=api",
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"type": "speech",
"speaker_name": "Sen. Wetangula",
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"speaker": {
"id": 210,
"legal_name": "Moses Masika Wetangula",
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"content": "Mr. Speaker, Sir, I believe that the originator of this Bill is the Governor of Murang’a County. He is the one who started to talk about a Bill of this nature. It has now found its way to the Committee, and I am happy that the Senator for Kirinyaga has ably moved it. However, we must be careful in trying to support vending or hawking, not to surrender authority of the counties to the national Government. I see clearly that in Clause 4 there is an unacceptable provision that is surrendering the authority of counties to the Cabinet Secretary (CS) for Trade. Petty trading is 100 per cent devolved; it has nothing to do with a CS responsible for Trade and Cooperatives or National Treasury. Licensing of vendors and hawkers is an exclusive preserve of county governments. Designation of where to vend or hawk is an exclusive preserve of the county governments. Levying of fees, licensing and so on is, again, an exclusive preserve of the county governments. On what basis does my good friend, the Senator for Kirinyaga, provide in Clause 4 (1); that the CS shall, by notice in the gazette, designate a section or department within the Ministry responsible for matters relating to street vending, a street vendors unit for purposes of this Act? Why would the Ministry in the national Government keep a unit of something they have nothing to do with? I do not understand this. It goes on to say in Clause 4(2) (a) that the functions of this unit is to maintain, in collaboration with county governments, a national registry and street vendors in Kenya. For which purpose do we want to have a national registry of vendors? It does not make any sense at all. Hawkers and vendors are localized. If they are within the jurisdiction of Nairobi, it is matters for Nairobi County. If they are within the jurisdiction of Laikipia, it is a matter for Laikipia, and Nairobi has nothing to do with it. Why would anybody sit in Nairobi and keep a registry of a hawker in Tana River or Mandera? This is a misguided Clause. At the Committee stage, the Committee that the distinguished Senator chairs should relook at this. Mr. Speaker, Sir, they go on to say, in Clause 4(2) (b), that this unit will prescribe, in consultation with county governments and relevant stakeholders, minimum standards for the conduct of street vending and regulation of street vendor in Kenya. Not all counties have vending and hawking needs. If you go to small towns like Webuye, Kiminini, Kapenguria and Vihiga, they do not have problems with congestion and traffic. However, when you come to Nairobi, the problem is a contest between vehicle traffic, human traffic and hawking. Mr. Speaker, Sir, I do not see how we will balance the interests of formal and informal traders. In many situations, you will find that somebody who has been licensed to open a shop on Kenyatta Avenue pays licence fees to sell many wares including handkerchiefs, pens et cetera . However, another person who is unlicensed displays his goods right outside the shop making it practically impossible for anybody to enter the shop. This is the regulation that we want, so that we give space to both the informal and formal traders, so that they can coexist. 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."
}