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"id": 975842,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/975842/?format=api",
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"type": "speech",
"speaker_name": "Hon. Anthony Oluoch (",
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"content": "Mathare, ODM): Thank you, Hon. Temporary Deputy Speaker. Allow me to join those who have thanked the Member who has brought this Bill. This is a very timely Bill. Also, allow me to say that this Bill should be looked at in the context of the broad length and width of the Constitution itself. This Bill expresses itself to be a requirement for organs of Government, which include county governments, State corporations, parastatals, constitutional commissions and others, to be able to report, in terms of the number of persons who are deployed in the public service, their gender, county and residence of birth. The first point I wish to make is that, there is a requirement that we should go beyond creating an Amendment Bill whose purpose would be to create aspirational values without obligations and punitive measures for breach. Secondly, the public service, probably, constitutes not more than 30 per cent of the workforce in this country. As we look at the obligations that are being placed to entrench the values and principles under the Constitution itself, we should also be spending time to consider what happens to the other 70 per cent who are in the private sector and companies, either foreign or otherwise, who do business with the Government. There should be a requirement that those companies or private sector entities are also bound by the values and principles in the public service. Alternatively, there is need for us to consider coming up with a Public Service (Values and Principles) Bill as well as a separate Bill to deal with values and principles of the private sector, so that the obligations that are placed under Article 10 of the Constitution are not only in respect of the 30 per cent of the public service, while 70 per cent are outside those obligations. Having said that, even with the most beautiful of aspirations and values placed under this Bill, if we do not come up with a culture of constitutionalism, we will not achieve much. I am trying to place a distinction between the words that we place in our statutes and the Constitution, and the culture of constitutionalism, what is called utanzania in Tanzania. The BBI attempts to bring in this question of ethos or the lack of it in our country. If we do not put emphasis on the ethos, which is an attitude problem with ourselves, then even with this beautiful Bill, we will not be able to achieve much. These values and principles, which constitute the ethos, are outlined in a number of Articles in the Constitution. I underscore this because it is not the lack of legislation or constitutional provisions, it is an attitude problem. Article 2 of the Constitution is clear on the issues of sharing, the question of equity, inclusivity, equality, non-discrimination and protection of the marginalised people. This Article clearly outlines what I refer to as the “foundational principles” under our Constitution. I want to agree with our colleagues who have spoken very eloquently on the problem of the marginalised people and people living with disabilities. Articles 54 and 55 are very clear about how we should deal with the issue of PWDs. Article 54 (2) is particularly very prescriptive. It says that the State shall ensure the progressive implementation of the principle that, at least, five per cent of members of the public in elective and appointive bodies are persons with disabilities. This is something that is very instructive that we must not only live with, but also ensure that it is implemented. 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."
}