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{
    "id": 992682,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/992682/?format=api",
    "text_counter": 659,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "As I said, a pandemic is a disease with a passport. It is not a localised thing. We might need to think of a national framework for reporting and coordination, whereas at the counties we have a framework for execution and implementation. If decision making is going to be at both levels, we are going to have some conflicts. Thirdly, the Pandemic Response Fund has been proposed. Personally, I have a problem with it for two reasons. The first one is that it will be construed to be a money Bill, which by definition is any legislation that imposes a charge on the Consolidated Fund. I think that has been the definition that we have lived with ever since matters went to court and a determination made on that matter. I still believe that already the Constitution itself establishes a Contingency Fund. Money can be withdrawn from the Contingency Fund to take care of situations that are foreseen. Why can we not cause allocations made from the contingency funds other than setting up another fund? Already, every county government has an emergency fund and the PFM Act has clearly described the management of that fund. Why do we want to create another fund? We need to be careful around that. If we are going to navigate the landmines that exist between this House and the other House, the landmines are usually booby traps around Money Bills. You might, upon reflection, find a way of drawing these monies from the Contingency Fund or the emergency fund or making reference to the PFM Act. The PFM Act has very clear provisions for establishment of funds at county and national Government levels and it is clear that those funds must be authorized by the relevant assemblies, be it Parliament or the county assemblies. This Bill is also fairly prescriptive in certain financial arrangements. The Bill should allow the Cabinet Secretary to come up with regulations that will then prescribe instances and the manner in which arrangements made between landlords and tenants and employers and employees can be executed. I visited a hotel, which was previously very vibrant, and the manager told me that staff were sent on paid leave for one month at the end of March. At the end of the month of April, the one month paid leave was converted to one month unpaid leave. At the end of the month of May, the employees will be going back to work because they are on leave even though it is unpaid. That means that the employer will have no choice, but to terminate the employment because they do not have money. No one is visiting those institutions. This morning, at a restaurant, the manager asked me to explain to him the reason why the Government is shutting down restaurants in Kisumu, Nakuru and Eldoret yet movement is allowed in those areas. He told me that all the other business are going on during the day and he wondered where those people are expected to eat and sleep. Nigeria took a fairly different approach in terms of enforcement though I do not want to say that there is one best way of doing it. In Nigeria, they locked down the States that had COVID-19 cases and the citizens in those States were asked to wear masks. Movement was allowed in the other states that did not have COVID-19 cases. As we move to the second month of lockdown and enforcement of orders, we might start thinking of a phased relaxation of some of these things because the implication of COVID-19 on the economy is going to be extremely severe. 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."
}