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{
"id": 1399851,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399851/?format=api",
"text_counter": 152,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Geoffrey Ruku."
},
{
"id": 1399852,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399852/?format=api",
"text_counter": 153,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": " Thank you, Hon. Speaker. I rise to support the National Disaster Risk Management Bill. This country has witnessed a number of disasters. One of the problems we always face when we have a national disaster is mobilisation of resources to mitigate deadly outcomes."
},
{
"id": 1399853,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399853/?format=api",
"text_counter": 154,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": "Mostly, we have a disaster such as drought. At the moment, we are witnessing floods as well as terror attacks. This Bill seeks to ensure we hasten mobilisation of resources, so that in case of drought, many families’ lives are not lost. In case of floods, we will ensure there is immediate mobilisation of resources to take care of them. We have also seen terror attacks in this country. However, we are fortunate enough at the moment because we have stayed for a number of years without them. We thank our security agencies for the good work they are doing. In case of a terror attack, we need proper roles in place to ensure there is quick mobilisation of resources to ensure it is well taken care of."
},
{
"id": 1399854,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399854/?format=api",
"text_counter": 155,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": "There is also formalisation of ensuring there is proper Public Private Partnership (PPP), in case of a disaster. When we have a disaster, there are always consequences which need to be mitigated in future, so that their impacts do not stay with us for ages. Therefore, this is a situation where we may want to have a PPP. This Bill will bring in such kind of a model which can be adopted to ensure there is proper formulation of PPP. We know that there is loss of lives and properties in disasters. This Bill will ensure that there will be a reduction of loss of lives and properties occasioned by disasters such as floods, drought and terror attacks. This is a good Bill because it concerns the posterity of our nation and that is why I support it. Thank you, Hon. Speaker."
},
{
"id": 1399855,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399855/?format=api",
"text_counter": 156,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Next is Hon. Beatrice Elachi. Hon. Oundo, you said that you had already spoken on this Bill yet you have logged in again."
},
{
"id": 1399856,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399856/?format=api",
"text_counter": 157,
"type": "speech",
"speaker_name": "Dagoretti North, ODM",
"speaker_title": "Hon. Beatrice Elachi",
"speaker": null,
"content": " Thank you, Hon. Speaker. I rise to support this Bill. I want to talk about the perennial disasters we normally find ourselves in, especially here in Nairobi. A good example is the floods we are experiencing now. When you look at the Memorandum of Objects, the Bill establishes the Intergovernmental Council on Disaster Risk Management and the National Risk Management Authority. It is to ensure there is coordination of disaster risk management at national and county levels. One of the clauses in the Bill states, “The President may...” I am wondering why the use of the word ‘may’ yet we are talking about a disaster. The phrase should read, “The President shall...” We need the national Government to come in when we talk about disasters. When you look at how county governments are structured today, especially when a disaster like the recent flash rains of Sunday night... It was a disaster! Counties take more than ten hours to respond to such simple things. We will then have serious challenges in this country if you tell me that the national Government should not come in when disasters happen. We saw what happened in Mandera during floods. We saw buildings coming down. We should ask ourselves questions. As much as the Bill looks at shared functions between county and national governments, we must ensure that response to disasters is more of a national Government function. What counties can do is to provide manpower. Resources must come from the national Government. In the USA, when there is a national disaster, the federal governments come in to stand with the people. Kenyans do not know about county governments or the national Government when there is disaster. Why can we not state in the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1399857,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399857/?format=api",
"text_counter": 158,
"type": "speech",
"speaker_name": "Dagoretti North, ODM",
"speaker_title": "Hon. Beatrice Elachi",
"speaker": null,
"content": "Bill that the national Government should take up responsibility when there is a serious disaster? Part I of the Bill contains preliminary provisions. It talks of an Intergovernmental Council, but we already have a disaster management team at the national level. Should we not get people with expertise on how to deal with disasters? Thailand had an earthquake recently. The whole world was shocked the way they managed that disaster. They managed, quickly enough, to remove people who had got stuck in the rubble. As a country, I think, we are never ready to tackle disasters. We are never ready. We wake up only to realise we are in one. We must begin to do things correctly. For instance, We know why we have floods in Nairobi. It is because the drainages are blocked. Who is responsible of ensuring that we have unblocked drainages? The county government has to look at it. Yes, the Bill comes in at the right time. However, we need to look at it and really ask ourselves some questions. I can see, in the Bill, many functions have been given to counties yet we are saying that counties do not have capacity for now. As we support this Bill, there is need to tidy up many of the things in it. One of the things I can point out is the one on the office of a member of a county committee becoming vacant. How do we ensure the county committee we are putting in place is empowered, that is, if we already have it? We must ask ourselves what the role of the national Government is. I can see county committees. The functions are skewed more towards counties than the national Government. We know very well that counties do not have money to deal with these disasters. The things that counties deal with during a disaster is, say, looking for unga for hungry people and sometimes mabati . God forbid, should a disaster happen that will bring down buildings... We have to be very careful when we give the functions to county governments. When we get to the Committee of the whole House, I propose that we tighten up things and ensure that the national Government takes control of disaster management in the country. With those few remarks, I beg to support."
},
{
"id": 1399858,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399858/?format=api",
"text_counter": 159,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Timothy Toroitich, Member for Marakwet West."
},
{
"id": 1399859,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399859/?format=api",
"text_counter": 160,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": " Thank you for giving me an opportunity to contribute to this important Bill on national disaster risk management. Under the Constitution, disaster management is a function of county governments. However, the Fourth Schedule suggests that it is a shared function. It is prudent that we set up a proper legal and institutional framework to manage disasters in this country. The national Government allocates money to county governments whenever there is disaster in this country. However, this money has never been utilised to meet its intended purpose. The formation of the Intergovernmental Council to oversee the funds channeled to the county governments is for me a fundamental way of solving disaster issues in this country. Disaster cannot be said to belong to either national or county governments. When a disaster strikes, the people affected do not belong to national or county governments. These are residents of our country Kenya. They are the occupants of Kenya. Therefore, the national and county governments must sit and resolve the challenges faced by our people without selecting people along the national Government and/or a county government. As we speak, disasters in this country is purely the purpose of a county government. When it comes to reviewing our Constitution, which must ultimately come in the near future, my opinion is that this function should and must be fully transferred to the national Government. Under Article 91 of the Constitution, county governments are charged with making laws in certain devolved functions. However, there is a problem with cross-border legislations. Since this matter is devolved, you will find that the 47 county governments have made various legislations that sometimes are conflicting. We must have a cross-border legislation. The only way to have cross-county legislation is by establishing a national legal framework, which we are doing today. That is so that we provide a uniformed legislation that guides the 47 county governments. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1399860,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399860/?format=api",
"text_counter": 161,
"type": "speech",
"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Kipchumba",
"speaker": null,
"content": "We have a challenge in this country in terms of conflict of legislations that are channelled by county assemblies and Parliament. The reason is that certain functions that are devolved are shared by the two levels of government. We must ensure, as a country, that if a function is shared between the national Government and the county governments there is uniform law that clearly states that a function is shared. That way, we will not have conflict of legislations that will bring about issues. I had a chance to work in the County Assembly of Elgeyo Marakwet. I was one of the drafters of the Elgeyo Marakwet County Assembly legislation on disaster management. As we were drafting that legislation, I realised that there was a problem. I was the legal counsel for the County Assembly of Elgeyo Marakwet at that time. I realised that the neighbouring County of Uasin Gishu had a similar legislation on disaster management. If, for example, at that time one county did not have enough facilities, the neighbouring county had to assist that county in terms of facilities. If we do not have uniform legislation, an authority that governs both the county governments and the national Government, and a council that is intergovernmental, then one county may suffer at the expense of another county. I support this legislation and pray that this authority that has been proposed will serve its intended purpose as provided for in the Constitution. I have read the functions of the Intergovernmental Council as it has been provided for in Clause 6 of the Bill. One of its functions is to advise and make recommendations to the Cabinet and the Summit. Whenever there is an emergency or a disaster, the Cabinet must be notified by this council so that county governments do not make decisions without involving the national Government. That will be a plus for me. The council shall provide policy direction and approve plans on all activities related to disaster risk management. As I said, disaster does not belong to certain counties. When disaster strikes, it affects all Kenyans. Therefore, there must be a specific policy direction that is approved by the Intergovernmental Council. The Intergovernmental Council receives, considers, and makes decisions based on the reports and recommendations of the Authority. This House has to make a policy recommendation that there must be a council that approves the recommendations of the Authority. I have read the Bill. The Intergovernmental Council must serve both levels of government and be entitled to make … The Intergovernmental Council reports to the Cabinet and the Summit on the coordination of disaster risk management among the spheres of Government. In terms of policy directives, all policies that affect Government must be approved at the Cabinet level. Therefore, the council will ensure that the policies relating to disaster management are approved by the cabinet. I commend the direction we have taken as a House that when a matter is shared between the national Government and the county governments, as a House, we must sit down and scrutinise the Fourth Schedule of the Constitution so that we do not have conflict of legislations emanating from our county assemblies. We must have a uniform set of laws that govern the 47 counties in this country to avoid conflict of legislation and representation in various cadres. I support this, Bill. At the Committee of the whole House, I will propose the necessary amendments so that we can strengthen the provisions of this proposed legislation."
}
]
}