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"content": "BILL"
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"content": "Second Reading"
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"content": "THE KENYA NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT BILL (National Assembly Bill No. 72 of 2023)"
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"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
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"legal_name": "Jeremiah Omboko Milemba",
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"content": " Deputy Leader of the Majority Party."
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"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
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"content": " I beg to move that the Kenya National Council for Population and Development Bill, (National Assembly Bill No. 72 of 2023), be now read a Second Time. I want to say that the gist of this Bill is very simple. It is to anchor the National Council for Population and Development (NCPD) in law. It has existed because of a Legal Notice. As we know, Legal Notices only exist up to 10 years only. Then, they collapse beyond 10 years. Therefore, the NCPD requires a legal instrument to allow it exist in perpetuity. We need to put it in law and develop an Act. For those who are asking the questions, that is the gist of the matter. The NCPD has been there for many years. It was set up in 2004. It has existed based on a Legal Notice. We now want to transform this Legal Notice into an Act of Parliament to give the NCPD a better platform to exist. It is a Semi-Autonomous Government Agency 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."
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"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
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"content": "(SAGA) within the Ministry of National Treasury and Economic Planning. If you allow me, I can go into the details a little bit, and then I will ask Hon. Bashir to second. By way of introduction, the NCPD was established in 1982, as a department in the then Office of the Vice-President and Ministry of Home Affairs. It was set up to formulate population policies, strategies and coordinate population-related activities. In 2004, the Council gained the status of a Semi-Autonomous Government Agency (SAGA) under the name National Coordinating Agency for Population and Development (NCAPD), through Legal Notice No.120 of 2004. In 2011, NCAPD reverted to its original name, NCPD, through Legal Notice No.172 of 2011. Initially, the role and mandate of NCPD was contained in Sessional Paper No. 4 of 1994 on Population Policy Guidelines. The policy guidelines were later revised and formed the backbone of the Sessional Paper No.1 of 2000 on National Population Policy for Sustainable Development (NPPSD). In 2012, the Government issued Sessional Paper No. 2 of 2012 on Population Policy for National Development (PPND). Subsequently, Sessional Paper No.3 of 2012 on PPND was revised, leading to the issuance and adoption of Sessional Paper No.1 of 2023 on the Kenya National Population Policy for Sustainable Development that recommended the establishment of NCPD through an Act of Parliament. You can see how late we are. In 2023, a recommendation was made to transform NCPD through an Act of Parliament. This is a 2023 Bill and so, we are late on this matter. Presently, Executive Order No.1 of 2023 on Organisation of Government, dated 23rd January 2023, recognises NCPD as a SAGA under the National Treasury and Economic Planning, State Department for Economic Planning. As you may be aware, section 21(1) of the Statutory Instruments Act, 2013 provides for the automatic revocation of statutory instruments after 10 years have elapsed. In view of the above historical background, the principal object of this Bill is to anchor the NCPD under an Act of Parliament to ensure its perpetuity. The same was to be cured by the Finance Bill, 2024, which deleted section 21 of the Statutory Instruments Act, but you know what happened to the Finance Bill. Therefore, we have to do it independently. I would like to make a few highlights of the Bill, which are very important for Members. The principal object of the Bill is to anchor NCPD in law. Part I has Clauses 1 to 3 of the Bill which contains preliminary matters including the interpretation of terms that have been used and the guiding principles. Part II has Clauses 4 to 20 of the Bill which provides for the establishment, composition and administration of NCPD. The objects of the Council are to: 1. Act as the focal point on matters relating to population and development in the country. 2. Develop a National Population Policy. 3. Coordinate the implementation of population and development activities being carried out by various stakeholders in Kenya. The functions of the Council are contained in Clause 6. There are additional functions to those that are set out in the Legal Notice. The additional functions include resource mobilisation and establishment of standards for population programmes in the country. Governance structures are in Clause 7. The State Corporations Act (Cap. 446) provides that membership of boards of body corporates should include the principal secretary of the relevant parent ministry. The Bill further seeks to establish an audit committee and any other committee that will enhance the council’s performance under Clause 12 of the Bill which seeks to strengthen its role to enable it perform its duties. Hon. Temporary Speaker, Part III has Clauses 21 to 26 of the Bill which provides for financial provisions, just like other SAGAs. Part IV of the Bill has Clauses 27 to 31 of the Bill 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."
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"id": 1560018,
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"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
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"content": "which sets out general provisions. Clause 27 of the Bill provides for the seal of the council. Clause 29 of the Bill allows the council to engage persons or organisations with specialised knowledge and skills in different areas where necessary for it to discharge its functions. It also allows the council to offer consultancy services to other institutions."
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"id": 1560019,
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"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
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"content": "Clause 30 of the Bill provides for services and documentation. It says that a notice or document shall be served on the council by delivering them at the office of the director-general. The last part of the Bill that is clauses 32 to 33 of the Bill, proposes transitional provisions. We need to transit from the Secretariat that sits at the National Treasury to a full autonomous organisation, the NCPD, that is established and anchored in law. Therefore, the current secretariat and members that are there will transition to the new organisation. In conclusion, I urge Members to support this Bill as it strengthens the implementation of the population programmes, and enhances inter-agency collaboration. This Bill is an important piece of legislation to ensure that all the gains we have had through the NCPD, which has been there for many years, can now be anchored in law for perpetuity. It will also ensure that we have an organisation that looks at the population policy in this country. We do not want to end up the Chinese way. We are Africans and children are a blessing. Bigger population is good for a country. However, we need to control it in such a way that development programmes financing and other factors come together in a harmonised way. What we do in our schools, universities, food production and economic activities that we have in the country are about the population size. Therefore, this is an important Bill that we must anchor in law to ensure the perpetuity of that organisation. More importantly, we need to deal firmly with population matters and development. I thank you and request Hon. Bashir to second."
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"speaker_name": "Hon. Omboko Milemba",
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"legal_name": "Jeremiah Omboko Milemba",
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"content": " Hon. Bashir."
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"type": "speech",
"speaker_name": "Mandera North, UDM",
"speaker_title": "Hon. Major (Rtd) Abdullahi Sheikh",
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"content": " Hon. Temporary Speaker, I beg to second."
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