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"speaker_name": "Mr. Imanyara",
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"content": " Mr. Okemo, let me put my colleague in peace because he seems to think that the Chair is wrong. I want to bring to the attention of Mr. Ethuro the provisions of Standing Order No.74 which permits a Member who has spoken to give an explanation. That is why I have allowed Mr. Okemo to do that. Mr. Ethuro you can be reading the provisions of Standing Order No.74."
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"content": "As Mr. Ethuro reads the relevant Standing Order so that he stops--- Hon. Oloo-Aringo is representing the Parliamentary Service Commission (PSC); Mr. Daniel Ogutu is representing the Public Service Commission (PSC); Ms. Sellestine A. Kiuluku is representing the Judicial Service Commission (JSC); Mrs. Serah Kinyua is representing the Teachers Service Commission; Brig. (Rtd) Samuel Ndururi Kirugi is representing the Defence Council and Mr. Jason A.N. Namasake is representing the Senate. You remember the name came there for Parliament to approve because the Senate is not yet in place. Mrs. Jacqueline Mugo represents the Federation of Kenya Employers (FKE); Mrs. Anne Elizabeth Owuor represents the Association of Professional Societies in East Africa; Mr. Joseph Kinyua is nominated to represent the Cabinet Secretary in charge of Finance and is currently the Permanent Secretary to the Treasury; Mr. Wanjuki Muchemi has been nominated by the Attorney-General and he is the Solicitor-General. Mr. Titus Ndambuki is Permanent Secretary in the Ministry of State for Public Service and has been nominated by the Minister of State for Public Service. Mr. Temporary Deputy Speaker, Sir, that is the complete list."
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"content": " For the benefit of Mr. Ethuro, I just want to read to you now the provisions of Standing Order No.74 (1):- “No Member shall speak more than once to a question except in Committee of the whole House provided that:- (i) a Member who has spoken on a question may again be heard to offer explanation of some material part of the Member’s speech which has been misunderstood, but must not introduce new matter. Mrs. Shebesh simply sought the Mover to explain and it is permitted by the Standing Orders. Does anybody else want to contribute?"
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. I want to thank you for bringing this to my attention. Indeed, it is talking about being misunderstood. Mrs. Shebesh asked for clarifications. Secondly, the same Standing Order No.74 (2) also says that:- “The mover of a substantive Motion may surrender all or part of his or her right to reply to another Member---” So, all I was asking is: It is possible for the Chair to delegate to the rest of the Members of the Committee? He is not alone in the Committee."
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"speaker_name": "Mr. Njuguna",
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"legal_name": "Peter Njuguna Gitau",
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"content": "Mr. Temporary Deputy Speaker, Sir, I also rise to support the good work that has been done by the Committee. Let me indicate that the Committee has done a sterling job. In addition, Kenyans in this Report are highly experienced, highly qualified and have given meritorious service locally and internationally. For example, Jacqueline Mugo is the current CEO of FKE. That is a key position in that organization and being a lady in this country, she is challenging all the men among 40 million Kenyans. That lady has already distinguished herself in terms of performance. We cannot forget the good role that has been played by Oloo-Aringo in this House. Mr. Temporary Deputy Speaker, Sir, it is high time that we set up the Salaries and Remuneration Commission so that the issue of salaries can be addressed once and for all. With those few remarks, I fully support this Report."
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"type": "speech",
"speaker_name": "Mr. Midiwo",
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"speaker": {
"id": 184,
"legal_name": "Washington Jakoyo Midiwo",
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"content": "Mr. Temporary Deputy Speaker, Sir, I rise to support the Report and thank the Committee for doing a lot of work. I belong to that Committee. The Committee became so busy and did a good job. Mr. Temporary Deputy Speaker, Sir, I want to urge this House to support this Report so that, as my colleague has said, we get the resolution to constant complaints about salaries. We hope that the Commission will adhere to the law as passed by this House. We hope it will follow the rules of the game and not act in haste. But it should act with speed so that Kenyans can stop being angry at the Government. Mr. Temporary Deputy Speaker, Sir, however, I want to move an amendment to the Report. There is a name which has been left out. That is the name of Mr. Isaiah Kubai. Let me declare that I do not know the person, but I think the reasons do not belong to this Parliament. The Constitution recognizes COTU as the umbrella body of trade unions. Therefore, no other body should come to say that it was not consulted. It is not our business to participate in those consultations. What we wanted is to get a nominee as required by the law. Therefore, I want to move that the Motion be amended as follows:- By inserting the following words at the end thereof, “subject to deletion of the second paragraph on page 22 of the Report” and adding the name “Mr. Isaiah Kubai” immediately after the name “Titus Ndambuki, CBS”. I want to ask Dr. Bonnie Khalwale to second my amendment."
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"type": "speech",
"speaker_name": "Dr. Khalwale",
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"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
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"content": "Mr. Temporary Deputy Speaker, Sir, I rise to support that amendment. As I support the amendment, allow me to congratulate the Chair, Mr. Okemo and his colleagues for working tirelessly to ensure that this most important Commission is put in place. It is sad that doctors, teachers, matatu workers and everybody want to strike in order to get better remuneration. We hope that today, we are conclusively going to ensure that, that does not happen. That is why I say that this Parliament must be brave. It should not be held back and leave out only one name. We should ensure that we give a full list of the members and make sure that the Motion as amended is approved. Mr. Temporary Deputy Speaker, Sir, I say that with the conviction that when COTU proceeded to recommend the name of Kubai, it did that in accordance with Article 230(2)(1) of the Constitution. Mr. Temporary Deputy Speaker, Sir, in so doing, COTU behaved constitutionally. So, if we are really a Constitution implementing organ, we cannot go against a body like COTU which proceeded constitutionally and reject or delay the appointment of his name. I am aware that in this Report, which I have read, the Chairman and his Committee are telling us that other trade unions namely; KUPPET and university non-teaching staff union are claiming that COTU does not represent them. In the same Report, the same two groups are telling Parliament that they are not part of COTU because COTU represents the private sector and they belong to the public sector. We cannot, as Parliament, be expected to midwife sibling rivalry between trade unions. If these trade unions that belong to the public sector do not recognize COTU and they have conceded in this Report that they have sought registration for their own umbrella and they have not been given, were they expecting Parliament to wait for them until the time they will get registered? Parliament cannot anticipate what the Registrar of Societies will do and even if it could, Parliament cannot be forced to wait. Parliament does not wait for anybody. We have the full mandate. We should allow Kubai to make the list and respect COTU because it does a wonderful job for this country."
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"content": "(Question, that the words to be added be added, proposed)"
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"type": "speech",
"speaker_name": "Mr. Ethuro",
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"id": 158,
"legal_name": "Ekwee David Ethuro",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. I applaud your wisdom in delaying my contribution until the amendment has been moved because I want to support it. First, I want to congratulate the Chair and the Committee for a good job and for taking the trouble of ensuring that the names that came before them were vetted. They were just a bit shy about the name of Mr. Isaiah Kubai. There is a good reason and I know that the Committee wanted a fair opportunity for everybody. However, we cannot allow this House to wait for the complaints that are being raised by other offices. For example, they went to court for judicial review which they have not been granted. They made an application that they wait for the outcome of the judicial review. They have gone to the Registrar and this has not been granted. This is not for us. Let them pursue those processes until they come to fruition. The KUPPET is a good professional body but the Kenya National Union of Teachers (KNUT) existed before them. Now, was KNUT supposed to wait until KUPPET becomes a professional body? The COTU, according to the Constitution is one person nominated by an umbrella body representing a trade union. So far, COTU is what we understand to be that umbrella body representing trade unions. The Constitution in Article 41, also anticipates an opportunity where every trade union should be part of the collective bargaining agreement with their employer. But we are talking about the Salaries and Remuneration Commission especially at a time like this when everybody seems to be going to the streets on the basis of the same Article 41 of the Constitution; that you have the right to fair practices and the right to go on strike. The sooner we bring this Commission to fruition the better and the amendment by Mr. Jakoyo Midiwo which was seconded by hon. Dr. Khalwale must be carried so that we do not discriminate against one individual. This House must remember that we have just celebrated, 10th December, 2011, an event that we celebrate every year. In fact, this House was invited to a workshop in Mombasa to appreciate human rights and yet we are denying one Isaiah Kubai his rights. Thank you. I beg to support."
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"speaker": null,
"content": "(Mrs. Odhiambo-Mabona stood up in her place)"
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