{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=155375","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=155373","results":[{"id":1571932,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571932/?format=json","text_counter":153,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":" Thank you, Hon. Deputy Speaker. I do not have the Order Paper. Could I get a copy?"},{"id":1571933,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571933/?format=json","text_counter":154,"type":"speech","speaker_name":"Hon. Deputy Speaker","speaker_title":"","speaker":null,"content":"Give him the Order Paper."},{"id":1571934,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571934/?format=json","text_counter":155,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":" Hon. Deputy Speaker, I beg to move that the Constitution of Kenya (Amendment) Bill (National Assembly Bill No.4 of 2025) be read a Second Time. As Members know, this Bill has been with us for the last four months. It has undergone immense public participation and contributions from Members because of its importance. It is our hope, and my hope as the Mover, that this will constitute the first amendment to the Constitution in the last 15 years. In terms of public participation, as I mentioned in this House, this Bill has seen the highest level of public engagement of any Bill or amendment in the last 15 years. A total of 224,000 persons contributed to it. It received the highest level of support at 98.5 per cent. We realised that even the 1.5 per cent who did not support it, did so out of ignorance. They thought the question was whether NG-CDF should be abolished and responded “no,” believing they were supporting it, when in fact, that counted as opposition. Nonetheless, 98.5 per cent supported it. Indeed, if it were to go to a referendum, we are persuaded that this Bill would receive overwhelming support. However, we have not found it necessary to subject it to a referendum 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":1571935,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571935/?format=json","text_counter":156,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":"because, under Article 255, it is not required, and the cost of a referendum would be unnecessary in this case. This Bill seeks to constitutionalise the issue of NG-CDF. Almost everyone has supported NG-CDF, although some have challenged it on constitutional grounds. We seek to remedy that by putting it in the Constitution so that it is beyond the constitutional question. Once we do that under Article 23, it will be beyond challenge. No one opposes the idea of NG-CDF itself but rather, the role of Members of Parliament and certain functions included in the NG-CDF Act. It is important to understand that, under the Preamble to our Constitution, the people of Kenya have the sovereign and inalienable right to determine the form of governance they desire. That form is captured in the Constitution but may be amended from time to time. We believe it is time to entrench the idea of NG-CDF in the Constitution. A Constitution is not a Bible as summarised in the Ten Commandments; it is a working document that can be adjusted and changed as the people may desire. Constitutional edits are therefore, movable and can be added to or removed. This amendment is essentially minimalist and is entrenched under Article 204, which in our opinion, is the best place to have it. It is important to clarify that this amendment applies only to matters within the exclusive jurisdiction and functions of the National Government, and not to any functions of county governments. It is also limited to monies appropriated from the national government's share of revenue as defined in the Division of Revenue Act. Those who are saying that we abolish the NG- CDF and transfer it to counties should understand that, even if NG-CDF was abolished, the funds would not go to counties and would not do those county functions. This Bill addresses three commonly raised complaints. First, it does not affect county allocations. Second, it gives no role to Members of Parliament in its implementation. Third, it does not interfere with the doctrine of separation of powers. On the matter of separation of powers, the Constitution mentions the principle only three times, and only in the context of devolution. While it is a necessary principle, it is not absolute. It can be adjusted according to national needs, and our constitutional design has already made significant adjustments. Traditionally, the Executive holds both the purse and the sword, but in Kenya, the purse has been moved to Parliament, which now determines Budget allocations. This is an adjustment of the doctrine. Additionally, although the Judiciary is traditionally mandated to interpret the law and the Constitution, we have established a Judiciary Fund to protect its financial independence. Moreover, Kenya has created constitutional commissions and independent offices that do not fall under the three traditional Arms of Government. Therefore, those who invoke the principle of separation of powers to challenge NG-CDF must explain how these other institutional arrangements conform to that same principle. All those who usually come and sing Separation of Powers in respect of NG-CDF should tell us how do these three things accord to Separation of Powers. Separation of Powers is a doctrine that was considered hundreds of years ago and cannot tie our hands in this day and age if it is necessary. However, of great importance is that the idea of NG-CDF as provided for in this Bill does not offend Separation of Powers. Hon. Deputy Speaker, it is also important to understand devolution versus decentralisation. There are those who think that because we have devolution, any decentralised funds are unconstitutional because they affect devolution. That is not so. A keen reading of Articles 6 and 10 of the Constitution require that even those functions given to the national Government need to be decentralised. That is why we have decentralised funds for roads, Women and Youth Enterprise Fund, and Uwezo Fund and no one has ever challenged any them. There can be no challenge to 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":1571936,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571936/?format=json","text_counter":157,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":"decentralisation in terms of NG-CDF as long as it is within the function of national Government as provided for in this Bill. There is a common misconception by some governors in thinking that if they kill NG-CDF, then they will get more funds to the counties to use. For now, I do not want to speak to what governors do with their funds, but I want them to understand that even if there was no NG-CDF, these funds will not go to counties but will remain at the national Government level. If they remain at the national Government level, we will go back to where we were decades ago where for any Member of Parliament to construct a toilet in a school, you will have to seek an appointment with the President to tell him: “Mr President, I need Ksh400,000 to construct a toilet in Chianda Primary School”. For all the Members of Parliament here, that will not be possible. That will take us to the centralisation of power that we are avoiding. Of greater importance, even if this money were to be given to the counties, it should be understood that it will not be used for the purposes for which NG-CDF is currently in use. In terms of education, counties are restricted to Early Childhood Development (ECD) and village polytechnics. Counties do not have the authority to construct any classroom, dormitory, laboratory, or even any fencing anywhere. Anyone opposing this should think of who then will have the responsibility of helping our primary and secondary school and universities. It should be understood that bursaries that we provide for through NG-CDF will not be given by the counties. Counties cannot give bursaries beyond ECD and village polytechnics. In fact, as we speak, there is a High Court order stopping counties from issuing any such bursaries."},{"id":1571937,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571937/?format=json","text_counter":158,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Deputy Speaker (Hon. Gladys Boss) left the Chair]"},{"id":1571938,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571938/?format=json","text_counter":159,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Hon. Martha Wangari) took the Chair]"},{"id":1571939,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571939/?format=json","text_counter":160,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":"It should also be understood that the effort we have of helping the Judiciary help Kenyans access justice by constructing courts will not be possible. As we speak, about 40 courts have been constructed through the use of NG-CDF, the first of which I am proud of, was in my Constituency, Rarieda. It should be understood that counties cannot help in the construction of police stations because the security function belongs to national Government. The idea of solarisation of energy that many constituencies have undertaken in schools will not be possible. In terms of fishing, because I come from a fishing community, we even provide for speedboats and all that through the committee, but that will now, not be possible. Of importance, is that the history of this Bill is founded on the National Dialogue Committee (NADCO). Hon. Murugara and I chaired the first phase of NADCO, while the second phase was co-chaired by the Leader of the Majority Party and Hon. Kalonzo Musyoka, expressly recommended the entrenchment of NG-CDF in the Constitution. To the extent that the NADCO Report reflects the wishes of Kenyans, we are merely agents of implementation of those wishes. It should be understood, and the Report is here that we had public participation which was immense and widespread and is encapsulated in this 500-page document by the greatest number of Kenyans who have ever participated. There is not much more to say on this except that it is in keeping with the wishes of Kenyans; it is in keeping with the doctrines of constitutionalism; it is in keeping with the desire to decentralise power in terms of what we have called imperial powers of the presidency; and in keeping with the service to our constituents in terms of representation that the National 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":1571940,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571940/?format=json","text_counter":161,"type":"speech","speaker_name":"Rarieda, ODM","speaker_title":"Hon. (Dr) Otiende Amollo","speaker":null,"content":"Government Constituency Fund (NGCF) should be entrenched. We have studiously avoided the use of the word development because some people have an issue with the idea of development. We are focusing on decentralisation of the Funds and functions. The details of how all these three Funds will be implemented will come in subsequent legislation. There is nothing unconstitutional in terms of entrenching these funds. Hon. Deputy Speaker, I wish to call upon Hon. George Murugara to second. Thank you."},{"id":1571941,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1571941/?format=json","text_counter":162,"type":"speech","speaker_name":"Hon. Martha Wangari","speaker_title":"The Temporary Speaker","speaker":null,"content":" Hon. G.G Murugara."}]}