2 Jul 2014 in National Assembly:
Hon. Speaker, for the comfort of my brother Mule, let me say that I support the amendment. I know he will be pretty comfortable with me saying making particular remarks. Let me thank you for allowing the adjournment of this particular Motion to today, so that we questioned some content in this Report. We spent most of the morning agonizing over the recommendations of this Committee. I think the Report by the Departmental Committee on Health has raised salient issues in devolution in this country. I support and agree with the first recommendation, which speaks to an agreement which was ...
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2 Jul 2014 in National Assembly:
I shared with hon. Mule that what we need to allow lies in Section 25(c) of the Intergovernmental Relations Act. If I read that particular Section, it states thus: “The principles of transfer or delegation of powers, functions and competencies shall ensure that the transfer is in accordance with the procedures set out under this Act or prescribed by regulations made under this Act.” Hon. Speaker, our research this morning and this afternoon shows that, perhaps, there are non-existent regulations that help in performing acts that are envisaged under Section 25(c). So, we need, as a Parliament, to request the ...
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2 Jul 2014 in National Assembly:
With those many remarks I support these amendments. I am only wishing that I will work with hon. Mule and his colleagues and give them more tips on how we can effect devolution of health.
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1 Jul 2014 in National Assembly:
Thank you, hon. Speaker. Before I contribute I would like your guidance. I requested to move amendments to this particular report. However, the amendments reached you late. Is it in order that you allow me to proceed with the amendments?
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1 Jul 2014 in National Assembly:
Yes, Mr. Speaker.
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1 Jul 2014 in National Assembly:
Thank you, Mr. Speaker. I am duly guided and I appreciate it. I am then constrained to oppose this particular Report. I agree with the spirit of this Report, but I disagree with its form. The Report speaks to one of the cardinal rights under the Constitution. I listened to hon. Rachel Nyamai when she was moving this Motion. She spoke to Article 43 of the Constitution, which is the right to health. She also made reference to Section 15 of the Sixth Schedule and Article 187 of the Constitution. It is true that the health sector is facing numerous ...
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1 Jul 2014 in National Assembly:
This Report does not speak anywhere about an agreement between the county government and the national Government. So, whereas it is true that we need to transfer the function from the county governments, that ought to be done procedurally. I am constrained to think that if we proceed in the manner the Report recommends then we will be comtting two constitutional violations. The first one is in the order of devolving functions slightly before the three-year period. Hon. Speaker, the second thing that Article 187 seeks to do is that transfer of functions or powers should not be prohibited by ...
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1 Jul 2014 in National Assembly:
The third recommendation is that the committee talked of the Health Policy and Health Bill being given priority. Nothing stops the committee, for example, from bringing the Health Policy and Bill. That is within their mandate; in fact, part of the Committee’s core mandate is to bring the Health Policy and Bill; if that does not take place, it ought not to be a function that needs to be recommended; actually, it is supposed to be the initiative of the Committee.
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1 Jul 2014 in National Assembly:
The second paragraph of recommendation three is where I have my problem. We cannot transfer a function of the county government in the manner that they propose. If all, for example, they want Level 3, 4 and 5 hospitals to be taken back by the national Government, that is in order, but that ought to be done in line with Article 187 of the Constitution. That is why I am saying in its current form, I am fairly constrained not to support it.
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1 Jul 2014 in National Assembly:
The fourth recommendation, which is on involvement of health workers and key stakeholders--- It is, of course, a constitutional requirement for public participation in all the things that we do, in terms of making law. That even ought not to be a recommendation in itself. The other problem I have with this particular report is the fact that the Committee is talking about drugs being procured by KEMSA and saying it is very uniform. I have no problem with whoever procures drugs; at least I do not supply drugs; but county governments have been given the power to do whatever ...
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