30 Nov 2016 in Senate:
Mr. Speaker, Sir, I congratulate the three eminent and patriotic citizens from Nyamira County for the bold step that they have taken to submit a petition to this House. I take this opportunity using the press that may be around to educate the public out there on what their rights are. Sen. Khaniri has eloquently quoted two articles of the Constitution. One of them is Article 37 which gives citizens the right to petition to public institutions. However, our Standing Order No.220(1)(a) and (b) on a submission of a petition, limits that ability to this House. It says:- (1) A ...
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29 Nov 2016 in Senate:
Thank you, Mr. Speaker, Sir. I had given a detailed answer to Sen. Wangari but this is the response:- The Fourth Schedule, Articles 185 (2), 186 (1) and 187 (2) outlines the distribution of functions between the national and county governments. The Ministry of Health has indicated that they recruit on the basis of delegated authority by the Public Service Commission. However, Article 234 (3) (d) prohibits the Public Service Commission from recruiting for the county governments while Article 235 assigns the responsibility to the county governments. The Ministry is basing its recruitment on the Fourth Schedule of the Constitution ...
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29 Nov 2016 in Senate:
Thank you, Mr. Speaker, Sir. Sen. Wangari wants to know why the national Government is still recruiting for the county governments. According to the Committee’s observations, it is totally wrong and illegal. There was a gazette notice in accordance with the Constitution and the Transition Authority (TA). Through the Gazette Notice of No.116 of August 2013, health functions were transferred to the counties. Therefore, the counties took the responsibility to all that appertains to those functions. Further, provisions of Articles 6(42) and 189 of the Constitution create compulsory obligation for one level of government not to interfere with the other ...
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29 Nov 2016 in Senate:
Mr. Speaker, Sir, I would want to totally remove the erroneous feeling that a Chairman of a Committee will speak on behalf of a Government. I am not a mouthpiece of the Government. I am the Chairperson of the Health Committee of the Senate. I, therefore, collect and collate information in order to answer your questions as it is. It may please the Government or not. While we recognise that the national Government---
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29 Nov 2016 in Senate:
Mr. Speaker, Sir, thank you for the protection. While we recognise that the national Government has constitutional responsibility to offer capacity building and technical assistance to the counties, this does not mandate the Ministry to unilaterally and without any form of consultation, proceed to recruit staff for the counties. That is the Committee’s position. This is the reason that we have an upheaval of strikes. In my attempt to answer Sen. Ndiema, I would like to say that the TA did not give enough guidelines on how the hitherto personnel employed by the national Government were to be absorbed by ...
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29 Nov 2016 in Senate:
Mr. Speaker, Sir, I have already tabled the interim audit report as demanded by the hon. Senator. Regarding the second question, the Ministry of Health has written informing us that procurement documents of 2015/2016 Financial Year mentioned in the interim audit report are with the investigative agencies. They will provide the documents to us once they are available. Mr. Speaker, Sir, I want to add that the Committee met the Cabinet Secretary and Permanent Secretary of Health on 8th November, 2016 and this promise was made. They also made a promise to provide a complete audit report to us once ...
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29 Nov 2016 in Senate:
Thank you, Mr. Speaker, Sir. I appreciate the concern of Sen. Wetangula that the answer may not have been done in the chronological order as he desired in his request. Most of those answers are found in several documents, some of which I have already tabled and I am yet to table others. All said and done, if he so wishes that I answer them in that chronology, I beg to be given that opportunity to do it the way he wants. Regarding Sen. (Dr.) Khalwale’s question, I have clearly indicated in this House that I am yet to receive ...
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29 Nov 2016 in Senate:
Mr. Speaker, Sir, while I note the urgency of the matter by Sen. Wetangula as well as your ruling, it will be difficult for me to accept what I may not achieve by tomorrow afternoon. I seek you order that I bring the answer on Thursday. This is the property of the House. If Sen. Wetangula will not be in the House on Thursday, he has the capacity to appoint someone to speak on his behalf in the House. I will answer to the House.
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29 Nov 2016 in Senate:
Mr. Speaker, Sir, Sen. Wetangula is not only the Senate Minority Leader in this House, but also one of the principals of my political coalition. This is not the first time he has exhibited this kind of character by using lots of words to insult Members in this House. Would I be in order to demand that Sen. Wetangula explains what he meant? Secondly, he should profusely apologize to me and to my political party and withdraw the remarks.
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29 Nov 2016 in Senate:
On a point of order, Speaker, Sir. Sen. Wetangula has confirmed to this House that he will not be available on Thursday. Therefore, he will not be in a position to receive your wrath. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
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