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June 16, 2009 PARLIAMENTARY DEBATES 1287
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NATIONAL ASSEMBLY
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OFFICIAL REPORT
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Tuesday, 16th June 2009
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The House met at 2.30 p.m.
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[Mr. Deputy Speaker in the Chair]
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PRAYERS
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QUESTIONS BY PRIVATE NOTICE
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JUSTIFICATION FOR KENYAâS LARGE DELEGATION TO GENEVA UN MEETING
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Kiema Kilonzo
Mr. Deputy Speaker, Sir, I beg to ask the Minister for Justice, National Cohesion and Constitutional Affairs the following Question by Private Notice. (a) Could the Minister justify the sending of a large delegation, including five Cabinet Ministers, to Geneva ostensibly to articulate the Coalition Governmentâs position on Prof. Philip Alstonâs Report at the UN? (b) What was the composition of the entire delegation as well as the total cost of the trip to the Government? (c) Could the Minister consider instituting measures to recover the expenses incurred by the Ministers for Lands and East African Community, whose inclusion in the trip was not necessary?
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Luka Kipkorir Kigen
(The Assistant Minister for Justice, National Cohesion and Constitutional Affairs)
Mr. Deputy Speaker, Sir, I would like to seek your guidance. When this Question came to our notice, we realized that the issues raised relate to the Ministry of Foreign Affairs or the Office of the President. The leader of the delegation to Geneva was the Minister of State for Provincial Administration and Internal Security. So, we have written to the Clerk of the National Assembly so that this Question could be directed to the right Ministry.
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Mr. Deputy Speaker
Order! The practice is that when a Question is forwarded to you and you are convinced that it applies to another Ministry and not yours, you forward it to the relevant Ministry and then copy that forwarding letter to the Clerkâs Office. Have you complied with that?
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Luka Kipkorir Kigen
(The Assistant Minister for Justice, National Cohesion and Constitutional Affairs)
Mr. Deputy Speaker, Sir, we did so. We notified the other Ministry and also gave the letter to the Clerk.
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Kiema Kilonzo
Mr. Deputy Speaker, Sir, this is yet another demonstration of a Coalition Government which is pulling apart and which does not know what it is doing. It is unable to resolve its problems here and it goes all the way to Geneva to wash its dirty linen in the international public.
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June 16, 2009 PARLIAMENTARY DEBATES 1288
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This Question was on the Order Paper last week and it was directed to the Ministry of Finance. It was agreed that it is going to be answered today. Is it in order for the same Question to come back to the House and directed to another Ministry? The Assistant Minister for that Ministry has told us that the Question does not fall under his docket! For how long will Kenyans be treated like this by this Coalition Government? If the Government cannot work, could the Ministers resign, so that we can go back to general elections?
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Danson Mungatana
On a point of order, Mr. Deputy Speaker, Sir. The other issue that arises from this matter is that the Speaker actually directed that the Minister should come with an answer today. In fact, the only reason why the Deputy Prime Minister and Minister for Finance was excused was because it was a Budget week. Hon. Members are prepared to have this Question this week. Members of the public want to know what happened in Geneva. Why was everyone paid so much money and how was the money accounted for? Why is the Government running away from answering the Question?
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Luka Kipkorir Kigen
(The Assistant Minister for Justice, National Cohesion and Constitutional Affairs)
Mr. Deputy Speaker, Sir, I would like to agree with my colleagues that we should not be seen as if we, as the Government, are evading to answer the Question. Now that we have we have directed the Question to the relevant Ministry, perhaps, the Chair should give direction as to the next date when this Question should be answered. Otherwise, I want to very sincerely apologize to my colleagues. Our concerns are really genuine.
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Mr. Deputy Speaker
Which Ministry did you forward this Question to?
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Luka Kipkorir Kigen
(The Assistant Minister for Justice, National Cohesion and Constitutional Affairs)
Mr. Deputy Speaker, Sir, we forwarded the Question to the Ministry of Foreign Affairs.
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Mr. Deputy Speaker
What was the direction of the Chair on that material day?
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Kiema Kilonzo
Mr. Deputy Speaker, Sir, the direction of the Chair on that material day was that this Question will be answered by the Deputy Prime Minister and Minister for Finance. The only reason why the Question was deferred was because it was a Budget week and according to our tradition, during the Budget week, the Deputy Prime Minister and Minister for Finance does not answer any Question. At that point in time, there was no indication, whatsoever, that this Question will be re-directed to another Ministry.
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Mr. Deputy Speaker
In view of the fact that we do not have the Leader of Government Business in the House---
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An hon. Member
Hon. Midiwo is here!
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Mr. Deputy Speaker
Hon. Midiwo cannot play that substantive role, or hon. Thuo for that matter, to make an undertaking on behalf of the Government. That is because they are not Members of the Government. They do not sit in the Cabinet. This is a case of an extreme application of the ruling from the Chair, which means that when a Ministry does not feel that it is the right Ministry to deal with a Question, it should forward the Question to the relevant Ministry and copy the forwarding letter to the Clerk of the National Assembly. I am made to understand that this Question was initially directed to the Ministry of Foreign Affairs, which then proceeded and said that the Question has financial implications and should be directed to the Ministry of Finance. Indeed, the Ministry of
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June 16, 2009 PARLIAMENTARY DEBATES 1289
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Finance proceeded and forwarded the same Question to the Ministry of Justice, National Cohesion and Constitutional Affairs. I can see the wisdom is basically from the fact that this matter has something to do with justice. It relates to Prof. Philip Alstonâs Report to the UN. Could a senior Minister of the Government give a firm undertaking on this and a definitive date when this Question is going to be answered?
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Yusuf Haji
(The Minister of State for Defence)
Mr. Deputy Speaker, Sir, first of all, I am very happy to be a senior Minister. Secondly, I undertake to convey the message to the relevant Ministry, so that an answer could be given. I will consult all of them, so that we can get an answer to the Question.
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Isaac Mulatya Muoki
On a point of order, Mr. Deputy Speaker, Sir. I am really concerned because this Question was before the House last week and it was directed to the Office of the Deputy Prime Minister and Minister for Finance. It was re-directed to the Ministry of Justice, National Cohesion and Constitutional Affairs. It has now been further directed to the Ministry of Foreign Affairs. We have not been told whether the Ministry of Foreign Affairs has agreed to tackle this Question. So, we need to have an assurance as to whether when this Question comes to the House next week, it will be answered by the Minister for Foreign Affairs. If the Government is not sure, then it should re-direct the Question to the Prime Minister, so that this Question can be disposed of next week.
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Franklin Mithika Linturi
On a point of order, Mr. Deputy Speaker, Sir. We are all aware of the sensitivity of Prof. Philip Alstonâs Report. In this regard, would I be in order to ask the senior Cabinet Minister present in this House this afternoon to indicate which Ministry this Question will be re-directed to? In my view, this Question cuts across the Ministry of State for Provincial Administration and Internal Security, Ministry of Finance and Ministry of Foreign Affairs. Instead of this Question being tossed from one Ministry to another, it should be referred to the Prime Minister.
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Mr. Deputy Speaker
You have made your point. The Assistant Minister for Foreign Affairs, are you inclined to take a position on this? Proceed, and give us the way forward!
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Richard Onyonka
(The Assistant Minister for Foreign Affairs)
Mr. Deputy Speaker, Sir, I assure my colleague that the answer will be available to the House before Thursday next week by the Ministry of Foreign Affairs.
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Mr. Deputy Speaker
That is now an undertaking of the Government. You are doing it on behalf of the Government.
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Richard Onyonka
(The Assistant Minister for Foreign Affairs)
Mr. Deputy Speaker, Sir, I assure you.
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Franklin Mithika Linturi
On a point of order, Mr. Deputy Speaker, Sir. First of all, this Question was directed to the Ministry of Foreign Affairs, but it was returned. You have just indicated to the House that a senior Cabinet Minister gives an undertaking. Is it in order for a âjuniorâ Minister to contradict his senior Cabinet Minister?
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Richard Onyonka
(The Assistant Minister for Foreign Affairs)
Mr. Deputy Speaker, Sir, if my colleague, Mr. Linturi, would look at the Constitution, he will see that a Minister is a Minister.
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Kiema Kilonzo
On a point of order, Mr. Deputy Speaker, Sir. I think the substantive point here is lost. Clearly, this Question first went to the Ministry of Foreign
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Affairs. However, they were unable to answer it, hence, they sent it to the Ministry of Finance. From the Ministry of Finance, the Question was tossed back to the Ministry of Justice, National Cohesion and Constitutional Affairs. If it was tossed initially from the Ministry of Foreign Affairs, is it in order for the good Assistant Minister of Foreign Affairs to come back and say that he is undertaking to bring an answer yet, the Ministry said it was not within its docket?
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Richard Onyonka
(The Assistant Minister for Foreign Affairs)
Mr. Deputy Speaker, Sir, we had to consult. That is why the Ministry for Justice, National Cohesion and Constitutional Affairs has to make a reference back to us. I can assure you that we have got the information from the Ministry of Finance. We will give you the answer you require on Thursday.
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Mr. Deputy Speaker
Mr. Haji, having taken a position on this, does your position conform to what the Assistant Minister said because you sit in the Cabinet! The hon. Assistant Minister does not sit in the Cabinet. The Government has got the collective responsibility.
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Yusuf Haji
(The Minister of State for Defence)
Mr. Deputy Speaker, Sir, in the first place, Questions are not send to the Cabinet. Secondly, I and the Assistant Minister here, have undertaken to given an answer on Thursday. All you want is an answer. The answer will be given on Thursday as has been stated.
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Mr. Deputy Speaker
Indeed, you will have the Statement and we will know at that time. The Question will appear on the Order Paper on Thursday afternoon. It is so ordered.
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Mr. Deputy Speaker
Next Question, Mr. Nyamai.
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(Question deferred)
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GOVERNMENT ASSISTANCE TO KENYAN STUDENTS ON SCHOLARSHIP IN RUSSIAN UNIVERSITIES
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Charles Nyamai
Mr. Deputy Speaker, Sir, I beg to ask the Minister for Higher Education, Science and Technology the following Question by Private Notice. (a) Is the Minister aware that Kenyan students on scholarship in Russian universities are about to be sent home as a result of economic difficulties facing their sponsor, M/s Universal Education Trust Fund? (b) Could the Government step in and assist the affected students, so that they can continue with their studies?
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Lucas Kipkosgei Chepkitony
(The Minister for Higher Education, Science and Technology)
Mr. Deputy Speaker, Sir, I beg to reply. (a) I am aware of the problems being experienced by Kenyan students in Russia under the Universal Education Trust Fund. (b) I wish to inform the hon. Member that I have written to the Treasury seeking financial support for these students since the sponsor has indicated inability to continue with their commitment. Secondly, 65 of the said students have now been offered places in our local universities under the Joint Admissions Board. They, therefore, have an option to come back here and take up those places. In case they do so, they will benefit from the Higher
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June 16, 2009 PARLIAMENTARY DEBATES 1291
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Education Loans Board (HELB). In the meantime, we continue to explore ways and means of solving that problem.
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Charles Nyamai
Mr. Deputy Speaker, Sir, I would like to thank the Minister for the answer. However, you realize that when these students left this country, they were going to study. All they expected and even their parents expected that they would come back having got their degrees; now we want them to come back. The Minister says they have written to Treasury seeking financial support, why can the Government not make arrangements for them to continue studying there, as you pay for them?
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Lucas Kipkosgei Chepkitony
Mr. Deputy Speaker, Sir, I would very much like to do so. However, there is the question of funding. The Ministry does not have a fund that we can delve into to sort out a problem like this. These students intended to get their degrees. We very much appreciate so and we hope they can get those degrees. As I said, in the meantime, we will continue to explore ways and means of solving the problem. If the hon. Member has an idea of where we can get funding today, we would do so. We are working very hard and that is why I have addressed my letter to the Minister for Finance, copied to the Prime Minister and the Office of the President to seek their intervention, so that the Treasury may be able to find some funding. What I can do beyond that, I wish to be informed.
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Danson Mungatana
Mr. Deputy Speaker, Sir, I want to thank the Minister for the answer that she has given us. One of the students who went to Russia on the understanding that there will be full accommodation and payment for tuition is from Garsen Constituency. The students were promised a lot of things. They were all from very poor families. Universal Education Trust Fund started with very good intentions. The students were taken to Russia and we expected them back with degrees as doctors. What will the Minister do to avoid hardship to students? What rules are there to ensure that people who come up with very good schemes and take our students on the understanding that they will be taken care of, then these students are stranded--- She says she will look for money. What measures will she take to protect our students in future, so that they are not exposed to this again? Some of them are girls.
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Lucas Kipkosgei Chepkitony
Mr. Deputy Speaker, Sir, that concern is stronger with me than most people. I would like to inform Mr. Mungatana that as a matter of fact I have met with the officials of this Trust. Their intentions were very good. However, in this country, we do not have a law to stop a student from accepting a scholarship. Their intentions were very noble. They intended to see these students through. Once they realized that they were unable to see them through due to the current economic problems, either here or outside-- - Indeed, they came through the front door; that is the Ministry of Higher Education, Science and Technology. I met with them. For hours, we tried to explore ways and means of getting any funding for them to continue with the programme, especially as their businesses appeared to have suffered. We were unable to go any further than just discussing with them. This is why from the Governmentâs point of view, I undertook to try and look for funding. In trying to get these offers at the University of Nairobi, it was in case the worst came to the worst, then they would have a place to get their education and not fall through the net altogether and be ignored.
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Lucas Kipkosgei Chepkitony
Hon. Members will notice I have not said that it is not our responsibility because we did not send them. It is our responsibility because these are our children. When they were offered the scholarships we were satisfied that these scholarships were genuine, and
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they were. However, there are problems. We are trying the best we can to see that we get funding for them. However, as for the future, this is a lesson for parents as much as it is for the Ministry of Higher Education. In future, we will then have to require that whoever is sponsoring a student that we know about has the funding to see that student through their programmes.
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Abdirahman Ali Hassan
Mr Deputy Speaker, Sir, I want to thank the Minister for the very good action she has taken in terms of guaranteeing the students places locally, if they do come back. However, as much as we appreciate that she has written to the Treasury, the Budget was just read on Thursday, last week. It is easy to tell if there is a likelihood of these students getting any help. There are quite a number of students in foreign universities and the Ministry has been giving them something small. Is it possible that other students who are being given a little amount of money from the Ministry can continue to enjoy the little they get? As a matter of priority, some amount of money should be allocated to help these students you talked about and the others that are already out there due to lack of fees.
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Lucas Kipkosgei Chepkitony
Mr. Deputy Speaker, Sir, I made reference to writing to the Minister for Finance, being well aware that the Budget was read. However, the way the Government finances work, if I understand it, at the beginning of the financial year, there is always a possibility to reallocate. I cannot go further than that without trying to engage the Minister for Finance. As I said, I have put it at the centre of things that have to be sorted out by coping to the political bosses. Our intention in the Ministry is to see whatever we can do, including reallocating whatever we have to these students. For me to stand here and say that this will, therefore, take care of every student outside Kenya would be lie. This is because we are only as good as the finances we have.
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Peter Njuguna Gitau
Thank you Mr. Deputy Speaker, Sir, for the chance you have given me to ask one question. As we thank the Minister for ably answering this Question, I would like her to indicate what measures have been taken by the Ministry against the Universal Education Trust Fund (UETF) not to continue recruiting other students so that they are not put under the current predicament.
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Lucas Kipkosgei Chepkitony
Mr. Deputy Speaker, Sir, as I already said the UETF had good intentions. When they found out that they could no longer carry out their mandate, they came to the Ministry of Higher Education, Science and Technology. We discussed and they gave us evidence as to why they could no longer raise that money. I could therefore, not doubt what they said. It is now possible for us, having seen this, to try in future and avoid similar situations. However, understand that people who sponsor students directly do not come to the Ministry to tell us. These people actually consulted the Ministry of Education, which at that time included the Ministry of Higher Education. They did not do this in the dark. Their intentions were noble and when they could no longer support those students, they came to tell us. That is why we are working very hard to resolve this one issue.
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Mr. Deputy Speaker
Mr. Nyamai, last question!
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Charles Nyamai
Mr. Deputy Speaker, Sir, the reason the UEFT cannot continue sponsoring these students is the economic melt down. Could the Minister confirm whether there are other organizations which have sponsored students and are going through the same problems? I believe this is not the only sponsor we have in the country.
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June 16, 2009 PARLIAMENTARY DEBATES 1293 Dr. Kosgei
Mr. Deputy Speaker, Sir, the hon. Member may have better information than I have. I can only deal with the information that lands on my desk. What has landed on my desk is this particular Trust Fund. I am aware that there are students who are constantly sponsored. I was sponsored privately myself. However, as for any problems they might have, they have not come to us. Nobody has come to complain to us at the moment. Therefore, I do not want to anticipate, but when they show up, we will know how to handle it.
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Mr. Deputy Speaker
Next Question!
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KILLING OF MR. J. GACHAU BY MAKONGENI POLICE
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James Maina Kamau
Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Under what circumstances did police at Makongeni Police Station shoot to death Mr. James Njuguna Gachau on 21st May, 2009? (b) Could the Minister provide an update on the investigations into the killing, the identity of the killer(s) and when the killer(s) will be arrested and charged in court?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, I beg to reply. (a) Mr. James Njuguna Gachau, was gunned down during an exchange of fire involving the police and the gangsters within Makongeni Estate. The deceased was driving a vehicle with no registration number in the company of other notorious criminals who defied police signal to stop when they were intercepted. (b)The Inquest File No.B/2009 was opened following the shooting and the same will be forwarded to the Attorney-General for perusal and advice, once investigations are complete.
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James Maina Kamau
Mr. Deputy Speaker, Sir, I would like to thank the Assistant Minister for trying to answer this Question. However, what he has given is just a short meandering answer which is not correct. Am I in order to say the Assistant Minister is lying to this House? This gentleman is an innocent person who earns his living by driving a taxi. He drove to Makongeni and he was shot six times by a police officer. If he claims the gentleman was a criminal, how comes the bullets entered through the forehead and not the back? If someone is running away, the bullets would definitely enter through the back. However, all these bullets entered through the forehead of this gentleman.
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Joshua Ojode
Mr. Deputy Speaker, Sir, I think the hon. Member might not be privy to the information we have. Let me just give him the background of what happened. On the 21st May, 2009 at about 7.00 p.m. the deceased, James Njuguna Gachau, in the company of one George Ogola alias Bibo or Obobo, attended a funeral committee meeting for a known gangster by the name Vietnam which was taking place within Makongeni Estate Block 2, Door 62. The meeting ended at around 8.00 p.m. The deceased left the funeral meeting driving an unregistered motor vehicle chassis No.WHR69E9001779, Isuzu Van which was white in colour. He was accompanied by other mourners, amongst them George Ogola, whom I have mentioned.
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Mr. Deputy Speaker, Sir, after a short while, the gang accosted one Vitalis Juma, a resident of Makongeni, whom they forced into the van. They robbed him of a Nokia 110 mobile phone and cash to the tune of Kshs1, 000. They then pushed the victim out of the moving motor vehicle and drove off. On being challenged to stop they began shooting at the police who opened fire in return, killing the driver on the spot. The other two members of the gang managed to escape while shooting indiscriminately. Mr. Deputy Speaker, Sir, the suspectâs motor vehicle was towed to the station and an inquest file was opened. George Oduor Ogolla who was in the company of James Njuguna Gachau had in 2007 been arrested for the offence of robbery with violence and charged jointly with another vide police criminal case No.133/10/2007, Court File No.1445/07. In this case, they had robbed one Alphonse Oduor Kâaloo of a Nokia 2600 mobile phone valued at Kshs7, 449. It is not clear how the suspects were released from the prison remand since the case is still pending before the court. Mr. Deputy Speaker, Sir, for the benefit of my colleague, I have the Charge Sheet of Mr. Kâaloo. He can go through it. I wish to table it for his benefit.
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(Mr. Ojode laid the document on the Table)
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James Maina Kamau
On a point of order, Mr. Deputy Speaker, Sir. Whatever the Assistant Minister is producing here has nothing to do with the late Mr. Njuguna. He cannot come here and tell us a totally different story.
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Bonny Khalwale
Mr. Deputy Speaker, Sir, I have had an opportunity to look at the postmortem report in this particular case mainly because the deceased was a brother of a medical colleague of mine. I am surprised that when you look at the points of entry and exit of the bullets, it is clear that this person was on his knees when he was being shot. At the same time, I am aware the doctor who did the postmortem recovered the bullets. If the bullet was recovered, it means it was taken to the ballistic experts and they are able to identify the gun that was used to shoot this young man. Why have you not arrested that officer? Secondly, why did that officer have to shoot a youth who was already on his knees trying to beg for mercy?
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Joshua Ojode
Mr. Deputy Speaker, Sir, investigations are still ongoing. We have very good leads. We will definitely zero in on the person who killed this particular person.
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John Olago Aluoch
On a point of order, Mr. Deputy Speaker, Sir. You heard the hon. Assistant Minister say that the police have closed their file and recommended to the Attorney-General to take action. He cannot come to the House and tell us that the matter is still under investigations.
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Joshua Ojode
Mr. Deputy Speaker, Sir, the reason why we are still waiting for the Attorney-General to give us the way forward is because under normal circumstances, in cases like this one, investigations continue and after investigations are through, we take the file to the Attorney-General for further instructions.
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Mr. Deputy Speaker
Are you satisfied, Dr. Nuh?
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Nuh Nassir Abdi
Yes.
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Joshua Ojode
Mr. Deputy Speaker, Sir, the Inquest File No.3/2009 was opened following the shooting and the same is supposed to be forwarded to the Attorney-General for advice once investigations are over. That is what I said.
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June 16, 2009 PARLIAMENTARY DEBATES 1295 Mr. Deputy Speaker
Yes, hon. Member for Ainamoi!
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Mr. Langat
Thank you, Mr. Deputy Speaker, Sir. The Assistant Minister has said that the deceased was a suspect. Could he quote the section of our law that gives the police power to shoot suspects?
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Joshua Ojode
Mr. Deputy Speaker, Sir, once the police stopped this unregistered vehicle, the driver refused to stop. Instead they started shooting the police officers and the driver was shot dead during the exchange of fire.
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Mr. Langat
On a point of order, Mr. Deputy Speaker, Sir. I have asked the Assistant Minister to quote the section of the law that gives the police power to shoot suspects.
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Joshua Ojode
Mr. Deputy Speaker, Sir, any criminal who is stopped by the police and disregards the police signal and instead starts firing at the police officers--- There is nothing police officers could have done except to return fire. I have told my colleagues that police officers are also human beings.
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James Maina Kamau
At what point did he become a criminal?
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Mr. Deputy Speaker
Hon. J.Maina Kamau, the House is run on the basis of rules. This is the National Assembly of Kenya. You have to catch the Speakerâs eye before you contribute.
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Bonny Khalwale
On a point of order, Mr. Deputy Speaker, Sir. The Assistant Minister is not being fair to the family of the deceased and to this House. He is telling us in his initial response that the reason why police opened gun fire is because the youths were shouting at them. He is now telling us that they were shooting in self-defence. Is he in order to mislead us?
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Joshua Ojode
Mr. Deputy Speaker, Sir, I said, categorically that when the police signaled these people to stop, they refused. Instead they started firing at the police. That particular van was also carrying some of the known criminals and I have even given evidence. What else do you want me to do?
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James Maina Kamau
Mr. Deputy Speaker, Sir, I am not surprised by the answer that has been given by the Assistant Minister because what I am hearing from him is the usual answer that is given by the police, that someone was running away while they were armed. This gentleman was not armed. I do not know why it was necessary to pump bullets into a defenseless person instead of arresting him and taking him to a police station, which was just 10 meters away. Could he give us the true story?
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Joshua Ojode
Mr. Deputy Speaker, Sir, he is right that this is the usual story that we give because we also meet these usual incidences! He is very right.
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(Laughter)
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Mr. Deputy Speaker
Next Question, Mr. Ombui!
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KILLING OF MR. SAMSON NYANUMBA
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Wilfred Moriasi Ombui
Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice.
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(a) Under what circumstances was Samson Mincha Nyanumba shot dead on 22nd May, 2009; what time was he shot, how many bullets were used and what part of his body was shot? (b) Whether he has identified the people who removed the body from the mortuary, the time it was removed and the particulars of the person who booked the matter in the occurrence book (OB) as well at the time of the booking? (c) What is the status of the investigations into the killing; and has any culprit been arrested for the crime?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, I beg to reply. (a) Mr. Samson Nyanumba Mincha was shot under unclear circumstances on 22nd May, 2009, at about 6.45 p.m. by four unknown assailants who were in civilian clothes. Three of them were armed with pistols while walking along Tom Mboya Street-Latema Junction. That is next to Odeon Cinema. The assailants disappeared after the shooting. The deceased was shot with a single bullet on the forehead. (b) The deceased was taken to Kenyatta National Hospital by two good samaritans namely; Mrs. Ashley Mutinda of P.O. Box 6586-00100 Nairobi, and another lady by the name Kate at about 6.50 p.m., where he was confirmed dead on arrival. The hospital staff then moved the body to the hospital mortuary. The incidence was booked at the Central Police Station occurrence book No.128 of 22nd May, 2009 by a police officer; Pc Oremo Ombui attached to Traffic Police Department, Kabete No.35281 at 9.30 p.m. The officer claimed that he was informed through phone by a Mr. Ben Mobisa. (c) The police commenced investigations immediately and thereafter and an inquest file was opened to that effect; Ref.CID Central No.5/2009. Several witnesses have recorded statements but so far no one has been arrested in connection with the killing and investigations are still going on. Thank you.
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Wilfred Moriasi Ombui
Mr. Deputy Speaker, Sir, I take this time to thank the Assistant Minister for the answer he has given although he is trying to imply that the late was looked after by the relatives. How many suspects have been arrested and arraigned in court because he has clearly indicated that they were four and three had pistols?
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Joshua Ojode
Mr. Deputy Speaker, Sir, I said that we are zeroing in on four suspects and we have very good leads. Sooner or later, I will update the Questioner on how many suspects have so far been arrested.
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Wilfred Moriasi Ombui
Mr. Deputy Speaker, Sir, the Assistant Minister is not very clear on this issue. On this particular day, there was a fracas in town between police officers and the hawkers. It is during this time that this young man was killed. Could the Assistant Minister tell us how he got to know that there were four assailants and why they have not been arrested?
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Joshua Ojode
Mr. Deputy Speaker, Sir, once investigations are being carried, we get very good leads as I had mentioned. I believe those four will be arrested. Within two weeks or so, we will definitely zero in on those who killed this young man.
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Mr. Deputy Speaker
Next Question, Mr. Lessonet!
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KILLING OF PEOPLE ALONG NAKURU-ELDORET HIGHWAY
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June 16, 2009 PARLIAMENTARY DEBATES 1297 Mr. Lessonet
Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice. (a) Under what circumstances was a man hacked to death near Makutano area along Nakuru-Eldoret Highway in Koibatek District and later another slashed on the face in the forest near Makutano area on or around 5th June, 2009, respectively? (b) Why have the police not arrested the culprits? (c) What measures is the Minister taking to ensure that events similar to the post-election violence do not recur?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, I beg to reply. (a) On 5th June, 2009, at about 11.50 p.m., within Blue Farm, a resident by the name Kagwe Kangâethe, aged 60 years, was in his house when he heard some movements outside the house. He went to find out what was happening. When he opened the door he saw somebody running away. He challenged him to stop but he did not do so. He raised the alarm and neighbours responded immediately. The suspect took refuge in the home of Anne Wanjiku where the mob caught up with him. When he was unable to explain his mission in the area, he was beaten to death by the mob. The matter was reported to the police and investigations commenced. The body is lying at the Nakuru Mortuary, awaiting postmortem and identification. Police Inquest File No.9/09 was opened and the same will be forwarded to the Attorney-General for perusal and advice once investigations are complete. Again, on 8th June, 2009, at about 5 p.m., Mr. John Wanjihia, aged 58 years was sourcing for fencing posts for his homestead in a forest within Blue Area when he was confronted by a group of eight men who ordered him to leave the forest immediately. The men were strangers to him and in the process he was hit twice with a rungu on the forehead and at the back. He was treated at Eldama Ravine District Hospital and subsequently discharged. The matter was reported at the police station and Police Criminal Case File No.871/130/09 was opened. The case is under investigation. (b) In the first incident, the body of the deceased is still lying at the Nakuru Mortuary awaiting postmortem and identification. The deceasedâs fingerprints have been forwarded to the National Registration Bureau for identification. Once investigations are complete, the file will be forwarded to the Attorney-General for advice. However, any person suspected to have been involved in this crime will be charged accordingly. Regarding the second attack, Police Criminal Case File No.871/130/09 - face assault, was opened. Once the culprits are traced and arrested they will be charged accordingly. (c) These are isolated incidents which are not related to post-election violence at all. However, security has been beefed up with increased mobile and foot patrols on a 24- hour-basis within that area.
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Moses Lessonet
Mr. Deputy Speaker, Sir, I am really surprised by the kind of answer the Assistant Minister has brought to this House. When you look at the face value of his answer you will very well appreciate that he actually knows the perpetrators of the two incidents. According to the Assistant Ministerâs answer, he actually knows those who carried out the murder. Likewise, he knows those that attacked the other man in the
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forest. I am surprised why the Assistant Minister has not made arrests because he knows the suspects!
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Joshua Ojode
Mr. Deputy Speaker, Sir, I would be very glad to get the information from the Questioner, in order for us to speed up investigations and arrest the suspects straight away. I request him to whisper to me just the names of the culprits and I will arrest them immediately. I am a very serious Assistant Minister. I will arrest them immediately.
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Mr. Deputy Speaker
Last question, Mr. Lessonet!
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Moses Lessonet
Mr. Deputy Speaker, Sir, the Assistant Minister has indicated to us the man who was murdered took refuge in the home of Anne Wanjiku, who purportedly alerted a mob which killed him. I am still surprised because this did not happen in Tom Mboya Street, but a farm where people know almost everybody living within 100 kilometers. Did the police record a statement from Anne Wanjiku? She should have told the police the people who killed the man. On part âbâ of the Question, is it not a fact that the only people who can order you out of a forest are forest guards? Therefore, is it not possible that the forest guards were the ones who attacked the second man? On part âcâ of the Question, there is no way the Assistant Minister can call murder an âisolated caseâ. Somebody has died and yet, the Assistant Minister is calling it an âisolated caseâ. How many must die so that he can be more serious?
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Joshua Ojode
Mr. Deputy Speaker, Sir, first of all, I said that it is an isolated case, because it is just one out of very many cases which have been happening. However, it is quite unfortunate that it was a murder case. I plead with my colleague that once we leave the Chamber, he whispers to me the names of the culprits, so that I can order for their arrest immediately. This is because we do not know the mission of the killing to date.
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Moses Lessonet
On a point of order, Mr. Deputy Speaker, Sir. There is no way the Assistant Minister can expect me to whisper to him what he is supposed to do. From his answer, he knows those who committed the murder. Why has he not made arrests?
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Joshua Ojode
Mr. Deputy Speaker, Sir, maybe the hon. Member is talking about a different answer or we are not reading from the same script. I have said that investigations are on-going. That is why I have requested him to also whisper to me the names of the suspects so that I can confirm whether that the police officers have are in tandem with what he has. I will try and assist the hon. Member.
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Mr. Deputy Speaker
Order, hon. Members! Today we have the Committee of Ways and Means which should start not later than 3.30 p.m. and we still have a Ministerial Statement to be sought. Under the circumstances, Question No.204, by Mr. Baiya; Question No.013, by hon. Dr. Otichilo; Question No.064, by Dr. Kones; Question No.174 by Mr. Kioni; Question No.211, by Mr. Were and Question No.225, by Dr. Monda should appear on the Order Paper tomorrow morning and in the afternoon.
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ORAL ANSWERS TO QUESTIONS
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Question No.204
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DETENTION OF MILK DELIVERY
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LORRIES IN GITHUNGURI
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(Question deferred)
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Question No.013
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COMPLETION OF LUANDA TOWN BUS PARK
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(Question deferred)
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Question No.064
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CONSTRUCTION OF EMBOMOS-KURESOI ROAD
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(Question deferred)
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Question No.174
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NON-IMPLEMENTATION OF FIVE PHASES OF GOVERNMENT/KNUT AGREEMENT
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(Question deferred)
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Question No.211
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LIST OF OFFICERS IN POST OF CONTROLLER /AUDITOR-GENERAL SINCE 1963
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(Question deferred)
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Question No.225
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CAUSES OF LONG BREAK FOR STUDENTS AT MASINDE MULIRO UNIVERSITY
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(Question deferred)
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Mr. Deputy Speaker
Hon. Members, Mr. Lekuton would like to seek a Ministerial Statement. Proceed Mr. Lekuton!
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POINT OF ORDER
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KILLING OF BOY BY UNEXPLODED ORDINANCE IN SAMBURU
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Joseph Lemasolai Lekuton
Mr. Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Ministry of State for Defence. Over the weekend, a 15 year-old-boy in Samburu Playground died as a result of a bomb explosion. The fatal bomb is suspected to be lying for many years underneath a field in an area used by the Kenyan and British military due to our mutual bi-lateral agreement. I would like the Minister to make some clarifications. First, what are the exact co- ordinates of the training areas in Samburu? This is because we believe that the military has gone beyond the gazetted land to train. Mr. Deputy Speaker, Sir, secondly, given that it is the responsibility of the Government to clear training grounds of unexploded ordinance after such training sessions, why has the military or the Government taken too long to clear off these areas which continue to cause loss to innocent Samburus? Thirdly, when will the Government clearly demarcate or zone Samburu military training areas between the foreign and Kenyan military, so that each military force is allocated a designated zone and can, therefore, be held fully responsible during a bomb explosion? What is the identification of military ordinance to differentiate between the Kenya Army and the British Army during the exercise? What intervention has the Government put in place to ensure that the danger zones which have not been cleared are clearly marked and recorded and the locals are fully informed of the potential dangers of the unexploded ordinance? Lastly, who is to be held responsible and what is the standard compensation for such bomb explosion to those victims?
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Mr. Deputy Speaker
Minister, could you give an undertaking on when you will have that Ministerial Statement ready?
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Joseph Nkaissery
(The Assistant Minister, Ministry of State for Defence)
Thank you, Mr. Deputy Speaker, Sir. I would like to give an undertaking that I will deliver the statement on Thursday, next week.
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Mr. Deputy Speaker
Are you happy with that, hon. Member? Thursday, next week, is when the Assistant Minister has given as an undertaking.
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Joseph Lemasolai Lekuton
Mr. Deputy Speaker, Sir, could he not give it earlier than that? Could he do so on Thursday, this week? It is important that we know what is happening, especially after a child has lost his life.
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Mr. Deputy Speaker
Hon. Assistant Minister, these are the lives of Kenyans involved. So, could you give a date earlier than that?
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Joseph Nkaissery
(The Assistant Minister, Ministry of State for Defence)
Mr. Deputy Speaker, Sir, we realize that this is a very serious matter. We have to send our officers on the ground to verify the allegation by the hon. Member. I think Thursday, next week is most appropriately.
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(Mr. Baiya stood up in his place)
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Mr. Deputy Speaker
So ordered! Order, hon. Baiya. There is a Ministerial Statement that had been sought by hon. Baiya from the Ministry of Justice, National Cohesion and Constitutional Affairs on Somali Piracy on the Kenyan Coast. The concerned Ministry did, indeed, write to Parliament to say that this matter should be
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directed to the Ministry of Foreign of Affairs and the Attorney-Generalâs Chambers, as they were involved in the negotiations and signing of memorandum of understanding on this issue. Under the circumstances, I think that Ministry is the one which is supposed to give this undertaking. Indeed, it is two Ministries; this issue is cross-cutting. So, hon. Ministers, what happens under the circumstances, which Ministry takes responsibility for this? It is cross-cutting in the sense it involves the Attorney-Generalâs Chambers as well as the Ministry of Foreign Affairs for a various valid reasons.
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, the Standing Orders provide clearly that if we have cross-cutting issues, then it is the Prime Ministerâs Office to respond to those issues.
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Mr. Deputy Speaker
Indeed, it is the opinion of the Chair that this Ministerial Statement be directed to the Attorney-General's Chambers because it involves the courts and prosecutions.
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Peter Njoroge Baiya
On a point of order, Mr. Deputy Speaker, Sir. I do not wish to challenge your ruling, but it is also the case that the Ministry of Foreign Affairs has done some negotiations. I do not know whether they have signed some memorandum of understanding which I asked them to table. If the Attorney-General can do so, then, I have no problem.
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Mr. Deputy Speaker
The Prime Ministerâs office would only respond on matters that are cross-cutting and that are purely policy. Not specifics or in the execution of the Ministerial functions. Could the Government give an undertaking on this and which Ministry, for that matter is responsible? Is the Ministry of Foreign Affairs represented here today in the House? Could a Government Minister give an undertaking on this matter?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, we will definitely go as per the Chairâs ruling. If the Chair directs that this Ministerial Statement goes to the Attorney- General, we will definitely ask him to respond to it. If the Chair decides that this issue be directed to the Ministry of Foreign Affairs, I do undertake to remind the Minister to come and reply to it.
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Mr. Deputy Speaker
The presumptions of courts are disposing of justice in their own opinion. This is why the Government is supposed to have a collective responsibility. One Minister should be able to answer this.
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Mr. Deputy Speaker
So, the Chair directs that the Attorney-General answers this. When will the Ministerial Statement be made available in the House?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, we will definitely prevail upon the Attorney-General to come and give a Ministerial Statement by Thursday, next week.
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John Olago Aluoch
On a point of order, Mr. Deputy Speaker, Sir. What you have asked the hon. Assistant Minister to do is to undertake. What he is doing is to prevail upon the Attorney-General. Could he understand that these are two different words? Are you undertaking or not undertaking?
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Mr. Deputy Speaker, Sir, it true. I am undertaking to ask the Attorney-General to give a Ministerial Statement.
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Mr. Deputy Speaker
But Thursday next week is to far, hon. Assistant Minister, because this matter has been in Parliamentâs domain for a long time.
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Peter Njoroge Baiya
On a point of order, Mr. Deputy Speaker, Sir. On that score, I want to indicate that the Ministerial Statement has been pending since 6th of May, 2009. This is a long time. They have had more than adequate notice to respond.
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Mr. Deputy Speaker
Hon. Assistant Minister, the Chair directs that you have this Ministerial Statement available in the House on Thursday, this week.
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Joshua Ojode
(The Assistant Minister, Ministry of State for Provincial Administration and Internal Security)
Most obliged, Mr. Deputy Speaker, Sir.
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(Mr. Mungatana stood up in his place)
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Mr. Deputy Speaker
Hon. Mungatana, I know there is a Ministerial Statement that you sought from the Deputy Prime Minister and Minister for Local Government. Today is the 1st Allotted Day of the Committee of Ways and Means. It is exactly 3.30 p.m.. If you look at our Order Papers, it states: âNot later than 3.30 p.m.â
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Mr. Deputy Speaker
Consequently, the Chair directs that this Ministerial Statement by the Deputy Prime Minister and Minister for Local Government be made available tomorrow morning after Question Time.
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Mr. Deputy Speaker
Next Order!
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COMMITTEE OF WAYS AND MEANS
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(Order for Committee read)
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MOTION
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THAT THE SPEAKER DO NOW LEAVE THE CHAIR
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(The Deputy Prime Minister and Minister for Finance on 11.6.2009)
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(Resumption of Debate interrupted on 11.6.2009)
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(First Day of Budget Debate)
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Judah ole Metito
(The Assistant Minister for Regional Development Authorities)
Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute on this Motion.
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Judah ole Metito
(The Assistant Minister for Regional Development Authorities)
From the onset, I support this Motion. I would like to, first of all, congratulate the Deputy Prime Minister and Minister for Finance for the very excellent way in which he presented his Budget last week to this august House. The Budget was well thought out and balanced. It is a pro-poor Budget. By widening the revenue base without raising any taxes, that is a well done Budget. I am particularly happy about the way the Budget has decentralised the resources. That is what most of us have been calling for. Kenyans have
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been calling for decentralisation of resources. Others may have been calling it economic federalism or majimboism . But all in all, I really want to agree with the Deputy Prime Minister and Minister for Finance on the way he has, not only equitably, but equally distributed resources, across the board. I also wish to commend the way he has chosen the constituency as the principal focus of development. This is a move in the right direction. In his Budget Speech, he mentioned the word âconstituencyâ for a record 100 times. That has gone down very well with the Kenyan population. However, it is good to clarify that the constituency based resources are not necessarily going through the CDF. I want to believe that he has just redistributed resources equally to all constituencies but using the centralised system of line Ministries. Mr. Deputy Speaker, Sir, I would like to specifically talk about three or four Ministries. First, let me talk about the Ministry of Energy. This Ministry is really giving good service to Kenyans at large. The Rural Electrification Programme, for the last two years, has really impacted very positively on the population and the economic growth in this country. There is need for more resources to be allocated to that Ministry, specifically towards rural electrification. I want to thank the Ministry of Energy, headed by Mr. Murungi and his two able Assistant Ministers, for the manner in which they have streamlined the Rural Electrification Programme in all the Constituencies
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Secondly, when we go to the Ministry of Health, I would like to applaud the move by the Deputy Prime Minister and Minister for Finance for allocating Kshs20 million per constituency for the construction and equipping of at least one health centre. He also mentioned about employing about 20 nurses in each constituency in this country. I would like to appeal to the Deputy Prime Minister and Minister for Finance and also the Minister for Public Service over the manner in which they are going to recruit those nurses; they should not use the normal Public Service Commission (PSC) programme whereby you get that all the 20 nurses going to Oloitokitok Constituency come from Nairobi. They just use that as an opportunity to get employment and once they are posted to the hardship areas in this country, they start looking for transfers. By the end of the financial year, you cannot really account for a single nurse out of the 20 employed from that constituency. It is good that we decentralize everything to the constituency.
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(Loud consultations)
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Mr. Deputy Speaker, Sir, please protect me from my colleagues here. They are consulting loudly.
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Mr. Deputy Speaker
Order, hon. Members! The Minister needs to listen to the sentiments of the hon. Member contributing. Could you consult in silence?
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Judah ole Metito
(The Assistant Minister for Regional Development Authorities)
Thank you, Mr. Deputy Speaker, Sir. The Deputy Prime Minister and Minister for Finance did not just decentralize financial resources to the constituencies but also the personnel. In every section where the constituency is mentioned, he also talks of âthis will translate to employing such a number of people in every constituencyâ. This applies to nurses and teachers. I kindly plead with the Deputy Prime Minister and Minister for Finance and the Minister of State for Public Service to ensure that the employment is also constituency-based and not through the normal PSC programme whereby the 20 nurses or
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June 16, 2009 PARLIAMENTARY DEBATES 1304
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the 50 teachers employed for Garsen Constituency or Oloitokitok Constituency, for instance, all come from Nairobi. They just use that as a way of getting employment and within a month or two, they all get transferred to well endowed or urban areas.
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Mr. Deputy Speaker, Sir, let me talk about the tourism sector. The Ministry of Tourism is at times the first or second foreign exchange earner in this country. I would like to be taken very kindly on this because tourists come to see wildlife. So, without wildlife there are no tourists. Wildlife do not only live in protected areas. In fact, 80 per cent of wildlife in this country live in non-protected areas which are either community or private land. Right now, we have a national disaster in the form of drought. Eighty per cent of the wildlife in this country has been living in our community or private land. The communities living near the parks move inside the parks in search of pasture and water. But the relationship between the community and the Kenya Wildlife Service (KWS) rangers is not friendly. So, I would like to ask the three Ministries--- We are now seeing the effects of splitting of some of these Ministries that should have been together as one Ministry. The Minister for Tourism takes tourists to the parks to see wildlife. If the Ministry of Tourism and the Ministry of Forestry and Wildlife were in one Ministry, a good relationship could have existed. So, I would kindly ask the Minister for Forestry and Wildlife to consider the pastoral communities to have access to some parts of the national park where there is pasture and water to graze their livestock. Mr. Deputy Speaker, Sir, there are some areas in this country where there is no single animal and they lead a better life than those with wildlife in their areas. People living with wildlife get maimed, killed and their livestock gets killed. If there is no good relationship between the livestock keepers and the wildlife community, we may very soon not have the Ministry of Tourism. We would like to see some areas being accessible. I gave an example of Tsavo West National Park. This park is 9,000 square kilometres and Oloitokitok District is 6,000 square kilometres. Tsavo West National Park is one and a half times bigger than Oloitokitok District. Tsavo West and Tsavo East combined is 22,000 square kilometres and tourists rarely utilize even 1,000 square kilometres of those parks. This is a low season in the tourism sector and there are some areas which have pasture and water in some parts of the park. I kindly ask the Minister for Forestry and Wildlife to allow pastoralists to access some parts of the national park and save some of their animals.
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Mr. Deputy Speaker, Sir, in North Eastern Province, wildlife has moved to Ethiopia. In Kajiado, they have moved up to Tanzania near Lake Manyara because our Government cannot allow us to rescue our livestock. Finally, I would like to mention that what the Deputy Prime Minister and Minister for Finance has allocated to the Ministry of Agriculture is so small. Agriculture and rural development combines about seven Ministries in this Government. They contribute a lot towards our Gross Domestic Product (GDP) which is about 15 per cent. The resources that have been allocated is only 4.5 per cent of our expenditure. I wish that the Minster for Agriculture spends a small portion of that money to cushion the---
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Aden Bare Duale
(The Assistant Minister for Livestock Development)
On a point of order, Mr. Deputy Speaker, Sir. Is it in order for Members on the Front Bench to keep the Deputy Prime Minister and Minister for Finance so busy that he cannot hear what the hon. Member is contributing?
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June 16, 2009 PARLIAMENTARY DEBATES 1305
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Mr. Deputy Speaker
Order, Maj-Gen. Nkaisserry, Mr. Lesrima and Mr. Nguyai! Do not keep the Deputy Prime Minister and Minister for Finance busy. He has to listen to the contributions by hon. Members.
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Judah ole Metito
(The Assistant Minister for Regional Development Authorities)
Mr. Deputy Speaker, Sir, I want to ask the Deputy Prime Minister and Minister for Finance to offset the loans owed by livestock farmers to the Agriculture Finance Corporation (AFC).
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Judah ole Metito
(The Assistant Minister for Regional Development Authorities)
Thank you.
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Edwin Ochieng Yinda
Mr. Deputy Speaker, Sir, I stand to also support this Motion. I would like to start by congratulating the Deputy Prime Minister and Minister for Finance for a very well deserved Budget which was presented last week. For the first time in the history of Kenya, the last Budget was what I would consider as a peopleâs Budget. For the first time, the funds were devolved to the extent that the constituencies are becoming the focal points for development. It is now up to us, hon. Members, to ensure that the people get the development. I think it is really up to us. Like one hon. Member said, these funds could also be our downfall, if we do not manage them properly.
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Edwin Ochieng Yinda
I would like to also ask the Minister in future to look at agriculture a lot more favourably than what he has done in the Budget under discussion. If free fertilizer could be available to most parts of this country, it would improve a lot in agricultural production. This time, although the Ministry of Agriculture through the Ministry of Finance made some fertilizer available, it did not go to all parts of this country. So there are many regions that did not benefit. If this could be looked into in the future, it could change the production of food in this country.
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Edwin Ochieng Yinda
Mr. Deputy Speaker, Sir, I would also like to ask the Minister to look at the taxation, especially personal tax. I still think that Kenya is one of the highest tax paying countries in the world. At the moment, the highest personal taxation is 30 per cent. This is by all means very high. Because of this, many people are doing everything possible to evade paying taxes whereas if the taxes were reduced to, say, 20 per cent, the bracket for compliance would be much higher than what it is at the moment. I support the Minister fully on the issue of the big vehicles that Ministers and Assistant Ministers are using.
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(Applause)
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Edwin Ochieng Yinda
These fuel guzzlers should be surrendered and sold with immediate effect. If the Ministers get the smaller vehicles, the saving on fuel and even maintenance would be colossal. The amount saved would go a long way in supporting agriculture and the poor in this country. I strongly believe that the only way that we are going to help a lot more people put food on their tableâs is by looking at poverty financing which at the moment is not taken care of at all.
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Edwin Ochieng Yinda
Mr. Deputy Speaker, Sir, I would like to thank the Minister once again for the Budget which, as I have already said, is a peopleâs Budget. One very big problem at the moment is that the Government is trying to finance a bloated Cabinet. We have 42 Ministers and almost 90 Assistant Ministers. This is the only country in the world, poor as we are, looking for money to pay for the Ministers and Assistant Ministers, many who have no proper work to do. At the moment, Ministries are overlapping and I am sure the
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two Coalition principals can do this country a lot of justice if the number of Ministers could be reduced to 16 or maximum 20.
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(Applause)
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If this is done, the amount of money that will be saved can go to deserving areas in our economy would be quite a lot.
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Mr. Deputy Speaker, Sir, I would also like to ask hon. Members, me included, that at the moment, with the gesture that the Minister has shown, this is the way forward for this country. We are also seeing that once funds are devolved and once all areas of this country are receiving money fairly, then it does not really matter who becomes the President of this country. I think maybe, what has been disturbing many hon. Members can be sorted out through devolving of funds. In that case, it would not be a question of who then leads the country. I would also like to support the Minister a lot more and ask hon. Members, although at the moment all of us have agreed that we will pay taxes when that comes forward â I think there is already a Tribunal looking into this â the only way we can also support the Minister is to play our part and pay what is due to Caesar.
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Mr. Deputy Speaker, Sir, finally, I would like to ask the Minister that when he will be looking at the Budget next year to consider allocating more funds for dams because the dams which were mentioned cover very few areas. In this country, there are only a few areas that have been covered for the creation of new dams. The whole country and all the constituencies require dams because we will be able to solve many of our problems. I also want to thank the Minister for looking at fishing. A long time back, fishing was only a speciality for people from the lake and the ocean but right now, the whole country is dependent on fish. Therefore, allocating funds to develop fish ponds within the constituencies is a move in the right direction because fish is a very high profitable business. With these dams and ponds, I am sure many people who will get into this business will definitely benefit a lot.
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With those few remarks, I beg to support.
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Philip Kyalo Kaloki
Thank you, Mr. Deputy Speaker, Sir. I rise to support this important Motion about the Budget for this particular year. This Budget aims to reduce poverty. The Minister was able to go into depth to look at many Government programmes and find ways to make sure that every constituency gets adequate funds to address poverty. I am particularly impressed by the Minister because he was able to come up with innovate ways to address the problems facing our country. For example, he was able to come up with centres of excellence in every constituency. In every constituency now, we are going to have a particular centre that will be equipped with enough computers, internet connections and teachers will dialogue and communicate with each other throughout the country and others outside the country. With the coming of broadband internet connections, these centres of excellence are going to help our students. The Minister came up with excellent programmes dealing with health care facilities. At the moment, we have many health care facilities at the constituencies but they lack medicine and staff. However, I want to thank the Minister for allocating adequate funds to the relevant Ministries to hire medical staff, beginning with nurses so as to address the efficiency in the health centres and staffing deficiencies.
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June 16, 2009 PARLIAMENTARY DEBATES 1307
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The road sector is another area that I have to commend the Minister about because additional funds have been channelled for our roads. Also, the Minister allocated Kshs17 million for each constituency for the development of roads. That amount is not a lot of money, but it is the right beginning in addressing some of our challenges in our rural constituencies, especially roads. The issue of youth employment was addressed in the Budget. That is a key area. I am really supporting this Budget because women and youth will now get employment opportunities. Mr. Deputy Speaker, Sir, in this Budget, there are particular areas where the Minister did not address adequately. The first one is famine. The country is now faced with challenges in North Eastern Province, Eastern Province and some areas in the lower side of Rift Valley Province. Those areas are faced with famine. The rains have failed in those particular areas. I am really calling on the Minister, during the Committee Stage, to consider those particular areas. We have to channel some additional funding to address famine. The rains have failed in Ukambani. There is no food and there are many difficulties in those particular areas. So, really, we need to find a way to address that problem. The Minister was really not able to address the famine situation in the country.
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Mr. Deputy Speaker, Sir, the money allocated in the Budget for water and irrigation is about Kshs5 billion. That amount is not adequate for such an important sector as irrigation. We need additional funding to construct dams and boreholes. That is an area where our people can benefit most. Mr. Deputy Speaker, Sir, another area is the construction of industries in every constituency. I am calling upon the Deputy Prime Minister and Minister for Finance to come up with innovative ways to have industries in every constituency, so that they can create employment for the youth.
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Mr. Deputy Speaker, Sir, with regard to education, especially university education, I was keenly listening to hear whether the Minister will give us a university in every constituency. That did not materialize and I hope that, in future, we are going to have a university in every constituency. Those local universities will address local issues pertaining to particular constituencies. Mr. Deputy Speaker, Sir, under roads, I was really listening to hear whether there was an allocation of funds to a very important road that links Kenya to Ethiopia. That road starts from Kibwezi. It goes all the way to Kitui and Ethiopia. But all the same, I support this particular Budget. It deserves a lot of congratulations. Thank you, Mr. Deputy Speaker, Sir.
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Mohammed Abdi Affey
Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to thank the Minister, and to congratulate him for a job well done.
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[Mr. Deputy Speaker left the Chair]
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[The Temporary Deputy Speaker (Prof. Kaloki) took the Chair]
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Mohammed Abdi Affey
Mr. Temporary Deputy Speaker, Sir, I listened to the Minister for two hours as he told the country how he intends to finance the Government Budget up to next year. It tells me, therefore, that you do not require a Minister for Finance to be an accountant. You do
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not require a finance minister to have an accounting background. All that you require is a Minister who thinks about the country and who can provide leadership in that Ministry. Therefore, the Minister has shown that he is able to guide this country, to provide the necessary Budget and give us books that will balance. He will know where that funding will come from.
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Mr. Temporary Deputy Speaker, Sir, what the Minister has said is quite bold. For the first time in the history of this country, we have funds going down to the constituencies in a more fundamental way than what the Constituencies Development Fund (CDF) has done. I think those steps require to be matched with action. We are now monitoring the manner and the design which the Minister is going to apply in order to implement the programs that he has suggested. That is the difficult part that we foresee; to see how the policies the Minister has undertaken on behalf of the Government will be implemented at the constituency level.
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Mr. Temporary Deputy Speaker, Sir, what the Minister needs to do now is: Having devolved the funds to the constituencies, he should know how best the people in those constituencies could be consulted on the kind of programs that they want. If a particular budget line says Kshs200 million, Kshs300 million or Kshs850 million, as long as the people are not participating in the management of those funds, they will never feel satisfied that the funds will be used for the purpose for which they were allocated for. So, I request the Minister and the Ministry of Finance officials to think outside the box. They have done these bold proposals that they have submitted before the House. We need to know how the local communities will now be involved in the management of those funds. They should design their priority areas.
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Mr. Temporary Deputy Speaker, Sir, I listened to the Minister and, as the previous speaker has just said, nothing much has been factored in terms of the reaction of the Government Budget towards the current famine that is ravaging many parts of this country. In the northern Kenya, animals have started dying. Some money was allocated to the Ministry of Livestock Development some time back, but that has not been sufficient enough to offset the livestock farmers. I would like the Minister to consider, in the next few weeks --- I am sure there is a possibility for him to relocate some of those funds. That is because as he spoke, he spoke for almost the entire membership of this country. We listened very well. I heard him mentioning the disabled and the elderly, but the pastoralist community is now facing the biggest challenge ever. Many animals are dying. The people need to be assisted in order to safeguard them against that imminent danger. Therefore, I would like to request the Minister to see whether, in fact, he can do some reallocation of funds and see how those people can face the challenges ahead.
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Mr. Temporary Deputy Speaker, Sir, the Minister has said that the Ministry of Northern Kenya Development has been provided with some funds. I think it is a joke to provide only Kshs2 billion to a Ministry that you want to redress the historical imbalances that have happened in this country for the last 45 years! We imagined that the establishment of that Ministry will come with resources. It is very evident now that, that Ministry has no possibility to offset the kind of challenges that we have. I would, therefore, suggest that, even as they have split the resources in very many Ministries - because I realize that a lot of the programs that this Ministry could undertake have been placed under several other Ministries â whether, in fact, they can consolidate those funds
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into one, so that the Ministry of Northern Kenya Development can have the relevance of a Ministry that we wanted it to have.
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Mr. Temporary Deputy Speaker, Sir, on the issue of infrastructure where the Minister has pegged considerable resources, it has come to our attention, of course, that a lot of that funding is for the road network between Garissa and Mandera, which has been on the cards for the last 12 or 13 years. Every other Budget, the Ministers come before us and give no funding at all to that particular highway that would have opened up the whole of northern Kenya. So, I would like to suggest to the Minister that, even as we congratulate him â and we think he has done a good job â he should be able to seek for more funding. We are waiting to see how much he can think outside the box. If this Budget was submitted before this House, for example, five years ago, by now, this country could have changed in a drastic way. I do not understand what the former Ministers for Finance were doing. They used to read Budgets in this House that were populist. Others even attempted to tax hon. Members as if the money obtained from taxing hon. Members could be used to build the economy of this country in a fundamental way. There is a possibility now for any future Head of Government to think very carefully about whom to appoint as a Minister. Whoever is appointed as the Minister for Finance, now that we know the fundamental role such a Minister plays--- I even propose the burning of the effigies of the former Ministers for Finance, at least, for the last four years because they did a great disservice to this country. Mr. Temporary Deputy Speaker, Sir, if this Budget proposal, as bold as it is, was brought before us three years ago and we continued to build on the momentum then, you can imagine how much progress this country would have made. You can also imagine how much investment we would have attracted. A lot of the noise you hear about who should become the President is all about allocation of resources. If we got resources in our constituencies and districts, we would not bother about who becomes the President of this country. Instead, we would bother about how to manage those resources. However, because the presidency goes with resources, people feel that it is their time to eat. We want time for all Kenyans to eat. It should not be time for one person, a community or a region to eat. With those few remarks, I thank and congratulate the Minister for Finance.
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Cyrus Khwa Shakhalaga Jirongo
Mr. Temporary Deputy Speaker, Sir, let me take this early opportunity to thank you for giving me an opportunity to contribute to this Motion. Since Independence, this country has gone through many problems. These problems are lack of equity, equal opportunities for all communities in this country, security and accountability. The Deputy Prime Minister and Minister for Finance tried very hard to address the issue of equity. The only way you can effectively address this problem in this country is to base everything on the constituencies. The Minister tried as much as he could to ensure that we control as much money as possible at the constituency level.
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Cyrus Khwa Shakhalaga Jirongo
These four issues, and somebody should correct me if I am wrong, are a major contribution to what happened in this country after the 2007 General Elections. If all the Ministers addressed the four issues, including unemployment and others that made Kenyans turn against each other, we will possibly start seeing a brighter future for our country. We would like the Minister for Finance, together with his officers, to host a seminar for Members of Parliament so that they can explain how the funds will be
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June 16, 2009 PARLIAMENTARY DEBATES 1310
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managed at the constituency level. This is because we have seen many âghostâ projects in this country. We have seen the Anglo Leasing scandal, the Goldenberg scandal and scandals to do with the Soya Beans Factory, KenRen Kisumu Molasses Plant, Halal Meat Products, Safaricom, Grand Regency Hotel, maize scandal and fertilizer. We do not know what happened to the 78,000 bags of fertilizer that were supposed to be given to certain people in this country, particularly those who do not have the ability to raise money to do serious farming.
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Mr. Temporary Deputy Speaker, Sir, there is a possibility that we can have âghost projectsâ in the constituencies arising out of the Constituency Development Fund (CDF) money. We have CDF projects in this country that are âghost projectsâ. I urge the Minister to move with speed so that accounting officers are posted to every constituency. The sooner the President announces every constituency in this country to be a district, the better for this country. We have accounting officers today who are mandatory signatories to the CDF accounts. However, we still end up with âghost projectsâ at the constituency level. We should form committees - and Mr. Deputy Prime Minister and Minister for Finance, you better listen to this - the way we have committees in Parliament that examine the expenditure of the Government, those committees should examine how the money Kenyans are taxed is used. We should have similar committees comprising of Kenyans at the constituency level play the oversight role on the expenditure of the money the Deputy Prime Minister and Minister for Finance has allocated the constituencies.
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Majority of Members of Parliament today still chair the CDF Committees. I propose to the Minister that Members of Parliament relinquish their positions as chairpersons of those committees so that they can play the oversight role together with Kenyans. If you turned a Member of Parliament into a mini-president, there is no way, His Excellency Mwai Kibaki will be the man to write letters of appointment, allocate money for projects and know who is being employed where. He should just be there as a patron to oversee everything and have the authority. However, Members of Parliament must stay out of the CDF Committees if we are to have accountability at the constituency level.
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Mr. Temporary Deputy Speaker, Sir, the other issue is the release of these funds. There is no point of budgeting for money and then it is released three months before the General Election. We should have this seminar we are seeking with the Deputy Prime Minister and Minister for Finance so that we can agree that the money be released well in advance. That way, we will be in a position to spend the money before the end of the year. I would like to thank the Minister for having intervened in the issue of trust funds. We know that trust funds in this country have been misused greatly. Everybody remembers what happened to Discount Securities Limited, Nyagah Stock Brokers Ltd and so on. If trust funds can be invested in Government securities such as Treasury Bonds and the rest of the money left in banks, we will create enough liquidity for business people and also give the Government access to the funds it requires to finance its projects. I am not convinced that the Budget of Kshs800 billion will be raised the way the Minister said. However, I am sure that he will raise Kshs109 billion through internal borrowing. I am not very sure he will raise the rest of the money in the manner he has described. There is this thing we keep calling âdevelopment partnersâ. These are people who give us money that belongs to their taxpayers. Nobody can give you money from his
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June 16, 2009 PARLIAMENTARY DEBATES 1311
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taxpayers if he will not make profit out of it. This is because it is not his money! He will give you money so that he can do business. The only money that you can be given to spend in a country are the loans. Otherwise, the grants that we are given go to consultancies which come from the countries granting the money. I think the Deputy Prime Minister and Minister for Finance did the right thing by proposing to utilize our trust funds. We will move forward if he organises what I have requested for. The other good thing the Minister did was to cut down on wastages. We have a lot of Government assets that are wasted. They include furniture and vehicles. Ministers enjoy vehicles that are irrelevant. You are given a grant as a Member of Parliament when you come to this House. You need to add very little money to that to buy yourself any type of car. Why go to the Government offices and demand to be allocated other fuel guzzlers? I think the Ministers who are trying to resist that are actually against their people who elected them. The Ministers should comply with this proposal. In fact, Mr. Deputy Prime Minister and Minister for Finance, I will visit that auction as a businessman to buy some of those vehicles so that they can do some work. I do not want you to relent on that issue.
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(Loud consultations)
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Mr. Temporary Deputy Speaker, Sir, there is urgency to address Agenda Four. The Minister might need to reconsider allocating more funds for Agenda Four. The Minister has made good progress on equity and equality but the issue of security and accountability needs to be looked into in a more detailed manner. Recently, we were told that there is a committee to look at security and all those sorts of things. I think we need to allocate enough money to ensure that this country is well secured. I, really, do not understand why some newspapers complain that about Kshs40 billion has been allocated to the Ministry of State for Defence when we know very well that as a country, our sovereignty depends on that Ministry. I do not know whether they have an idea of how much an Abram Tanker costs. One of them costs US$2 million. If they are saying that President Museveni is threatening us over Migingo Island and at the same time, they do not want us to arm our officers to defend the country, then they are being self-defeatist. I want to believe that defence and internal security are critical issues for the survival of any government. This country is in a mess today because of the internal security docket. Management of security in the country is gone to the dogs. That is why Kenyans can fist on each other. We have seen a lot of irregular forces developing capacity to challenge our security forces internally. Unless we spend more money on this, there is no point of pretending that we want to spend money on agriculture and then we end up being another Somalia, because we cannot sustain our internal security. Therefore, it is important that, as leaders, we understand that the spinal cord of our country is in internal security and defence from foreign aggressions. These are two very important issues that I want Members of Parliament to consider as we look into the details of the Budget that the Minister came up with. Mr. Temporary Deputy Speaker, Sir, the Minister let us down when he gave money for the road to Modogashe. He needed to give us more money to connect this country to Ethiopia through Moyale. That would have assured us that, at least, exports
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from Ethiopia go through Kenya and that would be self-sustaining. It would have contributed to the Government kitty. With those remarks, I beg to support.
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Joseph Nkaissery
(The Assistant Minister, Ministry of State for Defence)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to also contribute to this very important Motion. I would like to commend the Deputy Prime Minister and Minister for Finance for a wonderful citizen-friendly Budget. For very many years, this country has been expecting a Budget of this nature. However, this Budget can only benefit this country if it is implemented. In this regard, I would like to urge the Minister to ensure that his Budget proposals are implemented. Why do I say so?
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(Mr. Jirongo consulted loudly with other Members)
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Joseph Nkaissery
(The Assistant Minister, Ministry of State for Defence)
Mr. Temporary Deputy Speaker, Sir, Mr. Jirongo was doing very well. Could he keep quiet a little bit?
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order! Order!
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Joseph Nkaissery
(The Assistant Minister, Ministry of State for Defence)
Mr. Temporary Deputy Speaker, Sir, the Minister did a wonderful job, first of all, by removing all the wastage in the Government. He has addressed issues of telephone, hospitality, furniture and vehicles. If you heard him speak on that particular day, he said that he consulted the President and the Prime Minister, and they agreed that each Minister should have only one official car of engine capacity not exceeding 1,800 cubic centimeters. However, two days later, we heard some Cabinet Ministers coming out to oppose this very important policy. I would like to request the President and the Prime Minister to follow up the request by the Minister and make sure that this policy is implemented. Any Minister who contravenes Government policy should be fired. Even those official vehicle should be withdrawn. What I want to recommend or request the Minister to do is with regard to the issue of vehicles. We have heard what my friend, Mr. Jirongo, said. He is a businessman. All businessmen think that the prices of these vehicles are going to be lowered. These are very new vehicles, and I recommend that they should be taken to the constituencies to help in the management of projects, now that the Government has allocated enough funds. Mercedes Benz vehicles can be sold but the Four-Wheel-Drive vehicles can be taken to the constituencies to enable the Government monitor constituency projects. Mr. Temporary Deputy Speaker, Sir, I would like to commend the Minster for allocating resources for the Port of Mombasa and the railway line. As Mr. Jirongo said, we need to open up our country by opening our ports and borders. The amount of tourism and trade that this country will be getting through Southern Ethiopia is of paramount importance. If we open the Port of Lamu and the railway line all the way to Moyale, this country will benefit a great deal. The Minister also took care of rural electrification. You cannot develop a country without energy but we want to do away with corruption at the very top level. We want all the money meant for rural electrification to be channeled, like all other funds that have been devolved, through the constituencies. That way, we can get this country moving.
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Mr. Temporary Deputy Speaker, Sir, you realise that the issue of national security is paramount. You can have everything else but without national security, you will have nothing. You can develop but that development can be destroyed without premium insurance from national defence. The Ministry of State for Defence is a premium insurance of national security. Some hon. Members do not know that the Kshs44 billion that has been allocated to this Ministry is peanuts. In order for the Armed Forces of the Republic of Kenya to safeguard our borders, they require more than Kshs100 billion. We can quantify why we require that amount of money. The seminar we are urging the Minister to organise for Members of Parliament is for us to go and inform hon. Members why national security is very important. Maintenance of law and order is a very important aspect of our country. If we do not have a police force that is able to maintain law and order in this country, then the country will go the dogs. Therefore, the Ministry of State for Provincial Administration and Internal Security needs to be funded adequately. Therefore, to me, the amount of money that was allocated to those two Ministries is peanuts. Mr. Temporary Deputy Speaker, Sir, the ongoing reforms are under-funded. We need a new constitution. We have a Committee of Experts, an Interim Independent Electoral Commission (IIEC), an Interim Boundary Review Commission (IBRC) and an Interim Electoral Court (IEC). We want the Minister for Finance to fund these commissions, so that we can have a new constitution within the timeframe that was decided by the two principals. This is very important. The other issue I want to speak about is that of devolving funds to the constituencies. We want the district steering groups, with MPs as the patrons, to manage all the funds that have been devolved to the constituencies, which are quite substantial. Suddenly, the Minister gave the Constituencies Development Fund (CDF) over Kshs18 billion, which is the equivalent of Kshs86 million per constituency. He has given Kshs22 billion as a stimulus package which is equivalent to Kshs105 million per constituency. He has allocated Kshs30 million per constituency for a centre of excellence. He has allocated Kshs20 million for a health centre. This is a very important fund which should be properly managed. The MPs should oversee its usage.
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The Minister tried to remove corruption by providing equity for all. It is important that this money is properly managed, so that we get rid of corruption and impunity, which has existed in the previous years.
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Mr. Temporary Deputy Speaker, Sir, before I conclude, I would like to request that the Ministry for Forestry and Wildlife ensures that pastoralists in the national parks are not harassed. This is because the national parks used to belong to the pastoralist communities. Secondly, three quarters of wildlife animals do not live within the parks. Currently, there is serious drought affecting the country. I would like to request the Minister for Forestry and Wildlife to call a meeting of pastoralist leaders, so that we can see how best we can manage this major problem. This is a natural problem. It is not anybodyâs problem. We will not allow our people to be harassed for going to places which belong to them.
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It is very important that this message gets to him because during the constitutional review process, we may demand that our land reverts back to us.
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With those few remarks, I support.
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Yusuf Kifuma Chanzu
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to support this very important Motion.
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Yusuf Kifuma Chanzu
The impression created in some quarters is that we are devolving corruption. I doubt if that is true. We must start from somewhere. The more money we give to the constituencies, the more we fight corruption in this country.
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Yusuf Kifuma Chanzu
I believe that we are better off with 222 people being in charge of these funds than one person. I believe it is much better that MPs are in charge of what is going on in their constituencies. After all, there is accountability. Elections are held every five years. Some people believe this is one way of us putting a rope around our necks because, at the end of the day, they will ask for accountability. To me, that is the best way because we will be more accountable to Kenyans.
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Yusuf Kifuma Chanzu
Mr. Temporary Deputy Speaker, Sir, I would like to support the work that the Minister did. When we were yearning for a new Constitution and reforms, we were actually talking about devolution. Everybody was complaining that money is being controlled from one place and it goes to one part of the country only. Today, the Minister has come and proved that what we are looking for is achievable, judging by the way he presented the Budget.
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Yusuf Kifuma Chanzu
Many hon. Members here are saying that the Minister must ensure this money is spent this way and that way. I do not think that is his responsibility. It is our responsibility to ensure this money is well-spent. We must support the Minister in ensuring that this money goes to good use.
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Yusuf Kifuma Chanzu
Mr. Temporary Deputy Speaker, Sir, we have been talking about bringing services closer to the people. For example, somebody comes from Lamu and he is a District Commissioner in Busia. He will most likely stay there, for one or two years, then he goes away. This is the person who comes there and controls things as if he knows the complexities of the problems in the place. It is fair that by bringing services closer to the people, we also bring the resources through the elected Members of Parliament.
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Yusuf Kifuma Chanzu
I would like to urge the Government, through the Ministry of State for Planning, National Development and Vision 2030, to elevate the role played by the locational committees. We have got committees of the CDF which are paid a percentage of sitting allowance because of the information they gather from the grassroots level. We cannot continue using these CDF committee members because they are only 15. We cannot source all that information from every location. So we have been using locational committees and, to some extent, sub-location committees.
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Yusuf Kifuma Chanzu
It is said that MPs are earning a lot of money, but these committee members cannot do this work for free. That is one way of encouraging corruption. These committees should be recognized. We should give them a token of appreciation, so that it is easier for them to give us information. I had a problem with my bursary committee members because they were not giving me information on the needy cases. They were asking parents to give them some money in order for them to include their children on the list of the needy cases. This is because they were not receiving any payment. I think we should recognize them. We should move full blast. It is good that the Minister has set the trend. I know some people were saying that he was actually doing a campaign. We must be bold enough to take these kinds of actions.
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The issue of vehicles has been talked about. The Minister said that the vehicles to be used should be 1800 ccs. Even in the last Budget, the former Minister for Finance talked about vehicles being disposed, so that they could raise some money to do other things. However, some of those vehicles are still gathering dust wherever they are. We are losing a lot of money. Some of the few vehicles that have been disposed of have gone for less than Kshs500,000. It beats the purpose. So, I think the Minister has to do his mathematics properly and make sure that we have enough returns on these vehicles. There is no point of getting them out of the road if we are not going to sell them. Some of them end up gathering dust in the parking bays. The process of disposing them must be as open as possible, so that everybody knows and for accountability purposes. I urge the Minister to commit himself and give us some reports on what has been disposed of. It is going to be a plus for him. It is very easy for him to give us quarterly reports telling us the number of vehicles they want to dispose of and the amount of money they intend to get, so that we know whether we are benefiting or not. Mr. Temporary Deputy Speaker, Sir, the other commendable thing which I have seen and have thought about for a long time is the issue of congestion in town. Year in, year out, we have had Ministers for Transport. However, none of them thought about improving the rail line, so that we have easier means of transportation. The other day, I saw in the newspapers somebody showing how the rail line is likely to look like. I think that is a milestone. I know we have got a lot of corruption in this country, particularly when it comes to tendering. I have a project in my constituency where the Ministry of Local Government gave Kshs98 million in the last Budget. This job is starting now. The reason for this is procurement officers are pulling strings left and right in order to find the right person they can strike a deal with. It ends up taking a lot of time. A project like that which was to cost Kshs98 million is now going to cost about Kshs200 million. These are the kind of things we are talking about. Mr. Temporary Deputy Speaker, Sir, the Minister allocated some money on the water resources. I remember there was a Motion in this Parliament about water as a resource in this country. Right now, there is a lot of rain in some parts of the country yet the water is going to waste. I have seen situations in the Kazi Kwa Vijana programme where the Ministry of Water and Irrigation is trying to construct some water catchment areas in some schools in the constituencies. However, I think that is something we need to pay a lot of attention to. There is a lot of water that goes to waste which we can harvest and have enough water in this country. The Minister also talked about the roads and the Port of Mombasa. We lose a lot of money in form of charges and so on because of delays at the port. That is one area, combined with tourism that could earn this country huge revenue and foreign exchange. These are aspects that technically, the Government should get into. Mr. Temporary Deputy Speaker, Sir, I do not know the reason the Minister did not put a lot of money into agriculture. We have seen what we have gone through with drought and lack of enough food resources and storage. We used to have field extension services in agriculture and livestock production. I think if these aspects of the economy are revived, it will be very easy for us to be self sufficient in food production. I know that at a later stage, there would be some re-allocations here and there. I would like the Minister to consider putting more money into agriculture. The resources are meager but agriculture should be a priority.
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On the road funds, I differ with the people who believe that money going through Members of Parliament is going to waste. I am not being a tribalist, but when an engineer, for example, comes from Kericho and he works in Vihiga, then Kshs17 million or Kshs18 million is sent through his or her office, they employ a contractor who comes from a different province and they use Government equipment, no employment is created in that area. I beg to support.
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Amina Abdalla
Thank you Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to the Budget Speech. First, I would like to congratulate the Minister for Finance for walking the talk. For five years, he was giving us the alternative Budget as the Leader of the Official Opposition. He always said that we should be devolving funds. Now that he was given the opportunity, I am glad he did not act like a regular politician by walking the talk and devolving the funds. The Grand Coalition Government has been described as a Government of technocrats assisted by politicians. Governments are supposed to be governments of politicians assisted by technocrats. The Prime Minister and Minister for Finance has moved the power base from the technocrats deciding how the Budget should look like, allocated and reallocated. The move to devolve funds has its challenges in that people in the Ministry of Roads or the Ministry of Education, for example, had to wait for May to do infrastructure development. They had to sit at a Permanent Secretaryâs office to get Kshs200,000 cheque for a primary school. That, however, has been shifted by this Budget. Mr. Temporary Deputy Speaker, Sir, I want to congratulate the Minister for taking the bull by the horns and ensuring that through the Budget, he has shifted the focus from the technocrats in the different Ministries, who are the Government unto themselves, to constituencies. Whereas we rejoice that this Budget has drawn some equity and all constituencies will get equal amounts of resources; we must be weary of the challenges ahead. This is a double edged sword. We do not have sufficient capacities in our constituencies to manage some of the programmes. We have to create a better relationship with the technocrats at the grassroots level so that we are able to achieve that. Mr. Temporary Deputy Speaker, Sir, this is the beginning of us having budgets that are simply rubber stamped by this House. The Fiscal Analysis Bill was passed in this House and as you all know, this is the last Budget whose content we will be hearing about during its reading. The Fiscal Analysis Act is going to allow us to go through these processes where we could do allocations and reallocations. I wish to urge hon. Members to note that our responsibility now could be less criticism and eulogizing or complaining about what the technocrats have put in the Budget and making better contributions to the Budget. On the budget allocated to reforms, I believe that the Kshs2 billion that was mentioned is definitely not sufficient. For us to stir development, we must be able to have a better security system and a better Judicial system. Whereas funding to the Judiciary was increased, that does not solve the problem because the problem in the judiciary and police force is not the money that goes there. It is about the fact that those institutions are dead in terms of the needs that we have as a nation.
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June 16, 2009 PARLIAMENTARY DEBATES 1317
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Mr. Temporary Deputy Speaker, Sir, there is no need for us to put more money in the Judiciary in order to increase Judgesâ salaries, whereas the magistrates and people who do the bulk of the work; clerical staff and the rest, have not had their salaries increased. They have extremely saddening pay slips that as a country, we should not expect the people earning those kinds of salaries to give improved Judicial services. The funds for reforms need to be earmarked for the police force and Judicial staff so that we can improve security and Judicial systems. Mr. Temporary Deputy Speaker, Sir, there is a road I have been talking about for the last seven Budgets. However, it was not included in this Budget. That is the road that was also mentioned by Mr. Jirongo. It is the portion of the road between Merile and Moyale. Kenya was given the same funds as the Government of Ethiopia. However, the road from Addis Ababa to Moyale in Ethiopia was finished 20 years ago. It is now being recarpetted. In addition to that, the business from Ethiopia that goes through Mombasa would only be cost -effective if that road was done. Kenya should be looking at Ethiopia as a market. Ethiopia and Somalia cannot be compared in terms of market; there are 80 million people in Ethiopia. That, therefore, is a much bigger market than that of Modogashe Road that is going to attract a population of less than 10 million people. Mr. Temporary Deputy Speaker, Sir, I would like to urge the Deputy Prime Minister and Minister for Finance in his discussions with development partners to prioritize the remaining portion of the Moyale-Isiolo Road so that we can tap into that 70 million population on the other side. I would like to talk about the issue of vehicles with the engine capacity of 1,800cc. The Members of the Cabinet who have appeared on television declaring that they need those vehicles to go to their rural home or to do out of town work should know that the work they are doing outside in these areas can be done using four-wheel vehicles within the provinces. They do not need to maintain the 3,500 cc Mercedes Benz cars that only give them an image around town. This has been done in Rwanda and Eritrea. The police should confiscate any of those vehicles which may be used after the end of this month. That is how it was done in Rwanda and it was very efficient. That is the only way we can be seen to be very serious and sympathetic to the situation of Kenyans. As hon. Jirongo said, we got the Kshs3.3 million grant for purchase of vehicles. You can go where you want. All you need is to give up these Mercedes Benz cars that I am told are intended to equalize the financial base of the Ministers. I do not think that is a good enough reason to deal with that issue. The Deputy Prime Minister and Minister for Finance talked about the need for environmental conservation and the fact that natural resources are closely linked to all our economic basis, agriculture, tourism and the rest. For that reason, I want to say that we need to think outside the box as the Ministry of Environment. Every Member of this House last week spoke about the need to conserve the Mau Forest. However, there is one important aspect that is hindering us from moving forward on this important matter; that is the fact that the technocrats who are advising the two principals are still having an old mindset about conservation. When they talk about conservation, they actually are talking about protection. They mean that we should protect the environment and leave it hivyohivyo as the former President used to say. Conservation has moved on where human beings and natural resources can interact in such a manner that is beneficial. Whereas we are talking about evicting people from the Mau Complex, why can we not place a tree
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June 16, 2009 PARLIAMENTARY DEBATES 1318
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planting task on the people living in the Mau Complex so that we can use the extensive human resource in that area to do the reafforestation rather than remove them when we know very well that our countryâs Budget will not afford to buy them the extra land they require when we remove them from the Mau? As the Deputy Prime Minister and Minister for Finance thinks outside the box and devolved funds, the Ministry of Environment and Mineral Resources needs to shift its concentration from protection of the environment to conservation. The conservation world moved from protection to conservation over 20 years ago. I would like us to do this so that we save the money we intend to use to buy land for the people we have been evicting from forests. We should use the resource that is abundant in this country, which is our population, and in this case, the population which is in the Mau Complex. I would like to commend the Minister for allocating more funds to both the Women Enterprise Development Fund and the Youth Enterprise Development Fund. I hope that just like the Youth Enterprise Development Fund, the Women Enterprise Development Fund will look at partnering with Sharia compliant financial institutions so that communities that are not allowed to take interest are able to benefit from this resource. In light of this, there was an allocation in the Supplementary Budget towards helping the livestock sector. I would wish that if there is any money that can be spared, it should be given to the Kenya Meat Commission (KMC) so that it can buy livestock that is dying and impoverishing the pastoralist communities. With those few remarks, I beg to support.
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Cecily Mbarire
(The Assistant Minister for Tourism)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this Motion. On the onset, I would like to start by thanking the Deputy Prime Minister and Minister for Finance for crafting a Budget that gives Kenyans hope. It also made us know that it was not all lost, despite the negative information we get through the media about the state of our economy and the financial state of our country. I would like to start by saying that this Budget proved to us that there is a lot of money in this country, if only it is channelled to the right places. This Budget dealt with the issue of devolution as a way of dealing with inequity and inequalities across regions and constituencies. Through this, it is clear to all of us that even before we get to a point where we need to come up with a new constitution, devolution is the way to go. We do not need to get to a point where we need to have a law that strictly talks about devolution. The Minister has gone ahead of all of us in terms of actualizing the concept of devolution as the way to empower Kenyans and build Kenya. I hope as Members of Parliament, we will not hear again about the pros or cons of devolution and people saying that it is not the right way. I think this Budget has proved that short of devolution, Kenya may never grow. The Deputy Prime Minister and Minister for Finance dealt at length with many issues. However I want to concentrate on one issue that I thought this Budget did. This Budget came up with a big opportunity for the young people at grassroots level. Why do I say so? If you look at how much money is going to the constituencies through the CDF and the issue of building Jua Kali sheds and making sure they are equipped, and the money that was going through the District Roads Committees that will now go to the Constituencies Development Committees, and the issue of the nurses and the teachers
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who will be employed, I think we now have a way of sorting out unemployment issues in this country. I want to give an example. I think if we are coming up with a Jua Kali shed with all the necessary equipment to make it run, we need to make it a condition, and I would like the Deputy Prime Minister and Minister for Finance to hear me on this one; that, young people are given part of the contracts. If the CDF is procuring desks for secondary or primary schools, Jua Kali sheds should be used to bring together young people who can do carpentry and welding and ensure that most of these projects go directly to young people. That way, we will be creating employment opportunities for them. Mr. Temporary Deputy Speaker, Sir, on the issue or roads and the money for the District Roads Committees that has come to the CDF, we need to make sure that as much as possible, we use manual labour so that we employ young people at the constituency level. Over and above all these, and the most critical one, knowing that the fiber optic cable is finally here and sooner or later, it will be getting to the various villages in the country, as we put together these digital villages, we need to look at how we can come up with outsourcing centres in each of the constituency as a way of creating employment for young people. I have heard a lot of positive aspects of this Budget as far as devolving money is concerned. There are also valid concerns on how this money will be managed. Many people do not think that we, politicians, can use this money wisely. Therefore, as a way forward, I want to, first and foremost, support my colleague who spoke before me and said that there is need to have a seminar for all Members of Parliament so that we can clearly understand what needs to be done in terms of management of those devolved funds and those which come through the line Ministries, what role Members of Parliament and CDF Committees will play so that we use that money well. More importantly, I think there is need to build the capacity of the CDF committees and the project committees that receive the money so as to implement the projects, so that it can better use this money. I want to support a colleague who spoke earlier and said that if we truly want to go the devolution way and ensure that we use the money well, we must support the structures that are on the ground for using this money. Therefore, I support the idea of setting aside some kitty to support the sub- committees or committees that are at the grassroots level that manage this money, and especially, as far as monitoring and evaluation of the usage of the money is concerned. That will help a great deal because I have had a problem of sending my committees to work, but there is no money to pay them. A small stipend will help them do this work more diligently, have the morale and follow up on how the citizensâ money is being used.
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[The Temporary Deputy Speaker (Prof. Kaloki) left the Chair]
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[The Temporary Deputy Speaker (Mr. Mbadi) took the Chair]
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Mr. Temporary Deputy Speaker, Sir, I also think that we need to come up with a clear monitoring and evaluation strategy for each of these projects and a mechanism to ensure that this money is used well and people become accountable. I know that even
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annual audits are not being done unless Members of Parliament go out of their way to audit their Constituencies Development Fund (CDF) accounts. Therefore, we should ensure that at the end of every financial year, we get timely audit of our projects.
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The other issue is timely disbursement of this money. I know last year was a difficult year. We will be inefficient in implementing these projects if we get the bulk of the money at the end of the financial year.
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Mr. Temporary Deputy Speaker, Sir, let me also talk about the issue of cutting down on Government wastage. I know we need to tighten our belts as public officers. I also know that many of us are used to the big vehicles. However, it is time we realised that this country needs to go a step further and sacrifice certain luxuries for the sake of the nation. I have a big car that belongs to the Government which will be taken away. However, if that will ensure more money to my constituency, then it is a luxury worth doing away with. All of us as Ministers and Assistant Minister must embrace that proposal so that we have less wastage and more money can go to our people through devolution.
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Mr. Temporary Deputy Speaker, Sir, I would like to mention one aspect that has not been mentioned, and I applaud the Deputy Prime Minister and Minister for Finance for it. He has set aside a fund for the physically challenged persons in the country. Sometime last year, this Parliament passed the Persons with Disability Bill, but not much has been done to help these people who are physically challenged but can do certain things to earn a living. Therefore, I applaud the Deputy Prime Minister and Minister for Finance for setting up the fund of Kshs200 million. That has not happened for a long time in this country. I do not remember a revolving fund being set up to cater for the needs of the disabled. This is the way to go, so that they can also feel that the country cares and thinks about them.
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Mr. Temporary Deputy Speaker, Sir, I also support the idea of a light rail transport system within the City. Nairobi City has become a nightmare for motorists and any other person who lives in it. The way to go about this problem is to come up with the rail transport. I have heard many people say that they do not think that this is achievable because they are not used to such things happening. However, we should encourage this Government to take that route in order to decongest the City. The Government should ensure that the rail transport not only cuts across the City, but also links different towns in the country. I remember sometime last year, we visited Spain. The head of delegation was the current Deputy Prime Minister and Minster for Finance, who was then the Deputy Prime Minister and Minister for Trade. We travelled by train for only three-and- half hours from Madrid to a city that was as far as Mombasa is from Nairobi. I remember as we were travelling, we were looking at that wonderful technology and asking: âWill we ever see this happen in Kenya?â Since he is now here as the Deputy Prime Minister and Minister for Finance, and we are discussing with him about the City, he should not forget what we saw in Spain and what we wished for Kenya to be. He should make sure that, that becomes a reality at one point because he is now in office.
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Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support.
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Nicholas Gumbo
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to support the Budget Speech, as read by the Deputy Prime Minister and Minister for Finance last week.
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Mr. Temporary Deputy Speaker, Sir, listening to the Deputy Prime Minister and the Minister for Financeâs Speech, I noted that one of the key goals of the Budget for this year, was to broaden economic opportunities for all Kenyans. In essence, this is a very good goal for the Government. But my thinking is that one of the areas that the Government has neglected over the years and has made it difficult to broaden economic opportunities for Kenyans, is exploitation of the natural resources of this country. In my constituency, for example, there are companies that have been operating there for nearly 30 years in the name of prospecting for gold. The Government apparently, does not show an interest. It continually carries out the products of the mining to other countries in the name of testing. I think these are a lot of resources wasted for Kenya. I think the Deputy Prime Minister and the Minister for Finance should have been bold and in the Budget, allowed for something that Kenya has not done since we became independent; that is, conclusive resource mapping for the whole country. It is a pity that as we speak here today, this Government has no idea which part of the country has which resources.
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Mr. Temporary Deputy Speaker, Sir, I also noticed that the key thrust of the Deputy Prime Minister and Minister for Financeâs Speech was an attempt to deal with inequality in the country and address the existing regional imbalances. If you recall, 18 months after Kenya became independent, the famous Sessional Paper No.10 of 1965 was written. It has been hailed as an economic blueprint for Kenya, especially soon after Independence, but it had major weaknesses. One of the major weaknesses of that Sessional Paper was to classify Kenya into two categories; that is, high and low potential areas. The aim then was to try to direct resources into the so-called high potential areas where maximum returns were expected. I think this was a major weakness, but one could understand from the fact that Kenya was only 18 months old at the time when Sessional Paper No.10 was written and, therefore, this could be forgivable. However, it is unforgivable that such a major weakness has existed in our policies for over 46 years. I think in the Deputy Prime Minister and Minister for Finance trying to deal with inequality and address the imbalances in our regions, for the first time, he is trying to address that major weakness in Sessional Paper No.10 of 1965.
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Mr. Temporary Deputy Speaker, Sir, the Budget clearly aims to devolve resources to the constituencies. This is a very good thing. I agree with my colleagues who said the Minister needs to call for a seminar, so that he can explain how exactly these resources will be utilized at the constituency. It is clear that the Constituencies Development Fund (CDF) and the Road Maintenance Levy Fund (RMLF) shall be disbursed through the existing CDF structures. That is very clear. However, the other resources are to be disbursed as per the CDF framework. There is a difference. In my constituency, we are undertaking CDF projects and at the same time, we also oversee projects undertaken by the Ministry of Education. What I have never been able to understand is why through CDF we are able to build a classroom at a cost of between Kshs400,000 and Kshs500,000, where as I have not seen the Ministry of Education build a classroom at less than Kshs800,000! This is the same environment and workforce. This disparity clearly shows that the CDF funds are better utilized than those funds that are put into the hands of the departmental heads of Ministries.
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[The Temporary Deputy Speaker (Mr. Mbadi) left the Chair]
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[The Temporary Deputy Speaker (Prof. Kaloki) took the Chair]
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This cannot be gainsaid. I am a member of the CDF Committee. We have been making travels throughout the country and we have seen constituencies in this country where in 45 years of Independence, only two secondary schools have been built. But in six years of CDF, the number went up from two to five. This was an increment of 150 per cent. For me, the CDF is doing a lot of good. It is not enough to just disburse these funds through the CDF framework. I think the role of the Member of Parliament clearly needs to be stated in the utilization of these devolved funds. As far as the public is concerned, all these funds are coming under the ambit of the MP and that needs to be clarified. The role of the MP should be clarified other than just sitting as a bystander.
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Mr. Temporary Deputy Speaker, Sir, I laud the Ministerâs budgetary provision for agriculture. But looking at where we are coming from, the famine that has faced this country, I thought he should have provided more funds, especially in bringing more land into cultivation. This was missing. We are Africans and this is something we cannot change. This obsession with maize, wheat and rice needs to be addressed by the Government. Let us see the Government boldly encouraging Kenyans to do more farming in traditional foods. I can tell you for a fact that where I come from in the days when people used to put more emphasis on millet and sorghum than maize, hunger was close to being a thing of the past. We need to see more innovativeness in the way the funds that go into the Ministry of Agriculture are utilized.
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Finally, the mainstay of my constituency is fishing. As a matter of fact, we have nearly 50 kilometres of shoreline in my constituency with over 30 fish landing beaches. The big problem for us as fisher people is access to those fish landing sites. Whereas the Minister has done well and boldly provided for the Ministry of Fisheries Development in allowing for the aqua culture to foster in these areas, I think we would have been happier to see the idea of access to this fish landing sites being addressed more boldly. As you know, fish is a very perishable product. The biggest problem we have during the rains is how to access the markets. The roads become impassable. I think a specific allocation by the Minister should have been made to improve the road network into the fish landing sites.
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With those few remarks, I beg to support.
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The Assistant Minister, Ministry of State for Provincial Administration and Internal Security (
Mr. Lesrima): Thank you, Mr. Temporary Deputy Speaker, Sir. I begin by congratulating the Deputy Prime Minister and Minister for Finance for this revolutionary and unique Budget. It is revolutionary in the sense that it puts a lot of emphasis on control of resources in the hands of our people. The Prime Minister of India, in 1990, was heard to say that if only 20 per cent of the Budget can reach the people of India, he would be a very happy man. The reason was because of the level of corruption in India to the extent that leakages were less than 15 per cent budgetary resources reach the people. So, what was the solution? The solution was to involve Members of Parliament in a supervisory role for the resource management
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at the constituency level. A large number of Indian Members of Parliament in the 1990s was not able to come back because of their inability to manage resources effectively. In the year 2004, I had the opportunity of meeting the retired Speaker of the National Assembly of India. I questioned him on what percentage reached the Indian people and he told me 44 per cent. I do not have the latest information, but I am sure they have improved since then.
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The hon. Member who spoke before me indicated the increase in number of secondary schools in his constituency over the last six years compared to the number of schools since Independence. I believe he quoted a figure of 150 per cent increase. So, the question of devolution is really very important. But there are challenges in this Budget. One of the challenges is, of course, the question of cash flow. Will the Kenya Revenue Authority (KRA) collect all the revenues? Shall we be able to strengthen the Kenya National Audit Office at the constituency level, so that the funds are audited properly? Will governance be strengthened generally, so that we can also strengthen the capacity? We also need to sensitize bureaucrats because they still believe that the funds should be under their control. So, those are the challenges we expect to face.
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Mr. Temporary Deputy Speaker, Sir, we were so much excited about the amount of funding coming to the constituencies. But I think the Minister needs to come out later on to provide a list of what actually comes to the CDF and what comes in the name of constituency. I am aware of another fund named Constituency Bursary Fund. We know the regulations governing selection of that Committee. We also know regulations governing disbursement of those funds emanate from the Minister for Education, but quite often, it is the Member of Parliament who is criticised when the bursary fund is not disbursed. It is, therefore, important that we have that list. We need to come out very clearly, so that we know what we control as Members of Parliament and what we do not. A good example is the current Kazi Kwa Vijana programme, there is Kshs15 billion to be disbursed between now and September. I am told also in this Budget another Kshs15 billion has been factored. So, Kshs30 billion has been factored for this programme. These monies will come through various Ministries and parastatals. But again, governance issues are not very clear there. This is because we are aware that at the national level it is the Prime Minister who chairs the Committee of Ministers. At the provincial level, it is the Provincial Commissioner. At district level, where the money will be utilized, it will be the District Commissioner who will be in charge. So, we must very careful that we are not creating a District Commissionerâs Fund (DCF) which would be in competition with the CDF.
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Mr. Temporary Deputy Speaker, Sir, I wonder how many hon. Members are aware that the District Commissioners, at the moment, are being inducted on utilization of these funds from various sources. I wonder how many hon. Members have been invited to these induction programmes. So, if we are not careful, we will create a District Commissionerâs Fund (DCF). We must avoid this because we will be going back to centralization of funding. We would also like the Minister to look at the numbers. The law says 2.5 per cent of the total collected revenue. We know that what we are entitled to should be Kshs13.8 billion as opposed to Kshs12.5 billion in the Budget. I must congratulate the Minister for thinking about tourism. He increased the development fund from Kshs438.5 million to Kshs1.27 billion. This is a good improvement and we would have wanted to see more funds directed towards Tourist
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Trust Fund (TTF) because only Kshs160 million was allocated. We also want to see more funds directed to conservancy, particularly in those areas where communities are trying to conserve wildlife for earning revenue from tourism. Mr. Temporary Deputy Speaker, Sir, in terms of the environment, we would have wanted to see funds increased to operationalize the Forest Act, 2005 so that we can protect our forest and involve communities in the management of the forest as per that law. I must also congratulate the Minister for allocating funds towards peace. He mentioned that he will bring young people together with chiefs to manage some aspects of security matters. I hope that the peace committees will be involved at the district level. I also notice that police funding has come down and I hope that the matter will be revisited during the revised estimates. It is also encouraging to note that the Internally Displaced Persons (IDPs) funding has been increased. I would like the Minister to think about IDPs in the three Samburu districts and in Marsabit because we do have IDPs there. Although they are not post-election IDPs and although the conflict is connected with land and resources, they are political in nature by all definitions. So, we would want them to be included in the funds for IDPs. There are huge camps in Marsabit and Samburu. Mr. Temporary Deputy Speaker, Sir, livestock also requires some support but only the stocking is mentioned. It mentions stocking and not restocking. We want the Minister to think about disease control, livestock marketing and generally ranch management. I must congratulate the Minister for increasing infrastracture funding to 16 per cent. There will be the usual challenges of contractors and procurement arrangements where, for example, we design roads and wait for two or three years before construction. I hope that the Ministry will do both at the same time. They should get a contractor to design and build at the same time. While at that, I hope the Minister will remember the Maralal-Rumuruti Road which leads to my constituency and which has been in the books since 1994. Mr. Temporary Deputy Speaker, Sir, with regard to teachers and nurses, this is a very good message. Teachers and nurses will be employed but the idea of being employed on a temporary basis is not welcome news among the teachers and nursing fraternity. I think this should remain a permanent feature. Finally, I want to talk about Information, Communications and Technology (ICT). We are very much encouraged by the resources supplied through digital villages, digital laboratories, hardware and software for schools. We hope that the Government will increase resources for infrastructure development, in particular, to power supply because without power, you will not be able to drive ICT. With those many remarks, I beg to support.
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Francis Chachu Ganya
Mr. Temporary Deputy Speaker, Sir, I want to congratulate the Deputy Prime and Minister for Finance for a revolutionary Budget. I think we have had 45 annual Budgets since we gained our Independence in 1963, but for people of North Horr, whom I represent in this august House, this is the only Budget that would have meaning for them. It is the only Budget which they can associate with and see tangible gains for them. Today, as they sit under acacia trees in northern Kenya, they will be talking about model schools that they are going to build for their children next year. They will be talking about the only health centre, worth Kshs20 million that they are going to build in North Horr. They will be talking about 20 nurses and 50 teachers that they are
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going to employ within their constituency this financial year. They will also be talking about two primary schools among the 15 others that they are going to rehabilitate with Kshs7 million. That is why I am saying that this is the only Budget, out of the 45 annual Budgets that have been read in this august House, that the people of North Horr will associate with because it has some tangible meaning and relevance in their lives. Mr. Temporary Deputy Speaker, Sir, I want to congratulate the Minister because he did this under very difficult circumstances. We know of the global economic crisis, the crisis that we had after the election last year, not to mention the long standing problems with IDPs and the devastating drought that is having a negative impact to over 10 million Kenyans. Those 10 million Kenyans are almost losing their lives. Under all these difficult circumstances, the Deputy Prime Minister and Minister for Finance was able to raise funds and devolve them to all corners of this country, that is, 210 constituencies in this country. This is a revolutionary Budget which is going to have a major impact in the whole country. The major problem that we have faced as a nation in terms of development is lack of equity in resource allocation. When it comes to sharing our resources equitably in this country, for the first time, the Minister for Finance has tried to address this problem where all corners, all people and all communities can say that they have something to be proud of in this annual Budget. Mr. Temporary Deputy Speaker, Sir, the focus on constituencies is welcome. If we are serious about devolving resources, then the constituency is the best way to go. I applaud the Deputy Prime Minister and Minister for Finance for doing this. The Constituencies Development Fund (CDF) was only allocated Kshs60 million in 2003, which was the first year, but today Kshs86 million is being allocated. These funds can make a difference in our constituencies. We shall be able to invest in our human resources through the CDF Bursary Scheme, since the allocation has gone high. The funds that will be available will be more and through that we shall be able to invest in our youth in secondary schools, tertiary colleges and universities. Those are the most important assets for any nation. This Budget will enable us to invest in our youth. As hon. Members, we have had so many problems with our roads engineers because they control these funds sometimes without much input from our side. In my own constituency, I have had problems where people are coming from as far as Embu and Meru to do contracts in North Horr and the northern parts of this country where we have very competent contractors who can easily do those jobs but just because as hon. Members we did not have full control over those funds, our people were not able to get those contracts. Today, since these funds will be channelled through the Constituencies Development Fund (CDF) and our own people will be in control of these resources, for sure, that will be a problem of the past. Mr. Temporary Deputy Speaker, Sir, I think the Minister did an amazing job in financing infrastructure in our country. If we are to have development in this country, some key sectors of our country must be targeted. The education sector, not to mention the health sector, and investment in particular food security, where he invested about Kshs3 billion in irrigation schemes such as Bura and Hola, among others, is a very welcome idea. I think with this kind of initiative, maybe by 2012, we will be a net food exporter instead of importing food almost all the time when the drought kicks in.
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I also want to congratulate the Minister for investing money in our environment. Environmental conservation is a cornerstone for any sustainable development. By providing funds for promotion of renewable energy, the Minister, for sure, cared for our environment. We will be investing over Kshs400 million to install solar panels in the northern part of Kenya and other arid areas. This, for sure, will go a long way in enabling our children to study at night. It will also enable our dispensaries to open at night as we care for the sick ones in our communities. The whole idea of availing funds for planting of trees in our constituencies is a very good idea because it will enable us to turn our country green. In particular, I want to congratulate the Deputy Prime Minister and Minister for Finance for the special support he gave to the Kenya Red Cross (KRC). As an hon. Member representing a very marginal area where insecurity is a major problem; where the disasters such as frequent and recurrent drought is a major problem, the KRC has done an amazing job supporting lives and livelihoods and so many Kenyans. Many lives would have been lost during insecurities when we have had cattle rustling but because of the KRC, we have managed to save so many lives as we flew those who were injured to Nairobi and many other hospitals in different parts of this country. For that particular reason and many others, I want to really congratulate the Deputy Prime Minister and Minister for Finance for investing and supporting the KRC by providing them with those exemptions. Mr. Temporary Deputy Speaker, Sir, for sure, with all these resources that are being devolved, we will be facing some serious implementation challenges. The technocrats at the district level will not be very happy to see all these funds going through the CDF where they have minimal control. They have to be capacitated to understand these mechanisms so that they will support this process instead of possibly sabotaging it. Capacity building for our Constituencies Development Committee (CDC) will be very critical if we are to absorb in a timely manner these devolved funds. It is very important for us to understand that devolution of resources to our constituencies must be accompanied by solid accountability mechanisms, if these funds are going to realize the kind of gains we would like to see.
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I would have liked the Minister to consider investing in northern Kenya through the Ministry of State for Development of Northern Kenya and Other Arid Lands. This year, as it was last year, the amount of funds that have been allocated to this particular Ministry that is supposed to spearhead development of northern Kenya is very minimal. I hope that when the Minister will be reallocating funds later on, he will consider investing some more money in the Ministry of State for Development of Northern Kenya and Other Arid Lands. While the Minister has invested quite a good amount of money in agriculture, tourism and dairy, very little has been invested in the livestock-based economy. This makes you wonder whether this country has given up completely on livestock economy. Many countries in the world, including Botswana and others, have managed to make so much revenue from their livestock economy. I am sure that in Kenya, if we have our priorities right, we can make serious revenue from our livestock- based economy. I really hope that the Minister will consider investing more in future in livestock-based economy.
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Mr. Temporary Deputy Speaker, Sir, while I welcome so much the devolution of resources to the constituencies, I would like the Minister, as he devolves the funds in future, to have the principle of affirmative action where the most marginalized
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communities; the ones that have historically been marginalized like my constituency, North Horr and many others in northern Kenya will be considered among others. While for the others they will just be having another modern secondary school among the 20 they already have, for North Horr, it will be the only one. It is true that in terms of health centres, I really hope that the concept of affirmative action will be adhere to.
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With those few remarks, I beg to support.
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Josephat Nanok
(The Assistant Minister for Forestry and Wildlife)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this Motion. I want to join my colleagues who have spoken before me in congratulating the Deputy Prime Minister and Minister for Finance for presenting to Kenyans a Budget that to the extreme has devolved Government revenue down to the grassroots. I say this because this is the first time that we, who represent areas that have always been marginally under-represented, feel that we have been equitably allocated resources alongside all the other areas that have always been benefiting from Government revenue which is generated from every single Kenyan. In fact, as my colleagues have said, it also lays the foundation for the devolution that we envisage would be coming once the Constitution is revised. The biggest responsibility for hon. Members is oversight, not only for national level issues but also implementation of Government projects at the constituency level. The devolution of resources down to constituencies will enable us to execute the oversight responsibility on how these funds will be utilized so that they can benefit mwananchi. Of course, we will be bringing the feedback here and also share with colleagues in the Government.
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Josephat Nanok
(The Assistant Minister for Forestry and Wildlife)
Secondly, I know that there have always been about 14 devolved funds which are managed differently and I can see from this Budget that more of the funds have been devolved I think there is need to harmonize all these funds so that, at least, we can also cut down the administrative costs. I guess that is an area which the Minister has to look into. All these devolved funds will have an administrative cost and as such the Minister needs to find ways of putting them under one framework so that we can cut down on the administrative costs. If this is done, then it could be a very big area that will contribute towards reducing wastage that we realize has been existing. In addition to that, I think it is also important to re-look at the cost of monitoring and the administrative cost for managing the implementation of some of these projects, particularly those falling under the CDF. I know we have had an allocation of 3 per cent going towards administration, monitoring and evaluation which has always been very inadequate. This is not enough to enable the staff working in the constituencies to make sure these projects are implemented on time and effectively. If the Minister can see whether this can be enhanced, we will appreciate.
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Josephat Nanok
(The Assistant Minister for Forestry and Wildlife)
I would also like to advise the Minister that although funds are being devolved, we have fears that a bigger percentage of these funds could be brought towards the end of the financial year, which means that constituencies may not have the capacity to implement projects within two or three weeks. But if we can develop together a quarterly basis of disbursing and monitoring those funds, I think it can easily help much more on the ground. Mr. Temporary Deputy Speaker, Sir, an amount of Kshs2.2 billion has been allocated to the Internally Displaced Persons (IDPs) and that is laudable. But I wonder why that money has been allocated only to post-election IDPs in Uasin Gishu and Molo
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and yet, this country has so many categories of internally displaced people. Apart from the very recent ones of post election violence, we also have tens of thousands of IDPs as a result of the ongoing cattle rustling conflicts. What do we do to those people? Can we also consider them in those funds? If not, could the Minister look for additional funding so that, at least, those IDPs can also be enabled to resettle back? In areas where some hon. Members and communities are trying to look at the resettlement of their displaced communities, could the Government support those efforts? That is particularly in areas where we have joint efforts to open up agricultural schemes that had been abandoned because of insecurity. I think we will appreciate if the Minister could be able to assist in that regard.
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Mr. Temporary Deputy Speaker, Sir, let me also touch on conservation, particularly in the Ministry of Forestry and Wildlife, where I serve. I realize that the amount that has been allocated to that particular area of conservation is almost equal to the same amount that was allocated in the last financial year. That allocation, Mr. Minister, is actually inadequate. Given that our tourism relies on wildlife; and that, all the other sectors of the economy like agriculture, water and energy rely on the conservation of our forests, I do not see us, with only Kshs1.8 billion, being able to conserve all our water tables to a level that we can adequately say it can support all the other sectors. So, I will ask the Minister to look into ways of enhancing that amount so that, at least, what had been requested by the forest sector to operationalize the Forest Act â an amount of Kshs4.5 billion or, at least, even 60 per cent of that amount â can be made available. But so far now, it is less than 45 per cent that has been made available.
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The other point that I would like to bring forth is that I laud the Minister for enhancing security, particularly community policing. In the area that I represent in northern Kenya, we have a system of the Kenya Police Reservists (KPRs). That is the only effective community policing that is in place. The regular policemen, so to speak, do not have the resources to provide the security to the Turkanas in my own constituency. So, the reliance has always been on the KPRs, who are very few. It has been said every now and then: âLet us increase their numbers and make sure that we give them adequate training so that they can work hand in hand with the regular police to be able to provide security to Kenyans and their livelihoods.â I do hope that, in this House, when we come to re-look at the Police Act, we will be looking at how we can enhance community policing so that, at least, we can expand it and give training to those who are actually helping to provide security at no cost at all.
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The other issue that I want to touch here is about wastage. I know a lot has been mentioned by my colleagues about the return of vehicles. Yes, it is laudable for Ministers and other senior Government officers who are having two or more vehicles to return them, so that we can reduce the cost of running the Government. But I would like to ask the Minister to consider certain Ministries that are, more or less, rural-based. I see a contradiction in the Ministerâs Speech. Number one, he has said that there will be no purchase of any new vehicles. Number two, he has said that all vehicles exceeding 1,800 cc have to be returned. You have frozen the purchase and then you are saying âReturn all vehicles above 1,800 ccâ. There is no single Government Ministry, including parastatals, that has a huge fleet of vehicles below 1,800 cc. Basically, what it means is that they will have to purchase those vehicles! So, I need the Minister to clarify this and also, to consider the fact that, certain Ministries, whether we like it or not, will definitely use
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vehicles that have a capacity of more than 1,800 cc. That is because of the nature of the work that they do. For instance, in my own Ministry, how will I be expected to plant trees or to monitor what is happening in the forest sector if I do not visit the Mau Forest, Mt. Kenya Forest or Cherangany Hills? During the rainy season, what will you do with a vehicle with a capacity of 1,800 cc that may not be able to go through those difficult roads? So, this is something that the Minister has consider.
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The Provincial Commissioners are the chairmen of provincial security teams in their areas. The District Commissioners are also in charge of their districts. You can imagine if there is an incident of insecurity in a certain constituency and he has to get there and the roads are very bad. How can he or she use a small vehicle to get there and yet, the roads have not been fixed? So, I urge the Minister to consider that so that, only Ministries that are within major towns and the City here can use vehicles limited to that engine capacity.
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With those few remarks, Mr. Temporary Deputy Speaker, Sir, I beg to support.
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Peter Njoroge Baiya
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this Motion. First, I want to start by thanking the Deputy Prime Minister and Minister for Finance for the manner in which he presented this Budget, and the bold attempt that he has made, at least, to depart from the old traditional way of doing things. I also wish to acknowledge and accept the context that was set out by the Minister regarding the background upon which he presented the proposals.
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Peter Njoroge Baiya
Mr. Temporary Deputy Speaker, Sir, for the first time, the Minister was very candid in explaining the economic crisis and the way it is affecting Kenya and the Kenyan economy. The world economy is in a crisis and that the world economic growth is expected, for a long time, to decline. That it is not only going to affect developed countries, but also the developing ones like Kenya. The proposals that the Deputy Prime Minister and Minister for Finance expounded reflected a bold attempt to address the challenges and problems we are confronted with as a country. It is true that the problems confronting Kenyans are enormous. For instance, the problem of unemployment was above 50 per cent. We are told by the recent surveys that the situation has improved. However, that improvement only put it at 46 per cent of the total work force. Our situation is incomparable to that in other countries that are said to be experiencing problems similar to ours. Those countries have unemployment rates of between 10 per cent and 16 per cent while ours is over 45 per cent. That presents an extremely deteriorated situation. If this situation is to be looked at clearly, it is incompatible with stability and tranquility in our country. That is why bold actions have always been necessary to redress this situation.
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Peter Njoroge Baiya
Mr. Temporary Deputy Speaker, Sir, with regard to devolution of resources, I would like to join my colleagues in congratulating the Deputy Prime Minister and Minister for Finance for attempting, for the first time in many years, to ensure that extra efforts are made to ensure that these resources reach the grassroot. He pointed out the challenges that we have within the central allocation system. My colleagues have also touched on this issue. It is a problem which I have experienced directly in my role as a Member of Parliament. It has been stated quite clearly by others who have spoken before me that the proportion of resources being allocated by the Central Government that reach the grassroot or the targeted number of people is unacceptably low. At a time when we are faced with an economic crisis like this, it is extremely important that stern measures
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are taken to ensure that whatever the Government wants to achieve, the bureaucratic apparatus of the State do not stand in its way to frustrate these efforts. That means that if the Government wants to alleviate the suffering of people because of unemployment, the bureaucracy will always stand in its way to make sure that those efforts are really frustrated.
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In the recently introduce Kazi kwa Vijana Programme, we have a manual stating how it should be implemented. It states that there should be committees; that is the national committee, the provincial committee, the district committee and so on. In the district committee, Members of Parliament are supposed to be represented amongst other stakeholders. However, it is painful to see how the Government system has been working. It excludes elected leaders and defeats all checks and balances that are meant to ensure that the resources reach the targeted areas. If the Government thinks about alleviation of the sufferings of the young unemployed youth, ask yourself how much of those resources will reach them. If they do not reach the targeted groups, then obviously, the targeted impact will also be defeated and it will never be clear, at the end of the day, who failed. We will not know whether it is the Government or the bureaucrats who sabotaged the Government.
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That brings me to the issue of procurement which the Deputy Prime Minister and Minister for Finance also talked about. It has been in the public domain that there is normally a hurry to procure items towards the last days of a financial year. The Deputy Prime Minister and Minister said that he will require procurement officers to come up with a programme of procurement spread across a financial year. That could be one of the first steps that he really should take. However, unless the process of accountability is also spread out amongst the various key stakeholders, we foresee a situation where even that programme could be initiated well, but the bureaucrats will still be very innovative in terms of trying to defeat it. With regard to the CDF, my argument is that it has had its own challenges as an effort towards devolved funds. I am also aware that certain development partners have not been happy with the evolution of the CDF concept. However, those challenges notwithstanding, it is very important for it to be appreciated. It is on record that 75 per cent of these resources channeled through the CDF reach the targeted group as opposed to resources channeled through the Government which does not even attain 50 per cent in terms of reaching the target groups. So, it is important that we identify and address the weaknesses that we have found in the running of the CDF.
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The most critical thing about the CDF is that it has brought the idea of a representative of the people seeking to identify the community needs from the grassroot. As an elected Member of Parliament, and knowing that the people have the whip, come the next election, the Member of Parliament is best placed to respond to the needs of the community. So, the bureaucrats, be they professionals and so on, who are they accountable to? They are not accountable to the people! We would not agree to lose that innovativeness that the CDF has come up with. We want the weaknesses therein identified and improved.
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Personally I have an experience. We have constructed local roads with the CDF money. We have, for example, used Kshs400,000 to construct a road. Now, what the District Road Engineer would do with that money is just a quarter of that job and yet he is
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the technocrat! I would be more comfortable relying on the local people who know that they are accountable to the constituents. This is very important.
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Mr. Temporary Deputy Speaker, Sir, the biggest wastage in this country is through the resources that are targeted to reach various sectors of our economy but never get there. The money actually goes into the pockets of certain people. That is the highest wastage this country has. In a time of crisis like this, the Government will reap tremendous benefits if it defines mechanisms of arresting this wastage. I am not denying the fact that if Cabinet members use vehicles with lesser capacity we will not reduce waste. It certainly would, but I would like to see the huge wastage within the resources that are allocated but never reach the targeted people being reduced.
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There is another aspect of wastage. Over the years, especially since 2003, we have realised that the revenue base of the Government has been increasing from a low of about Kshs200 billion to almost Kshs600 billion. If you allow wastage to be retained at the same percentage, it will be huge at a time when Kenyans are suffering.
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With those few remarks, I beg to support.
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Prof. Olweny
(The Assistant Minister for Education)
Thank you, Mr. Temporary Deputy Speaker, Sir. I rise to support the Budget Speech. It is interesting to hear hon. Members talk about devolution and yet, in the last Parliament, âdevolutionâ was the most controversial word. It was a very contentious issue. That is why the Bomas Draft failed. That is why the Draft for the constitution failed during the referendum. Now devolution has come back. I do not know whether it came through the back door or the front door but I congratulate the Minister, because he has done what Kenyans have always longed for. It is unfortunate that he is not here to listen to hon. Membersâ contribution. Even his Assistant Minister is not here. Mr. Temporary Deputy Speaker, Sir, devolution of resources is the most modern initiative in development. This is done across the world today. Many countries â both developed and developing â are doing this. We are a little late. I congratulate the Minister for doing that. He has devolved the resources. What is left is just devolving the governance. That is a great achievement for this country. The Deputy Prime Minister and Minister for Finance said that Cabinet Ministers, Assistant Ministers and senior civil servants are wasting Government money by using vehicles which have big engine capacity. It may be so, but I think he did not consider the conditions in rural areas. I do not know how a small saloon car can go through muddy conditions if a senior public officer is required to go to the rural areas. Maybe, the Minister has the picture of the City of Nairobi and neighbourhood of Kiambu, where the roads are good. Mr. Temporary Deputy Speaker, Sir, on the education sector, the Deputy Prime Minister and Minister for Finance did a good job. It is now six years since the Government started funding the Free Primary Education (FPE), and one-and-half years with the secondary education support programmes. One of the problems that we have is quality in terms of the delivery of the curriculum. This is mainly due to lack of personnel. We do not have enough teachers across the country. Even the officers that supervise teachers are not enough in this country. The Government has given quite a bit of money to this sector through three education funds but the most important thing that is yet to be done is improving on staffing. The Minister has made a move towards addressing that problem although I have heard the Kenya National Union of Teachers (KNUT) oppose
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the proposal to employ teachers on contract basis. So many teachers are unemployed in this country. What is wrong in sharing out the little resources to those teachers who are unemployed; so that they get some employment and help us to deliver the curriculum? I think the KNUT leadership needs a little training in this regard. So, the Minister did a good job by availing money for the purpose of increasing the number of teachers in this country. Be they on permanent and pensionable employment or contractual bases, it will help the country. It will improve on delivery of the curriculum. It will give our children a better opportunity of being taught. Mr. Temporary Deputy Speaker, Sir, food insecurity is a major problem for us, particularly given the fact that we do not have enough rain this year. In many parts of the country, there is evident crop failure. Crops are withering across the country. The Deputy Prime Minister and Minister for Finance said that he has put aside some money for Bura, Hola, TARDA, Wei Wei and Kerio Valley irrigation schemes, so as to improve on food production. However, if you look at what he has availed for the agricultural sector in total, you will see that it is too little. It is not enough. We also need money for extension services. That is one of the major issues, apart from the changes in climatic conditions. Lack of adequate extension services is doing us a lot of harm in this country. Our farmers need extension services. If resources will be available, this is an aspect that needs to be addressed in future, so that as we avail agricultural services and other things, farmers can also receive ideas on how to improve their production through extension services. Mr. Temporary Deputy Speaker, Sir, the Minister removed Sugar Development Levy (SDL) on refined sugar and said that this will encourage other investors. To me, this undermines the sugar industry because, the SDL was meant to help develop the Kenyan sugar industry, which is not yet fully developed. It is actually wobbling. It is not doing well. Some of the sugar mills are under receivership. They are not performing well. The SDL was supposed to serve players in the sugar industry. Its removal means that the sugar industry is going to be negatively affected. This is an idea that the Minister for Finance brought forward last year, but it is a bad one. So, this is something that needs to be reconsidered, particularly for the future, so that it is incorporated back. Mr. Temporary Deputy Speaker, Sir, I remember very well that as we were trying to undertake the constitutional reforms at the Bomas of Kenya, towards the end of the exercise, everything fell apart, and Kenya failed to deliver the new Constitution during the last Parliament. If we are not careful, we might fail again because we are talking too much. It is too much talking that led to hostility among leaders and different groups when we were trying to review the Constitution during the last Parliament. There was so much hostility in the leadership of this country that when we went for the referendum, the Government lost. I can still see that scenario coming up, because leaders are talking too much. We have constituted a small body here to help us review the Constitution. Why are leaders talking too much? The talking that they are doing today can lead us to the same problems we had when we were doing the constitutional reforms during the last Parliament. I do not understand why leaders have to talk in the way they are talking today. They know very well that this Parliament formed the committee to help in the constitutional reforms. Why talk in this forum? They go to funerals and talk about all kinds of things. They go to harambees and churches and do the same. Must they say what
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they are saying? These are MPs. I am appealing to my colleague that if we are not careful, we shall not deliver the Constitution again. That is what made Kenya have bloodshed. It is good that the Minister set aside Kshs7.2 billion for reforms. Let us appreciate the move that the Minister made and help Kenya get new Constitution.
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Mr. Temporary Deputy Speaker, Sir, I support.
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Nelson Ributhi Gaichuhie
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this chance to contribute to this Motion. I want to add my voice and support our Minister for the good budget that he gave us. I want to thank him because we have talked about devolution. He has taken a step towards the right direction.
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Nelson Ributhi Gaichuhie
Much has been given to the constituency, but we wish good guidelines will be set so that the mwananchi down there does not think that the whole amount has come to the CDF kitty. It is good if it is well analyzed, so that we know what is coming through the line Ministries and what is coming directly into the CDF kitty.
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Nelson Ributhi Gaichuhie
I also want to ask the Ministries that will be given these devolved funds to involve the CDF committees and District Development Committees (DDCs), so that we can have a say in the devolution of the funds. The Minister also gave a budget of Kshs 44 billion to the Department of Defence. When it comes to internal security which is an equally very important arm of the Government, the funds were reduced which actually affects the state of security. I am not saying that we do not have external forces which are a threat, but internally, we are more threatened than externally. So, I wish he would have given a lot of money to internal security, so that we enhance our security internally. He also added some money to Rural Electrification Programme (REP). I do not think the Ministry of Energy was given enough funds. I thought that by the year 2010, all public schools, public health centres and commercial centres in our constituencies should have electricity, so that we can develop our country. So, I wish that in the next Budget, he could at least add something to the Ministry of Energy. He should also look into alternative sources of energy. It should be well-funded. Research should be done so that we can start using solar energy and wind energy rather than just depending on hydro-electricity. We know very well that our water levels are very low.
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Nelson Ributhi Gaichuhie
Mr. Temporary Deputy Speaker, Sir, when it comes to agriculture, I think it is high time we did radical changes. We have seen a country like Malawi which has really done well. It is now self-sufficient and able to export more than it is producing because it took radical changes. We are a signatory to the Maputo Declaration which requires that we should have 10 per cent of our budget going towards agriculture, but unfortunately, our budget for agriculture is far much below. Wanting to be a self-sufficient country agriculturally, we need to increase the funds that we allocate to the Ministry of Agriculture.
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Nelson Ributhi Gaichuhie
Funds should also have been devolved in the Ministry of Water and Irrigation like other Ministries, so that we have dams, water pans and irrigation schemes in our constituencies well funded and we can start implementing all these good ideas that we have, but we lack funds. I am happy with the allocation to the Ministry of Education. We have been talking about free primary and free secondary education. However, as you realize, the quality of our education has been very wanting. I want to congratulate the Minister because
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thinking of quality centres in every constituency; one secondary and two primary schools, will raise the standards or quality of our education. I am also happy because he has increased the number of teachers to 50 in all primary schools which will result to about 12,000 more teachers. Although they will be hired on contract, we are sure we are going to better the quality of our education. The Minister did not look into the issue of livestock farmers. Currently, many livestock are dying. We did not hear him talk of any funds for the purposes of restocking. It is very unfortunate when you just find carcasses lying around. The Minister should have thought about restocking the livestock. He should also have put aside some money to restock after the rains. We should look into the livestock sector with a view of improving it. Actually, right now the Kenya Meat Commission (KMC) is at the verge of collapse. If we could allocate more money to livestock, I think it would better the lives of people in Arid and Semi-Arid Lands (ASAL). The Minister should also increase funds for Agenda 4 which is one of the requirements for reforms. Agenda 4 should be well funded so that land policy and other agendas are well implemented. Mr. Temporary Deputy Speaker, Sir, on infrastructure, the Minister has allocated fairly better funds towards the development of roads and other needs. However, he should also prioritize roads that have an economic impact in the country. We talk a lot about roads, but the many roads that we are doing are those that have been there time immemorial. It is high time we started opening up our country towards northern Kenya and linking it to other countries like Ethiopia, Somali and Sudan. This would enable our second port that we are talking about be busy. We do not need to put up a big port yet we do not have the demand for the same. If we could link Kenya to other parts of the world or African countries, I think our ports will be okay. With those few remarks, I beg to support.
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Joseph Oyugi Magwanga
Thank you Mr. Temporary Deputy Speaker, Sir, for this opportunity to contribute on the Motion. I have to thank the Minister so much for the Budget which he read last week. The Budget is very okay. It is a balanced Budget which cuts across all the Ministries. It also tried to devolve resources to various areas or the constituencies. This will ensure development is initiated, monitored and supervised by the people who initiate it. Mr. Temporary Deputy Speaker, Sir, we have actually seen some progress since the Constituencies Development Fund (CDF) was initiated. The devolved fund which was initiated by the introduction of the CDF has done a lot of development in our constituencies. Wastage in CDF projects is very minimal compared to those projects supported or initiated by the Central Government. This is because the supervision in CDF initiated projects is very close. People get more concerned and whenever they see a project started, they will come closer to check exactly what is happening. They will be interested to know the exact amount allocated to the project and it will be managed well compared to the money that is channelled through the line Ministries. Mr. Temporary Deputy Speaker, Sir, you will agree with me that Kenya is a rich country that has a lot of potential and resources that if tapped well, this country would be better than any other in the world. The countries which got their Independence almost the same time with Kenya, most of them are now developed. However, Kenya is still a developing country. Why? This is purely because of corruption. For us to develop more
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and do more than what we have done, corruption in this country must be minimized to a certain level. We need to make sure that all the culprits are either jailed or reprimanded to repay back whatever they have taken. You will agree with me that due to corruption, we have lost a lot of resources which if they were to be invested in our industries and education, we would have very many employment opportunities for our people. However, this is not the case. I may be opposed to the Deputy Prime Minister and Minister of Financeâs proposal to withdraw Four-Wheel drive vehicles from the Ministers. This is just because I know that the new modern technology has proved that the Four-Wheel drive vehicles are consuming less compared to the smaller vehicles like Peugeots, among others, because they use the Electronic Fuel Injection (EFI) system. I have experience in that line. I am requesting that we minimize corruption and leave the vehicles for the Ministers to use. You cannot expect a Minister to move in a saloon car maybe to the rural areas where the roads are in a pathetic state. Allow me to say that this country is heavily taxed. The citizens of this country are heavily taxed. If these taxes are not managed well, then we are going nowhere. Unless these taxes are managed well, we will not develop this country. I will encourage the Ministry to manage the taxes well, supervise and improve the monitoring and evaluation of our projects and things will move well in this country. When it comes to borrowing in this country, I read some information somewhere that every new born in this country has a debt of almost Kshs30,000. So, if every new born is already in a debt of Kshs30,000, then we must start borrowing responsibly and investing whatever we borrow wisely, moreso in infrastructure and not to fund Recurrent Expenditure. Instead we better borrow and spend that money on our development projects. This will ensure that we earn some income rather than spend on recurrent expenses or repay some debts.
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Mr. Temporary Deputy Speaker, Sir, in this country we have very few industries which are concentrated in Nairobi and Thika. There are no industries in the rest of the country. We also request the Deputy Prime Minister and Minister for Finance to devolve the investment in industries to the constituency level. This will provide employment opportunities to our youth who are struggling to earn an income.
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As people are moving towards devolution, I would like to say that the activities of the Kenya Ports Authority (KPA) are concentrated in Mombasa and yet we have ports along Lake Victoria. I propose the resources that are allocated to the KPA should also be devolved to the ports along Lake Victoria in order to help them come up. If the people from Mombasa claim that the Port of Mombasa is theirs, then those from Nyanza should also have Lake Victoria Port. If this is done, it will ensure devolution of the KPA activities. Industrialization should also be encouraged at the constituency level because we have agricultural produce. We have to bring our agricultural produce to Nairobi or export it to foreign countries to be processed. We better come up with some small industries in every constituency which can add value to any agricultural produce within the locality.
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Mr. Temporary Deputy Speaker, Sir, I beg to support.
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Robinson Njeru Githae
(The Minister for Nairobi Metropolitan Development)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to make my contribution on this Budget.
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First, I would like to take this very early opportunity to congratulate the Deputy Prime Minister and Minister for Finance, Mr. Kenyatta, for a Budget well done and which is acceptable to everybody. Everybody accepts it even in this House. This shows that Mr. Kenyatta is very innovative. He has come up with new concepts that were not in the previous budgets. This also shows that if given a chance, he can perform even better in other places. This also shows that the youth of this country should be given an opportunity to excel. Sometime, you could have very good ideas but if you do not have an opportunity to excel, then your excellence will not be seen. I am saying this because all the FM stations have all said that this was a wonderful Budget. Even when they ask their listeners to criticise it, not a single person calls to do so. Mr. Temporary Deputy Speaker, Sir, all the sectors of the economy have been taken care of. Not a single sector was overlooked. It is not possible for all the sectors to have equal funds. It is a wonderful idea that none has been overlooked or short changed. Even on demography, not a single age group was left out in the Budget. There is everything for the youth. There is something for the women, disabled and other vulnerable groups. I was away when the Deputy Prime Minister and Minister for Finance read the Budget, but I listened to it on the internet. I was really proud of him, Parliament and the Government for the way he performed.
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Mr. Temporary Deputy Speaker, Sir, you can see that this has shut up the critics. As I said in this House, there appears to be a sustained campaign to show that hon. Uhuru Kenyatta was not competent. I do not know what will be done next. You can see that even the Mars Group which calculated the previous Supplementary Budget line by line using a lot of time and many people had nothing to say on the Budget. I tried to add up the figures in the Supplementary Estimates and found that it would have taken more than six months to do so. The only thing that the Mars Group criticised on this Budget is the creation of the fund to be administered by the Kenya Airports Authority (KAA). This shows that this is a good Budget. Even their criticism of the creation of the special fund for KAA is not tenable. It is not the first parastatal that has been given authority to collect revenue on behalf of the Government. We have the Catering Levy Trustees Fund (CLTF) which collects money from hotels. Therefore, this is nothing new at all. We also have other parastatals that are authorised to collect funds such as the Sugar Development Levy (SDL) which collects money from sugar companies. So, this, to me, is not a genuine criticism. In fact, it only shows that this was a wonderful Budget.
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Mr. Temporary Deputy Speaker, Sir, there has been the issue of vehicles for Ministers. Right from the out set, I must say that I support him. We must also be seen to identify ourselves with the rest of Kenyans. Where a smaller vehicle can do, I think it should be used. In fact, my challenge to him is that he should go ahead and implement the proposal. I think before, 1970, vehicles were purchased by the Treasury and not Ministries. It was possible to standardize vehicles. That is why you find those days, Ministers used to be given Volvos and the police Land Rovers because they were centralised at the Treasury. My challenge to him is to revive that rule, so that vehicles are bought by the Treasury because the Treasury would be able to standardize vehicles. Ministers should have one vehicle, one colour, same engine capacity and same components and improvements. This will go a long way in showing that the Government is not overspending money on the Recurrent Expenditure.
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Mr. Temporary Deputy Speaker, Sir, I am also very happy that the allocation for the CDF was increased. He has become very innovative. One of the reasons the draft Constitution of 2005 did not go through was because of the Majimbo debate. The moment you mention the word â majimbo â to others it means that anybody who is not indigenous to that province should be evicted. It means all the businesses will be restricted to indigenous people. What hon. Uhuru Kenyatta has done is what we have always been advocating, which is economic devolution and not majimbo . Basically, what he has said is that from now onwards, the units of development will be the districts. The unit of development should also be the constituency and local authority. If all constituencies were turned into districts and all districts into local government authorities, then the three arms of devolution would merge. Therefore, we would have our own devolution which is completely different from Majimbo . What he has done is to empower constituencies to employ teachers, nurses and to carry out other development matters. This is what should be developed, so that in the next Budget an amount is taken to the constituency for water and electricity---
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ADJOURNMENT
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order, Minister! Mr. Githae, you will have two minutes next time the debate resumes.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Hon. Members, it is now time for interruption of the business of the House. The House, therefore, stands adjourned until tomorrow, Wednesday, 17th June, 2009 at 9.00 a.m.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
The House rose at 6.30 p.m.
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