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August 19, 2009 PARLIAMENTARY DEBATES 2757 NATIONAL ASSEMBLY
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OFFICIAL REPORT
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Wednesday, 19th August, 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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QUESTION BY PRIVATE NOTICE
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Mr. Deputy Speaker
Mr. Shakeel Shabir!
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John Olago Aluoch
On a point of order, Mr. Deputy Speaker, Sir. Hon. Shakeel is out of the country on Parliamentary duties and because this Question by Private Notice cannot be delegated, he has kindly asked that it be deferred to either Tuesday or Wednesday, next week, at 2.30 p.m., if that will suit the Chair.
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Mr. Deputy Speaker
It is so ordered! The Question is deferred to Wednesday, next week, at 2.30 p.m.
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HARASSMENT OF MOTOR CYCLE OWNERS FOR LACK OF NEW GENERATION NUMBER PLATES
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Shakeel Shabbir
to ask the Deputy Prime Minister and Minister for Finance:- (a) Why are motor vehicle cycle owners, including boda boda operators, being arrested and detained in Kisumu and Mombasa for not having the new generation number plates? (b) Could he confirm whether the Government will provide the plates in time, and whether a grace period will be given within which motorists should comply to avoid harassment and arrest of the operators?
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(Question deferred)
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ORAL ANSWERS TO QUESTIONS
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Question No.242
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ACCESSING OF INFORMATION ON SUPPLEMENTARY ESTIMATES BY MARS GROUP
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John Michael Njenga Mututho
asked the Deputy Prime Minister and Minister for Finance:-
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August 19, 2009 PARLIAMENTARY DEBATES 2758
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(a) under what circumstances computers at the Treasury were accessed and information regarding discrepancies in the Supplementary Estimates obtained by the Mars Group; (b) what security measures the Government has put in place to protect the entire Government computer network; and, (c) whether the Government intends to investigate, arrest and prefer espionage charges against the culprits.
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Oburu Odinga
(The Assistant Minister, Office of the Deputy Prime Minister and Ministry of Finance)
Mr. Deputy Speaker, Sir, I beg to reply. (a) I am not aware that computers at the Treasury were accessed and information regarding discrepancies in the Supplementary Estimates obtained by the Mars Group. (b) The Government has put in place a number of measures aimed at protecting the Government computer network against unauthorized access. These include implementation of high speed Metro-Ethernet fibre optic network that provides a common network for Government offices and the ongoing establishment of a data centre that will store Government information, and provide a single common internet access facility for Government. These facilities will enhance the security of the entire Government computer network by ensuring that Government information is only accessible by authorized users running Government applications. (c) The Government has instituted investigations, following the reported discrepancies in the Supplementary Estimates. Any action to be taken will be determined by the results of these investigations. Thank you, Mr. Deputy Speaker, Sir.
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John Michael Njenga Mututho
Mr. Deputy Speaker, Sir, looking at the Printed Estimates and counting the lines from top to bottom, you will see that you have 26,000 line items. Looking at the entries in that particular document, you will see that you have three columns. You need to be a supernatural being for you to go through that kind of thing and comprehend it in less than three days. Even if you read the document none stop, you cannot do that. The only way we think that the Mars Group were able to get to what they came to was because they had access to either the software or somebody gave them the soft copy of those Printed Estimates. Whichever the case, the Assistant Minister has admitted in his answer to part (b) of the Question, in the last sentence, where he says â--- ensuring that Government information is only accessible---â This means that currently Government information is accessible by authorized users. Read that sentence and understand that you are answering informatively.
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Mr. Deputy Speaker
Mr. Mututho, what is your supplementary question?
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John Michael Njenga Mututho
Mr. Deputy Speaker, Sir, have they already taken people to court because of accessing crucial Government information?
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Oburu Odinga
Mr. Deputy Speaker, Sir, I have said that there is an investigation that has been instituted by the Ministry to find out exactly who might have been the culprit in this issue. As soon as that report is out, we shall decide whether there are people who can be taken to court or not.
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Elijah Lagat
On a point of order, Mr. Deputy Speaker, Sir. While answering the Question, Mr. Assistant Minister said that he is not aware that there was unauthorized access to the Government computer system. He is now telling us that he has instituted
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August 19, 2009 PARLIAMENTARY DEBATES 2759
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investigations. Is he in order to mislead the House that he is not aware and at the same time say that he is instituting investigations?
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Mr. Deputy Speaker
Mr. Assistant Minister, there is a contradiction there!
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Oburu Odinga
Mr. Deputy Speaker, Sir, there is no contradiction. What we are saying is that we are not aware that there was unauthorized access to our computer system. The information that these people might have had was public knowledge, because there were already the Printed Estimates. These people could have compared the Ministerâs figures with those in the Supplementary Estimates and come to their conclusion, because there were discrepancies. It is, therefore, not clear whether these people actually had access to the Government computer network. That is why we have instituted investigations into this matter.
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David Mwaniki Ngugi
Mr. Deputy Speaker, Sir, at the height of the crisis of the computer error and the discrepancy of Kshs10 billion during the Supplementary Estimates, the Deputy Prime Minister and Minister for Finance called in the police. That was three months ago. One of the suspicions was that it was some staff who had committed this error. Is the Assistant Minister telling us that three months down the line, the investigators have not found out who was responsible? If they have not found out, three months down the line, then the culprits are still there!
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Mr. Deputy Speaker
Order, Mr. Ngugi! You have asked your question. In any case, the Assistant Minister has told you that matter was public knowledge. They did not have to hack the computers. It was in the Printed Estimates. Maybe what you are talking about is different from the contents of the Question.
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David Mwaniki Ngugi
Mr. Deputy Speaker, Sir, the Assistant Minister says the Government is investigating.
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Mr. Deputy Speaker
Mr. Assistant Minister, would you like to respond?
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Oburu Odinga
Mr. Deputy Speaker, Sir, we are trying to investigate and find out any loopholes in our computer system which might lead to leakages. I have told you that we are instituting new measures which include making the system fool-proof. The investigations are not only looking at the criminal aspect which the hon. Member is interested in, but we are looking at all the issues surrounding that discrepancy. The police are also doing their job. I cannot give the police the time limit as to when they should conclude their investigations.
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John Michael Njenga Mututho
Mr. Deputy Speaker, Sir, the Assistant Minister says he cannot give the police the timeframe within which to complete their investigation. Does he have to wait until the next Budget for them to conclude their investigations or will the investigations be concluded within the two or three months, so that we can prepare ourselves for more discrepancies involving billions?
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Oburu Odinga
Mr. Deputy Speaker, Sir, the replacement of systems to make our computer systems fool-proof is ongoing. The investigations we are instituting are to deal with sealing any loopholes which might affect us in the future. That investigation will be concluded very soon.
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Question No.099
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COMPENSATION FOR KAPTERIK/SHABAN
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August 19, 2009 PARLIAMENTARY DEBATES 2760
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CLANS IN KAPSOWAR
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Boaz Kipchumba Kaino
asked the Minister for Lands:- (a) what compensation if any, was given to the Kapterik and Shaban clans in Kapsowar for the developments they had made in their original homes following their relocation in 2004; and, (b) when they will be given land titles for their current homes as well as the requisite compensation.
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James Orengo
(The Minister for Lands)
Mr. Deputy Speaker, Sir, I am not able to answer this Question. I have talked to the hon. Member about it. The answer I have is totally unsatisfactory. This matter involves several Ministries. I want to give him a comprehensive answer and not pass the buck.
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Mr. Deputy Speaker
When will you be in a position to give a comprehensive answer?
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James Orengo
(The Minister for Lands)
Mr. Deputy Speaker, Sir, on Thursday, next week.
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Mr. Deputy Speaker
Mr. Kaino, are you comfortable with that?
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Boaz Kipchumba Kaino
I agree with that, Mr. Deputy Speaker, Sir.
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Mr. Deputy Speaker
The Question is deferred to Thursday, next week.
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(Question deferred)
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Question No.270
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CLOSURE OF KIRINYAGA CO-OPERATIVE UNION BANK SECTION
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Martha Karua
asked the Minister for Co-operative Development and Marketing:- (a) why the Kirinyaga Co-operative Union Bank section closed its doors to customers in February, 2009, making it impossible for farmers to access their funds; and, (b) what he is doing to ensure that the affected farmers/customers access their savings.
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Linah Jebii Kilimo
(The Assistant Minister for Co-operative Development and Marketing)
Mr. Deputy Speaker, Sir, I beg to reply. (b) Kirinyaga District Co-operative Union closed its doors to customers in February, 2009, making it impossible for farmers to access their funds due to panic withdrawal of deposits from its union banking section facilities in its seven branches namely; Kerugoya, Kagumo, Kiangai, Kibirigwi, Kianyaga, Karumandi and Kiamatugu. The panic withdrawal was triggered by a fraud of Kshs1.3 million on a customerâs account. (b)The Ministry has advised and recommended to the union to carry out an investigative audit, restructure itself and shed off the loss making activities to make it economically viable.
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The Ministry has also given the union a no-objection on the co-operative unionâs management plans to dispose some of its assets to pay off customers deposits. The co- operative union has already invited bidders for the sale of the unionâs assets to improve the liquidity of the co-operative union. The Ministry will continue to monitor and guide the society, so that it can resume its business operations.
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Martha Karua
Mr. Deputy Speaker, Sir, you will notice that this union bank closed its doors in February which is six months ago. Could the Assistant Minister tell the House whether the actions she is taking were taken when this Question was asked and also why the Government has not thought of bailing out the bank similar to how they bailed out Uchumi and the National Bank? We are talking of small coffee farmers whose children are now out of school since February. Could she also tell us how much money is owed to the small-scale banks?
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Linah Jebii Kilimo
Mr. Deputy Speaker, Sir, an inspection was done before this Question was asked. Our Ministry did inspection on 12th May, 2008. After the inspection, there was an inquiry in January, 2009. An inspection is normally done to find out how co-operative societies are operating. During that time, they noticed that there was some malpractice and Kirinyaga Co-operative Union Bank was closed. Our Ministry advised our members to do investigations privately, so that we could confirm the findings of the auditors. On the issue of bailing out the bank, the management had a meeting in January this year. They agreed to suspend all bankâs activities until investigations are concluded. As I speak now, this bank has got about Kshs101,856,481.85 in non-performing loans. There was so much mismanagement of the funds. The board has not yet come to ask whether they can be bailed out or not because the investigation has not been concluded. In 2006, the Government did bail out the same co-operative society with Kshs72,596,413.25. The Government wrote off those loans. At the moment, we are waiting for investigation report, so that we can advise them on what to do. This is one co-operative society that carried out operations out of its mandate. They started investing in other things like growing coffee. That was not their mandate. This was a banking co-operative society. They also put up a plant in Kirinyaga for animal feeds which was not within their mandate.
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Mr. Deputy Speaker
Mr. Thuo.
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(Mr. Thuo stood up to speak from the Dispatch Box)
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Mr. Deputy Speaker
Order, Mr. Thuo! You are not a Minister. You cannot ask a Question from the Dispatch Box. Please, move back and ask your question. The Dispatch Box is exclusively reserved for Members of the Government. Proceed.
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George Thuo
Mr. Deputy Speaker, Sir, if the Government did bail out this particular society earlier and accepting that they were receiving deposits from the public, clearly they failed the same public when it allowed them to operate outside their mandate. Could the Government, therefore, consider bailing them out for a second and final time and even consider closing it down after the small depositors have been paid?
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August 19, 2009 PARLIAMENTARY DEBATES 2762 Mrs. Kilimo
Mr. Deputy Speaker, Sir, co-operative societies operate independently. I cannot stand here and say we will bail them out if they have not made a request for us to do so. That will be up to the board at that time to write to us. It will also be the discretion of the Government to decide what to do after perusing the investigation report. Co-operative societies also operate independently. It is up to them to diversify. It is only when there is a mistake that the Government is brought on board to see what has happened. In this case, I cannot say the Government will do anything until we get this in data. We will only advise them.
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Charles Kilonzo
On a point of order, Mr. Deputy Speaker, Sir. I do not know whether you have heard what the Assistant Minister has said that co-operative societies operate independently which is totally misleading the House. Co-operatives are under the Ministry. That is why the Assistant Minister has a job. Is she in order to mislead the House that co-operatives operate independently?
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Linah Jebii Kilimo
Mr. Deputy Speaker, Sir, I am not misleading this House. Our Ministry gives guidelines, policies, plays the oversight role and trains people on what to do. However, for people to come together to form a cooperative, it is up to the individuals. It is up to the populace of this country to decide that they want to pool resources and do an activity. We then train them on how to do it.
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Mr. Deputy Speaker
Last question, Ms. Karua!
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Martha Karua
Mr. Deputy Speaker, Sir, the Assistant Minister has not answered my earlier question on how much money is owed to the small savers. I also want her to tell the House--- She said that the Ministry only interferes when there is a mistake. Is it not a mistake for the cooperative to mismanage itself to the extent where it has to close its doors before paying members? Secondly, the Assistant Minister talked of an earlier bail out, could she confirm to this House that this cooperative had been transformed into Kirinyaga Farmers SACCO in 1997 and tell us under what circumstances it opened its banking section, only to collapse with the farmersâ money?
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Linah Jebii Kilimo
Mr. Deputy Speaker, Sir, I can confirm that Kshs72 million was paid to small farmers in 2006. Another mandate of the Ministry which could be mistaken is that we do an oversight role. Cooperative societies elect their own managers. Indeed, they recruit their own members of staff. That is where mismanagement comes in. when you look at this cooperative society, it went down because they employed incompetent unqualified staff who could not tell them what was happening. They gave out loans to members who did not have savings. They suffered a lot of problems. Mr. Deputy Speaker, Sir, the union had a non-performing loan of Kshs101, 856,481.85 as at 28th January 2009 with 7,707 farmers. There is also Kshs1, 994,000 which was given out as petty cash to members of staff. There is Kshs1.5 million which is overpaid salary as a result of mismanagement by the people who were running the cooperative. However, as to when they changed from banking to coffee growing the Questioner should ask that specific Question so that I can come with those details. I do not have the correct dates.
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Mr. Deputy Speaker
Next Question by Mr. Chachu Ganya!
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August 19, 2009 PARLIAMENTARY DEBATES 2763
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Question No.231
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COMMENCEMENT OF DROUGHT EMERGENCY LIVESTOCK OFF-TAKE PROJECT IN UPPER EASTERN
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Francis Chachu Ganya
asked the Minister for Livestock Development:- (a) why the Drought Emergency Livestock Off-take Project being implemented through Kenya Meat Commission (KMC) has not commenced in the districts in Upper Eastern Province; and (b) what immediate action he is taking to ensure this project takes off, realizing the exacerbating drought conditions in North Eastern Kenya.
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Mr. Deputy Speaker
Assistant Minister, be precise because you know at 3.00 p.m. we have to go to another Order!
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Aden Bare Duale
(The Assistant Minister for Livestock Development)
Mr. Deputy Speaker, Sir, I will be precise. Mr. Deputy Speaker, Sir, I beg to reply. (a)The Drought Emergency Livestock Off-take Project is an intervention by the Government against drought and famine for the pastoralists in the Arid and Semi-Arid Lands (ASAL) in this country. In this programme, the Government has released Kshs500 million to KMC to enable the commission to purchase and salvage the livestock that is on the verge of death due to starvation. In view of the prolonged drought in the country which has adversely affected the pastoralists, the Government has launched the second off-take programme. To this effect, the Government has further â under this programme - released an additional Kshs500 million loan and Kshs200 million grants to KMC which will cover the entire country. In the second off-take, KMC will purchase each animal irrespective of the size at Kshs8, 000. To cushion the pastoralists further, my Ministry will transport the purchased livestock to KMC free of charge from the producer point in the whole country. So far, in the first off-take, KMC through the Drought Emergency Livestock off-take has purchased 32,260 herds of cattle from 55 districts in the ASAL including Marsabit, Moyale, Chalbi, Laisamis and Isiolo where they bought 3,420 herds. (b)This programme took off in April this year and is still in progress. Under this programme KMC was paying Kshs100 per kilogramme of hot carcass dress weight. Reports from some of these districts indicated complaints that the indication of the livestock body condition was very good and livestock owners were unwilling to sell their animals to KMC by then. Unfortunately the failure of the expected rains in the month of April and May this year and subsequent scarcity of water and pasture has jolted the pastoralists to the need to destock their livestock. Mr. Deputy Speaker, Sir, yesterday in Marsabit, Sololo, Moyale and Laisamis, the programme of buying animals from the pastoralists took off under the launch organized and supervised by the Government through the Head of State. Finally, in mitigation of the prolonged drought, the Government, as a long term measure, has established the Livestock Emergency Fund (LEF) with an initial capital of Kshs265 million. The money will enable the big ranchers through Agricultural Finance Corporation (AFC), to access credit at concessionary rates to purchase livestock for fattening. This credit facility will be processed through AFC.
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August 19, 2009 PARLIAMENTARY DEBATES 2764 Mr. Chachu
Mr. Deputy Speaker, Sir, I would like to thank the Assistant Minister for the response and thank the Government for initiating this project which is going to save livestock in the ASAL worth Kshs5 billion. However, this programme only targets cattle. Some of districts are endowed with goats and sheep more than cows. Could the Ministry include goats and sheep in this programme otherwise this major resource will go to waste?
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Aden Bare Duale
Mr. Deputy Speaker, Sir, it was said yesterday at the launch and I want to assure the Member that cattle, sheep and goats will be bought. If the worst comes to worst, we will even buy the camels.
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(Several hon. Members stood up in their places)
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Mr. Deputy Speaker
Hon. Members, today we have another business to go to! Could Mr. Chachu ask the last question on this?
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Francis Chachu Ganya
Mr. Deputy Speaker, Sir, KMC is the institution that is supposed to implement this programme. However, it lacks the capacity and necessary mechanism to reach all our districts and purchase the animals. What will the Ministry do to ensure that animals will be bought from all the districts in ASAL?
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Aden Bare Duale
Mr. Deputy Speaker, Sir, I agree with the Member that KMC does not have the capacity in terms of personnel. However, I want to assure this House that for this particular programme, our District Veterinary Officers (DVOs), District Livestock Veterinary Officers (DLVOs) and staff on the ground will work and support KMC to make sure that we buy animals from every corner of this country.
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Mr. Deputy Speaker
Hon. Mr. Bahari, you will have only one point of order. The Chair will not entertain any more points of order on this issue because we have another business to start at 3.00 oâclock. Today is Wednesday and it is the Prime Ministerâs day. At the same time, it is a Committee of Supply day.
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Abdul Bahari Ali Jillo
Thank you, Mr. Deputy Speaker, Sir. This question is very important and the Government has already recognized that. That is why the Government is going out of its way to ensure that---
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Mr. Deputy Speaker
What is your point of order? What is not in order?
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Abdul Bahari Ali Jillo
Would I be in order to ask the Assistant Minister, due to limited time, to come up with a detailed Ministerial Statement on how that plan will be rolled out?
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Mr. Deputy Speaker
Hon. Member, you have to seek a Ministerial Statement yourself. The Assistant Minister cannot bring a Ministerial Statement. You sit down!
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Aden Bare Duale
Mr. Deputy Speaker, Sir, we are ready at any given time â even as early as next week - to bring a detailed Ministerial Statement on the whole programme as rolled out by the Prime Minister and the President yesterday.
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PRIME MINISTERIAL STATEMENT
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NATIONAL POLICY ON ROAD CARNAGE
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Raila Amolo Odinga
(August 19, 2009 PARLIAMENTARY DEBATES 2765 The Prime Minister)
Thank you, Mr. Deputy Speaker, Sir. On 23rd July, 2009, the hon. Member for Juja sought a Ministerial Statement on road carnage. He raised the same matter on 15th August, 2009. While I consider this issue to be very important, it remains my considered opinion that the matter is within the mandate of the line Ministry concerned. Nonetheless, and without prejudice to the Minister for Transport, I have decided to deal with it myself. The hon. Member for Juja wanted to know whether there is a national policy and plan to reduce road carnage and improve on the reinforcement of the existing legislation, whether there are motor vehicle safety standards and if there exists a facility and standards for training of passenger service vehicles (PSV) drivers, whether road safety is a condition for road construction contracts, safety standards for tankers and if the Government would convene a national stakeholders conference on road safety. Mr. Deputy Speaker, Sir, let me paint the national picture on road carnage using some of the statistical data. Kenya experiences approximately 12,000 traffic accidents annually. They involve about 26,000 motor vehicles. Approximately 3,000 fatalities and 9,000 serious injury cases result from those accidents. In other words, we experience approximately 33 accidents and life fatalities daily. Public sector transport vehicles, which are matatus and buses, account for 40 per cent of the accidents, and are four times more likely to be involved in a road accident than other vehicles. About 60,000 matatus and buses are registered in Kenya with 14,000 in Nairobi alone. The motor vehicle to human being ratio in Kenya is 1:35. That is approximately 1 million registered vehicles against the population of 35 million people. The number of imported vehicles in the country grew by 38 per cent in 2007, 42 per cent in 2008 and by a staggering 214 per cent by June 2009, over the 2008 reported figures. In the absence of clear interventions, one can expect the increase in the number of motor vehicles to translate into increased accidents. The risk factor for road carnage include poor road conditions, lack of proper signage, use of unroadworthy and defective motor vehicles, human error and, most importantly, indiscipline. Laxity in adjudication of traffic offences and weak enforcement of traffic law, speeding, overloading, obstruction, unattended motor vehicles, drunk driving, corruption, poor attitude of drivers and other road users all contribute to the high rate of road carnage in Kenya. The situation is compounded by lack of adequate and modern trauma care facilities for road accidents victims. Mr. Deputy Speaker, Sir, the Grand Coalition Government is actively engaged in initiatives aimed at drastically reducing accidents on our roads. To this end, the Cabinet approved in July this year the Integrated National Transport Policy. A Sessional Paper is being prepared to be laid on the Table of this House by October this year. The Government has further developed a National Road Safety Action Plan and a National Road Safety Council has been established and was launched yesterday. Issues addressed by both the policy and the action plan include road safety coordination among various institutions, funding for road safety campaigns, establishment of a road crush data system, vehicle safety standards, training, testing and licensing of PSV drivers, emergency trauma care, road safety research, among others. Both the policy and the plan were developed through regular stakeholder consultative processes. The Grand Coalition Government is in the process of reviewing the Traffic Act to bring it in line with modern approaches to road safety and international best practices. In
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July, the Cabinet approved the accession by Kenya to the International Convention on Road Traffic. To better manage traffic information, the Grand Coalition Government is in the process of implementing second generation driving licences. The information system being deployed will track a driverâs history at a click of a button and will permit cumulative loading of a driverâs traffic offences. In addition, a national information system will be developed to enable traffic authorities to exercise effective road user control. The Government, working together with the International Red Crescent Society is involved in capacity enhancement of 23 provincial and district hospitals for trauma care. In addition, the Government plans to supply 70 complete ambulance units across the country for emergency purposes. The road sub-sector strategy of 2006 defines standards for engineering design, construction, and maintenance of roads for purposes of road safety. The ongoing police reforms will help to improve the capacity of the force to deal more effectively with traffic offences. In order to enhance public awareness and to promote additional change for road safety, I have directed the Ministry of Transport and the Ministry of Education to move with speed in developing appropriate curriculum for formal and informal education of drivers. I have also directed the Ministry of Roads to ensure that appropriate road side amenities are incorporated in the design and construction of road works. I have further directed the Kenya Bureau of Standards to establish a national vehicle standard for tankers and public service vehicles before the end of this year. Finally, I have directed the Ministry of Transport to immediately undertake serious reforms at the Department of Motor Vehicle Inspection Services and to mount a series of targeted countrywide road safety campaigns that will culminate in the national stakeholderâs conference on road safety. Let me end by appealing to the private sector and members of the public to supplement the Grand Coalition Government efforts in promoting road safety. Thank you.
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Benedict Fondo Gunda
Mr. Deputy Speaker, Sir, a few years ago, the Government introduced the famous âMichuki rulesâ. When they were being enforced, road carnage had gone down. These rules have since been relaxed. What is the Grand Coalition Government doing to make sure that these rules are reintroduced and enforced?
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Luka Kipkorir Kigen
Mr. Deputy Speaker, Sir, in the Integrated National Transport Policy on the measures to reduce road carnage referred to by the Prime Minister, there is no reference as to what they will do to deal with corruption in the police force, which contributes largely to the accidents.
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George Thuo
Mr. Deputy Speaker, Sir, I must start by thanking the Prime Minister for his fairly elaborate answer. To me, the answer amounts to a statement of intent. We have been here before. I have a copy of the Road Safety Action Plan that was launched yesterday. It remains exactly that; a statement of intent and desire to achieve. What makes it different this time? What assurance can he give that this time there will be implementation? Does he genuinely believe that a council constituting 25 members is not too large and unwilling to perform at all?
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Abdul Bahari Ali Jillo
Mr. Deputy Speaker, Sir, the Government operates very old vehicles. The other day, there was a vehicle in one of my polling stations which was 19
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August 19, 2009 PARLIAMENTARY DEBATES 2767
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years old. To begin with, when will the Government start complying with better safety measures?
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Danson Mungatana
Mr. Deputy Speaker, Sir, the reason we have had so many fires when tankers overturn, including the one that killed so many people in Kenya, is because the tankers in Kenya are never sealed. You will never hear of an accident of a tanker in a German or European road where fuel pours and people are burnt. When will the Prime Minister and the Government come up with standards to ensure that we have sealable fuel tankers moving across our roads?
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David Aoko Were
Mr. Deputy Speaker, Sir, yesterday, when the Minister for Transport was unveiling the Road Policy, he came out clearly that he is planning to do away with speed governors. He went ahead and said that the speed governors are not used in any country in the world. What is the position of the Government or Prime Minister on this statement?
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, hon. Gunda suggested that the âMichuki rulesâ have been relaxed and asked what action the Government is taking to ensure that they are enforced. That was the purpose of the meeting yesterday. If the hon. Member heard the Minister speak, he gave an assurance that they will enforce all those rules very vigorously.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, what happened here is what I have already stated. Indiscipline is one of them. Corruption and poor roads are other factors. All those factors that I have mentioned as contributory to the high rate of accidents on the roads will be attended to. We will ensure that there is safety on our roads.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Kigen asked what action the Government intends to take regarding corruption in the police force. We have said that we do not want to live in denial. This morning, when I was speaking at the launch of the Strategic Plan for the Office of the Prime Minister, I did admit there is corruption. This corruption needs to be dealt with, not just in the police force, but across board within the Government. I also said that there some institutions which have been formed to help fight corruption, which are condoning it. We did accept that there is a problem with the police force. That is why we have set up a task force to come up with recommendations on how to reform the police force. We have already received an interim report from that task force, which we are in the process of analyzing and implementing. So, we will deal with issues of corruption on our roads. There are so many roadblocks on the highways which are doing nothing. They are nothing, but toll stations used by the police to extort money. In some parts of the country, they are so permanent that the grass has grown underneath them, yet they do nothing. So, I admit and want to assure the hon. Members that we will do something about it as soon as possible.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, hon. Thuo said that there is a statement of intent. You must begin by making a statement of intent; that this is what I want to do and then you move from there to do it. So, I do not see what is wrong with a statement of intent. We are telling you: âThis is what we are intending to do to rectify the situation.â Regarding the size of the council, I do not think that size is the issue. It is the effectiveness. Sometimes it can be very small, but very effective. Waswahili husema: âUsionewembamba wa reli, gari la moshi hupita.â But it can also be very small and very ineffective. So, basically this is a very broad sector and there was need to involve all the
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stakeholders. That is why the size has increased that way. I know that the hon. Member himself is a major stakeholder in this industry.
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Mr. Deputy Speaker, Sir, hon. Bahari has an issue with the age of the Government of Kenya (GK) vehicles; that some of them are 19 years old. I do not think that the quality or safety of a vehicle is determined by its age. It is its mechanical condition that is important. You can have a vehicle that is just one or two years old that was not well maintained, and be in a worse shape than a vehicle that is 20 years old. What is important is the serviceability of the vehicle. We must ensure that these vehicles are maintained and serviced regularly, so that they are road worthy.
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Mr. Deputy Speaker, Sir, hon. Mungatana suggested that the tankers on our roads are not sealed. I do not quite understand what the hon. Member means by ânot sealedâ, unless he suggests that they are leaking. Leakage is a defect that can occur to any container. It can be because of poor manufacture or wear and tear. There are standards. The petrol tankers used to be manufactured to the British standards. I am sure that now there are Kenyan standards for manufacturing of those tankers.
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Mr. Deputy Speaker, Sir, they are supposed to be tested and certified by the Kenya Bureau of Standards (KEBS) before they are mounted on top of the tankers. There is also a requirement for a regular and periodic testing of those tankers so that if they are leaking then they are not serviceable and should be condemned by the institution. I am not quite sure that it is the leakage that causes the slipping and overturning of those tankers because the vehicle has what we call traction with the road surface. Sometimes, when it rains, the water on the road makes the road much more slippery than the sippage coming from the tankers. I want to persuade the hon. Member to agree with me that, yes, leakage is a very serious defect but, as an engineer, I do not think that it is a major cause of overturning of those tracks.
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Danson Mungatana
On a point of order, Mr. Deputy Speaker, Sir. The Rt. Hon. Prime Minister is answering very well but he is not getting the point. The issue here is that when we have accidents like the one we had recently, these tankers in Kenya will always burst open and fuel will pour out. The point that I am raising and I am praying that he will address is the standard. In the European standards and on United States of America (USA) roads, even when you hear that tankers have overturned, you do not see them bursting out in flames. That is a fact; there is a problem with the standards. The question that I want the Prime Minister to address is when he is going to, as an engineer, enforce the standards that will ensure that there is proper security for our people so that in the event of accident there will not be sippage.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, I fully understand the point that the hon. Member is trying to make. The hon. Member needs to understand that these tankers are like pressure vessels. There is what we call the pressure release valve. When pressure inside the container exceeds a certain level, the pressure release valve automatically opens for the content within the pressure vessel to come out to avoid explosion. That is what happens. When a vehicle is involved in an accident, due to impact, the pressure inside far exceeds the allowable pressure limit and hence the pressure valve will give in and allow the content to spill out. That is the reason.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, Mr. Were said that the Minister did suggest that we are going to do away with speed governors. I do not think that the Minister said that. He said that the speed governors have been abused and have been tampered with. There are
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August 19, 2009 PARLIAMENTARY DEBATES 2769
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vehicles which have been fitted with speed governors but they have been tampered with so that they go beyond the allowed speed limit. So, when they get involved in an accident, the drivers use the speed governors as an excuse that the vehicle was fitted with one. So, the Minister was suggesting that irrespective of whether the vehicle has a speed governor or not, if it is involved in an accident the speed governor is not going to be an excuse. We are going to determine the exact speed at which the vehicle was moving at the time of the accident.
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Mr. Ruto
On a point of order, Mr. Deputy Speaker, Sir. While I appreciate the management of the Prime Ministerâs time, along the same line, we have been receiving letters from his office. In one of the rulings by the Chair, it was indicated that Parliament receives communication from the Permanent Secretaries. But we have been receiving letters from one person titled âChief of Staffâ. Is this an office in the Public Service of Kenya equivalent to that of a Permanent Secretary? The same officer has been writing letters to hon. Members to extort money from us by asking us to contribute.
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Mr. Deputy Speaker
Order, Mr. Ruto! How does that relate to the matter of road carnage?
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Mr. Ruto
Mr. Deputy Speaker, Sir, this is Prime Ministerâs Time and I am talking about the management of that time. We have been receiving letters from one, Mr. Karoli Omondi, styling himself as Chief of Staff. You had ruled that it is only Permanent Secretaries who can communicate to Parliament. Could a stranger communicate to this House? Is this an office in the Public Service of the Republic of Kenya or is he a personal aide? We need direction from the Chair.
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Mr. Deputy Speaker
Order, Mr. Ruto! You are out of order.
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Mr. Deputy Speaker
Let us get the last clarification from Mr. Thuo!
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George Thuo
Mr. Deputy Speaker, Sir, the Prime Minister mentioned that 40 per cent of the road accidents in Kenya are caused by Public Service vehicles. First, I seek a clarification as to whether he is aware that for one to drive to a Passenger Service Vehicle (PSV), you only require to have a stamp of BCE and on attainment of 24 years and without any specific training you can drive a PSV. Does that not pose a risk to Kenyan road users and the public travelling? Secondly---
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Mr. Deputy Speaker
Order, Mr. Thuo! You must forgive me because I am Chairing this for the first time. I am made to understand that the rules are that you do not seek clarifications on this. Nonetheless, I am going to allow that as the last one.
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George Thuo
Could you allow me the last one, Mr. Deputy Speaker, Sir?
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Mr. Deputy Speaker
You have made your point.
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George Thuo
I have not! Mr. Deputy Speaker, Sir, part of the problem for this time not being exciting is too much control from the Chair. Unless we are allowed the time and the opportunity to engage, we cannot have the excitement we were hoping to get from this session.
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George Thuo
I also wanted to ask about the police officers who are tasked with the responsibility of checking PSV on the road, if we do not have a single PSV training facility of the Government standards, who trains them and where have they acquired that knowledge and therefore, what standards do they attempt to maintain?
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, the hon. Member is suggesting that it is too easy to get a PSV driving licence. I may agree with him. That is one of the reasons why we have set up a council to look into all those areas so that people
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August 19, 2009 PARLIAMENTARY DEBATES 2770
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who are licensed to drive on our roads are competent. It has been much easier for people to buy driving licences. We know about that. You find somebody who has never even sat behind a steering wheel holding a valid driving licence issued officially by the authorities. That is why I was talking about corruption within our system. Unless we deal with all those factors which I mentioned earlier in my address, we are not going to be able to control the menace on our roads. Mr. Deputy Speaker, Sir, there are facilities for training traffic police in Industrial Area. Those police officers are trained. Some of those you see using radar gadgets to check on the speed of vehicles are training in using the equipment. The most important issue here is not that of training but discipline and commitment. Those who are guilty should not go scot-free. You will find that in some cases where an accident occurs and the one who is on the wrong is known, ultimately you find that the one who was wronged will find himself or herself arraigned in the court of law, charged as having caused that accident.
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We want to ensure that there is justice in as far as traffic issues are concerned. We want to make sure that the police do their duty, for which they are being paid, other than using their positions to benefit themselves unfairly from road users.
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Mr. Deputy Speaker
Next Question, Mr. Mungatana!
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QUESTION
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Question No. QPM/17
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PAYMENT OF SALARIES/ALLOWANCES TO ASSISTANT MINISTERS
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Danson Mungatana
asked the Prime Minister the following:- (a) what the salary and allowances paid to an Assistant Minister in the current Government per month is; (b) why the Government has failed to give specific duties to the office of an Assistant Minister in Kenya and indicate when the Government will assign specific duties and responsibilities to the office; and (c) considering that in the absence of the Minister in Parliament, an Assistant Minister attends to all parliamentary duties, why an Assistant Minister is restricted from doing so in the Cabinet.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Speaker, Sir, this Question was transmitted to my office around midday today when we were launching the Prime Ministerâs Strategic Plan. So I saw this Question on the Order Paper as I was coming here. I appreciate that it is a very important Question that requires me to consult several literature and also other experts so that I can give a substantive answer. I would also want to consult other jurisdictions from other countries with similar systems like ours. I would request Mr. Mungatana that the Question be deferred, so that I can give a substantive answer next week.
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Danson Mungatana
Mr. Speaker, Sir, I agree entirely with the PM.
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Mr. Ruto
On a point of! Order!
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Mr. Deputy Speaker
On the same! What is the point of order?
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August 19, 2009 PARLIAMENTARY DEBATES 2771 Mr. Ruto
Mr. Speaker, Sir, when I rose on a point of order the last time, I thought the PM had finished answering the Question. I thought it is the appropriate time to raise this matter before you once again because we need a ruling, a direction from you as to who can give us communication on issues before the Floor from the Office of the PM. Is it one styling himself as Chief of Staff or is the Permanent Secretary from that office? Is that office exempt from other rules that normally govern other Ministries? Further, I wanted to lay on the Table a letter from that office asking us to contribute money. I thought this is extortion and misuse of a public office, because the Public Officer Ethics Act does not allow any officer to use his office to collect money, or possibly even in this case, extort money from Members of Parliament. Mr. Speaker, Sir, Would you allow me to table this!
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Hon. Members
Read it!
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Mr. Ruto
May I read the letter!
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Mr. Deputy Speaker
Order, Mr. Ruto! Order! Table the letter.
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(Mr. Ruto laid the letter on the Table)
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Mr. Deputy Speaker
Indeed, I have a letter here which is addressed to Members of Parliament from one political party. The Chair is going to study this letter and give direction on the same next week on Thursday afternoon. The Chair has directed that the PMâs Question No. 17 does appear on the Order Paper next week on Wednesday, at the same time.
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(Question deferred
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)
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Raila Amolo Odinga
(The Prime Minister)
Mr. Speaker, Sir, if the hon. Member has laid a letter on the Table coming from my office, I think it is fair I look at it before you make any ruling.
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Mr. Deputy Speaker
Indeed, yes!
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, this letter is addressed to the hon. Member as a member of Orange Democratic Movement (ODM) Party.
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(Applause)
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Raila Amolo Odinga
(The Prime Minister)
This letter is not addressed to all other Members of Parliament---
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Mr. Deputy Speaker
Order, Mr. Prime Minister! Order! With all due respect to you, the Rt. Hon. Prime Minister, the Chair has given a ruling on this. The Chair is privy to the contents of the letter and will give direction at the appropriate moment. I think that matter has been disposed of.
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Raila Amolo Odinga
(The Prime Minister)
Mr. Deputy Speaker, Sir, the hon. Member also raised the question about the title âChief of Staffâ. The title âPrime Ministerâ was never in our Constitution, it is now there and we have a Prime Minister. There is a Chief of Staff in the PMâs office who is also a Permanent Secretary (PS). There is nothing wrong with that because we must be more innovative in our nation. We should not be too conservative. I feel that is very unfair to try to drag party matters into the House.
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August 19, 2009 PARLIAMENTARY DEBATES 2772 Mr. Midiwo
On a point of order, Mr. Deputy Speaker, Sir. I think it would be very unfair for the Chair to give a ruling on a matter that deals with a rogue member of a political party. This will create a wrong impression. We want that letter. If it has to do with a political party, the Chair has ruled many times in the past that the Chair has no jurisdiction over party matters and they should not be dragged into the House.
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Mr. Deputy Speaker
Order, Mr. Midiwo! I believe if we have to protect the dignity of this House and the tradition of democracy that we intend to enshrine in this country, we must respect institutions. We need to respect the institution of the Chair than anything else. Once the Chair has given a ruling or direction on an issue, allow the Chair to exercise its or her wisdom for the matter itself to be addressed. Any Member of Parliament has a right to rise up and raise an issue that he or she feels needs to be addressed by the Chair. The Chair has given a direction on that; let the matter rest at that for the time being. The Chair also further directs that Questions No. 174 by Mr. Kioni and No. 320 by Mr. Gaichuhie appear on the Order Paper next week on Tuesday.
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ORAL ANSWERS TO QUESTIONS
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Question No.174
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NON-IMPLEMENT OF FIVE PHASE OF GOVERNMENT/KNUT AGREEMENT
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(Question deferred)
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Question No.320
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UPGRADING OF LANET-DUNDORI ROAD TO BITUMEN STANDARD
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(Question deferred)
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POINTS OF ORDER
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EFFECTS OF LIVESTOCK MIGRATION FROM ISIOLO TO IGEMBE SOUTH CONSTITUENCY
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Franklin Mithika Linturi
On a point of order, Mr. Deputy Speaker, Sir. On 23rd July, I sought a Ministerial Statement from the Office of the Prime Minster with regard to livestock migration from Isiolo to Igembe South Constituency and its effect and especially related to the destruction of crops. For the last three weeks, that Statement has not been issued. So I want to know when the PM will issue this Statement. Next Order!
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Franklin Mithika Linturi
CHIEF JUSTICEâS FAILURE TO ISSUE DELEGATED LEGISLATION
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John Olago Aluoch
Mr. Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Minister for Justice, National Cohesion and Constitutional Affairs ---
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August 19, 2009 PARLIAMENTARY DEBATES 2773 Mr. Linturi
On a point of order, Mr. Deputy Speaker, Sir.
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Mr. Deputy Speaker
Order! Order! You are out of order, Mr. Linturi! Proceed, Mr. Olago!
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John Olago Aluoch
Mr. Deputy Speaker, Sir, I rise to seek a Statement from the Minister for Justice, National Cohesion and Constitutional Affairs on the capacity or lack of capacity of the Chief Justice to issue a delegated legislation under Acts that fall under his jurisdiction. I asked him about a matter that is very critical now. Kenya is facing two by- elections in two Parliamentary constituencies and as of now, the Chief Justice has not acted in accordance with Section V of the Political Parties Act. He has not appointed members to the Political Parties Tribunal to be approved by the House. In the event that a dispute arises in any of these by-elections, what will the country do? Secondly, again, the failure of the Chief Justice to issue delegated legislation under his jurisdiction, his failure to issue rules under Section 47(A) of the Sexual Offences Act which have resulted in disparities in sentencing by magistrates in the country. For nearly a year now, the Chief Justice has failed to issue rules. Why has he failed to act as the law requires in these two matters? This is very urgent!
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William Kipkiror
(The Assistant Minister for Justice, National Cohesion and Constitutional Affairs)
Mr. Deputy Speaker, Sir, we undertake to give the Statement on Wednesday, next week.
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Mr. Deputy Speaker
It is so directed!
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(Mr. Linturi stood up in his place)
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Mr. Deputy Speaker
Order, Mr. Linturi! Today is a Supply Day! Next Order!
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COMMITTEE OF SUPPLY
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(Order for the Committee read being the Eleventh Allotted Day)
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MOTION
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THAT THE SPEAKER DO NOW LEAVE THE CHAIR
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Vote 01 â Ministry of State for Provincial Administration and Internal Security
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The Minister of State for Provincial Administration and Internal Security
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(Prof. Saitoti): Mr. Deputy Speaker, Sir, I beg to move that the Speaker do now leave the Chair. I am happy to move the Vote of the Ministry of State for Provincial Administration and Internal Security which covers the following areas:- Provincial Administration, the Kenya Police including the Criminal Investigations Department (CID), the General Service Unit (GSU), the Administration Police (AP), the Government Press and the National Campaign Against Drug Abuse (NACADA). The Ministry has the following core-functions:- Organization and co-ordination of the Government business at
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August 19, 2009 PARLIAMENTARY DEBATES 2774
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the grassroots level, maintenance of public safety law and order, printing and distributions of Government documents, campaign against drugs and substance abuse, maintenance of national and international boundaries, co-ordination of State functions, disaster and emergency response and maintenance of security along roads and airstrips. Hon. Members are aware that the first medium term plan of the Vision 2030 provides the foundation for a new national development strategy that links national policy to specific programmes and---
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(Loud consultations)
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Prof. Olweny
(The Assistant Minister for Education)
On a point of order, Mr. Deputy Speaker, Sir. The consultations are too loud and too many Members are standing up while the Minister is moving his Vote.
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Mr. Deputy Speaker
Indeed, you are right, Prof. Olweny! The Minister has to be heard.
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Mr. Deputy Speaker
Proceed!
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The Minister of State for Provincial Administration and Internal Security
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(Prof. Saitoti): Mr. Deputy Speaker, Sir, the Vision document acknowledges the critical role the Ministry plays in enabling provision of security which is a prerequisite in achieving and sustaining socio-economic development. Furthermore, provision of an enabling environment for individuals and business to thrive are critical ingredients for ensuring Kenya becomes a preferred destination for foreign investment thus increasing its competitiveness in the global arena. Before I present the financial details of the Ministryâs Budget for the Financial Year 2009/2010, I would like to highlight some of the Ministryâs achievement challenges as well as policy priorities and programmes that will be implemented during the 2009/2010 Financial Year. The Provincial Administration with its extensive structure that cascades from the provinces to the sub-locations is the most visible organ of the Government. It co-ordinates all other Government departments in the districts and also provides the most effective mechanisms for conflict resolution as well as dissemination and articulations of Government policies through interactive
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barazas
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with the local people. Hon. Members are aware that since Independence, the organization and structure of the Provincial Administration has remained the same despite the growth in the population from eight million to approximately 40 million today and a substantial increase in the number of the districts following the request by the leaders and the people. This development has occasioned managerial, leadership and structural challenges that have constrained co-ordinative, mobilization and operational capacity of the Ministry, especially now that we have increased devolved funds to development activities at constituencies and the grassroots level. As part of the ongoing reforms in the Provincial Administration, the current structure has been re-organized to include 22 strategic regions across the eight provinces, 254 districts, 652 divisions, 2,835 locations and 7,323 sub- locations. This initiative is geared towards improving the quality of services offered to the wananchi by strengthening co-ordination and supervision of human and material resources. With this development, the provisions of basic physical infrastructure have been a major challenge to the Ministry and we require concerted efforts by all the stakeholders.
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August 19, 2009 PARLIAMENTARY DEBATES 2775
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To address this challenge, the Ministry commenced construction of 49 new district headquarters and refurbishment of 22 existing offices in the last financial year. In this financial year, the Ministry has been allocated Kshs436 million for the construction of the district offices. Out of this allocation, Kshs227 million will be utilized in the completion of the ongoing district specific projects while the balance of Kshs208 million will be utilized in the construction of offices whose documentation are being finalized. In addition, under the economic stimulus programme, the Treasury has, through the Ministry of Public Works, allocated Kshs2.1 billion for the construction of 70 district headquarters at a cost of Kshs30 million. This will significantly ease the shortfall of offices currently being experienced in the new districts. However, additional resources will be required for the construction of new police divisions and lines in the new district. The Ministry has further been allocated an amount of Kshs211 million that will be used for the rehabilitation and maintenance of security roads and security airstrips in the countryside. These roads and airstrips are classified strategic facilities that are spread through the country and are used mainly for security operations and emergency evacuations. The specific roads and airstrips that will be rehabilitated this fiscal year have already been identified and prioritized by respective district security committees. Once complete, the projects will enhance the Ministryâs capacity to respond to emergencies countrywide. In addition to the development project, the Ministry undertook the following activities in the Financial Year 2008/2009; inducted 125 newly appointed District Commissioners, recruited and inducted 48 District Officers, trained 20 District Commissioners and 26 chiefs on disaster management in Israel and rolled out the second wave of the Rapid Results Initiative (RRI) and reactivated district peace committees throughout the country. The Ministry has also facilitated the delineation of boundaries in 116 districts, procured computers, office furniture and equipment for the newly created districts and 411 assorted vehicles for the Ministry.
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Mr. Deputy Speaker, Sir, in the current financial year, the Ministry will undertake the following activities: It will train 3,000 chiefs and Assistant Chiefs in paralegal and other reform programmes; train senior administrative officers on new management practices, ICT, conflict resolution and peace building skills that strengthen district peace and reconciliation committees. These projects and activities are expected to enhance efficiency and effectiveness in service delivery to wananchi .
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As the Ministry implements the internal security mandate, it will be guided by the Vision 2030 aspiration which envisages a society that is out of danger and fear. In this regard, the Ministry is determined to improve security in order to attract investment, lower the cost of doing business in the country and create a secure and conducive environment. The specific strategies will include strengthening of the human resource capacity, enhancing community policing and use of modern equipment, including ICT, in crime management and law enforcement in order to overcome the challenges posed by the proliferation of firearms, cattle rustling, banditry and organized criminal gangs.
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While policing needs of our country have continued to increase, the growth of the police force in terms of the human resource strength and structural capacity has not been commensurate with the pace. This gap has continued to present the greatest challenge to the force in the discharge of its duties. Through the on-going police reform initiatives and enhanced budgetary support, the Government is committed to transforming the force to
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August 19, 2009 PARLIAMENTARY DEBATES 2776
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make it more responsive to the security needs of our country. In this regard, the Government has appointed the National Task Force on Police Reforms. In particular, the task force will:- (i) examine the existing policy; institutional, legislative, administrative and operational structure; systems and strategies and recommend comprehensive reforms taking cognizance of the recommendations contained in the Agenda Four, Kriegler Report, Waki Report and other related policy reports; (ii) review the logistical and technological capacity of the police force and recommend the changes necessary to sustain modest security management; (iii)review the state of preparedness of the police to combat insecurity and other forms of emerging security challenges occasioned by the national and the international threats such as terrorism, piracy, organized gangs, drugs, human trafficking, industrial espionage, cyber crime, money laundering and economic crimes; (iv) review and recommend strategies to harmonise and fast-track partnership between the community and the security agencies and policing; and, (v) recommend the appropriate institutional arrangement to oversee the implementation of the compelling police reforms and prepare a draft police reform Bill to embrace the comprehensive police and reform agenda. Upon submission of this Report, the same will be studied carefully with a view to deepen the on-going reforms. Mr. Deputy Speaker, Sir, I wish to assure hon. Members that upon receipt of the full report of this task force, the Government will move with speed to implement far- reaching reforms. We want to make it clear that this will not be a gimmick. We intend to carry out major reforms so that the people of this country can have the police they have always dreamt of. The proliferation of illicit small arms and light weapons has continued to cause a challenge to the safety and security of our nation as the ease of availability of these firearms is fuelling both internal and cross border conflicts. In response to this, the Government established the National Steering Committee on Peace Building and Conflict Management Secretariat together with the National Focal Point of Small Arms and Light Weapons. Over the years, these two units and the Ministry have continued to facilitate peace and reconciliation activities embracing traditional and modern peace and conflict management model. In the current financial year, a lot of focus will be made on strengthening this institution and the District Peace Committees and the Task Force on Small Arms and Light Weapons across the country. Therefore, a sum of Kshs130 million has been allocated to support this small arms reduction activity. I wish to assure hon. Members that the Ministry is committed to building synergy that will contribute to national reconciliation and healing. Mr. Deputy Speaker, Sir, the menace of cattle rustling and banditry continues to be a major challenge to peace and security. To address this problem, the Ministry organized several peace forums in the affected areas and these were attended by hon. Members, local leaders and administrative officers. The aim of this meeting was to engage the community leadership, our civil society and religious leaders to support the Governmentâs initiative of discouraging cultural practices that propagate cattle rustling.
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August 19, 2009 PARLIAMENTARY DEBATES 2777
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Criminal gangs have continued to pose a challenge to peace and tranquility in certain regions of this country, especially Central Province, part of Rift Valley Province, Eastern Province, the informal settlement in Nairobi and other urban areas. The activities of these gangs have led to fear, destruction of property, extortion and loss of lives of both the civilian population and the security agents. I wish to assure hon. Members that the Government will not relent in its efforts to crack down on these gangs. Adequate machinery has already been put in place to deal with this situation. However, I would like to inform this august House that I will be tabling the Organized Crime Bill in this House soon. I hope that when it will be tabled hon. Members will examine it very carefully so that this time round we will have an Act of Parliament on organized criminal gangs. With regard to the conflict arising from boundary disputes and land ownership, the Government formed the Mt. Elgon and the Tharaka/Tigania/Meru Task Force to work with the community leaders so as to resolve the long standing disputes which have disrupted normal socio-economic activities in the affected areas. The current Estimates have provided funds under the Recurrent Vote amounting to Kshs31,548,520 to cater for the two task forces. In addition, a sum of Kshs180 million has also been provided under the Development Vote to be used for the purchase of land to settle genuine landless people who will now be accommodated in the Chebyuk Free Settlement Scheme in Mt. Elgon. At this stage, I would like to mention some other strategic interventions that the Ministry has put in place. These include capacity building; community policing; provision of specialist equipment; transport and housing. With regard to capacity building, the programme for the extension of training institutions will be undertaken in order to facilitate the training of new recruits and the mounting of specialized programmes such as scientific investigation techniques, crime scene management and the detection and investigation of cyber crime. The police have also increased the annual intake of recruits to serve both the general duties and specialized units. Our long-term objective is to improve the current police/population ratio as recommended by the United Nations (UN) which stands at 1:450. Mr. Deputy Speaker, Sir, hon. Members are aware that since 2003, the Government embraced community policing as a core crime prevention strategy. The strategy seeks to encourage partnership between security agencies and the beneficiary communities in crime prevention. These programmes which are spread across the country are continually being reviewed. In addition, deliberate action will be taken to ensure that the process of re-building the mutual trust and partnership with communities is carried out in a structural and sustained manner. Therefore, a sum of Kshs120 million has been allocated for this programme in the current financial year. In order to improve the response capacity of the police force, a programme for the acquisition of modern equipment for our security agents is on-going. A sum of Kshs1.3 billion has been allocated in this financial year to facilitate the purchase of additional communication and other security equipment including the completion of the automated palm and finger print identification system project and other components of the forensic laboratory for the Criminal Investigations Department (CID). This system will speed up the search, analysis and retrieval of fingerprints, besides putting in place an electronic data base of criminal record. The system will also
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August 19, 2009 PARLIAMENTARY DEBATES 2778
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reduce the number of days taken to process the Certificate of Good Conduct since the criminal data base will be digitally stored and will, therefore, be quick to retrieve. Mr. Deputy Speaker, Sir, housing continues to be a major challenge that impacts negatively on the performance of our security personnel. In the last financial year, an allocation of Kshs1.9 billion was provided to both the regular and Administration Police for the purchase, construction and refurbishment of both residential and none-residential buildings. With these funds, the Ministry continued with the construction works of the ongoing 55 residential housing projects, leased 1,113 housing units in Nairobi, renovated various police stations and posts, refurbished 1,733 housing units and purchased 815 housing units. In the current financial year, the Ministry has been allocated Kshs2.3 billion for construction, purchase and refurbishment of both residential and none-residential buildings for the security agencies. There is, therefore, need to substantially increase the budgetary provision in the coming financial year in order to attain the desired impact since the majority of our security personnel are living in a very dilapidated situation. Mr. Deputy Speaker, Sir, the provision of adequate transport facility is a key component in the delivery of security services by the Ministry. During the last financial year, the Ministry was allocated Kshs1,279,000,000, which was used to purchase 411 assorted vehicles, for both security agencies and the Provincial Administration. In this financial year, this figure has been reduced to an occasional Kshs600 million for the purpose of purchasing more vehicles. A sum of Kshs430 million has also been allocated for the procurement of three aircraft and three patrol boats. However, transport continues to be a very big challenge, but it is my hope that more funds will be available. Mr. Deputy Speaker, Sir, drugs and substance abuse - which is a matter of national concern â has emerged as a major social problem affecting the Kenyan society. The National Campaign Against Drugs Abuse (NACADA) has formulated a five-year national strategy on prevention of drug and substance abuse. A sum of Kshs210 million has already been provided for this purpose. With those remarks, I beg to move. Mr. Michuki has kindly agreed to second the Motion.
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John Michuki
(The Minister for Environment and Mineral Resources)
Mr. Deputy Speaker, Sir, I thank you very much for giving me the opportunity to second this Motion; I also take the opportunity to re-visit an area that is very familiar to myself. First, I want to congratulate the Minister for his very elaborate explanation: An introduction of the services that his Ministry of State for Provincial Administration and Internal Security has arranged to render, hence to form the basis of a request to this House to vote the amount of money that he requires to accomplish that mission. Mr. Deputy Speaker, Sir, the Minister has mentioned the institutions that are going to be used in order to achieve the objectives of his Ministry. He has talked about the Provincial Administration, which, as he correctly states in his speech, does, in effect, co-ordinate all Government services in the field. In fact, the Ministry provides the immediate presence of the Government at the grassroot level through the chain of Provincial Commissioners (PCs), District Commissioners (DCs, District Officers (DOs), chiefs and down to the ordinary person.
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August 19, 2009 PARLIAMENTARY DEBATES 2779
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It is important, therefore, that the role played by this department is appreciated by all Ministries. In my own Ministry, for instance, we intend to use the Provincial Administration as much as we can in order to propagate the policy of growing trees. It is not enough to plant trees. We will use the Provincial Administration to reach the ordinary people and involve them in the growing of trees, because that is what we are going to do â grow trees, and not to plant trees. âPlantingâ means you plant and abandon. Therefore, I welcome the services from the Ministry in terms of co-ordination and support to other Ministries in the field. Mr. Deputy Speaker, Sir, the issue of internal security has also been addressed. We all know that without security, everything else we do is hopeless. In fact, security is the basis for any form of modern Government. Without security, we can hardly achieve anything. Even the development that we want to achieve will not be achievable if there is no security. All of us should, therefore, join in supporting the Ministry, hence the Government, in the maintenance of law and order. In addition, we must, as legislators, ensure that it is the rule of law that will be used in the management of the affairs of this country because, with the law, you cannot go wrong. Therefore, security will enable the people to contribute to their overall welfare through their own industry. Mr. Deputy Speaker, Sir, therefore, I want to commend to this House that they support this Vote and provide the monies that are required, note areas of deficiency, where they should give even more money, particularly police housing, transportation because transport is very important, and also for communication for not only the Provincial Administration but also for the police. Communication in the field is very important for purposes of enforcement. With those remarks, I beg to second.
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(Question proposed)
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Fred Chesebe Kapondi
Mr. Deputy Speaker, Sir, first and foremost, I wish to thank the Minister for the very eloquent manner in which he has moved this Motion. I wish to say that the Committee did meet the Minister and his team on 10th July, 2009 and we were able to examine the Ministryâs Estimates in detail. The Committee looked at the following areas, as of interest:- the total net amount of money requested from the Exchequer by the Ministry, comparison of the previous yearâs allocations, allocations to new projects or programmes, the Ministryâs absorption capacity, projects left out of the Estimates, proposed allocations vis-a-vis the achievements of the Ministryâs Strategic Plan, disaggregated district budgets and other issues related to the subject matter. On comparison of allocations for the Financial Years 2008/09 and 2009/10 Financial Year, the Committee noted with a lot of concern that the allocation for the first time reduced from 7.47 per cent to 6.1 per cent. This is happening at a time when the crime levels in this country are on the rise. Urban crime is increasing. Cattle rustling in pastoral areas is increasing. We noted with a lot of concern that instead of the Ministryâs allocation going up, it is coming down which will more or less, undermine the progress and development in this country.
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Mr. Deputy Speaker, Sir, as Mr. Michuki has alluded to the fact that, without security in this country, all that we are planning to achieve in terms of development will come to zero. Security is pivotal in terms of bringing about law and order, thereby laying the basis for development in this country. With improved security situation in this country, many investors would come and invest here.
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The major areas of concern by the Committee were as follows: One area which we noted with serious concern is that of the National Task Force on Police Reforms. The task force is already operational, but no specific budget allocation has been provided. If any meaningful police reforms are to be realized, then over Kshs100 million will be required to cater for its operations, including office accommodation, domestic and foreign travel plus other allowances.
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On National Agency for the Campaign Against Drug Abuse (NACADA), which the Committee noted is a very critical component of the Ministry, last yearâs allocation was Kshs210 million. This yearâs allocation is the same Kshs210 million. The Committee felt very strongly that drug and substance abuse in this country is on the upsurge in urban and rural areas. Unless further funding is given to NACADA, so that it can roll out its programmes to combat this vice that is creeping into our population, then all that we are planning to realize would come to a waste.
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Mr. Deputy Speaker, Sir, on the Administration Police Training College the Committee was concerned with the major reduction of employee salaries which was done by about Kshs900 million. The Committee observed that the deduction could be counter- productive in the quality of training because that obviously will go down. We are advocating for specialized training that is bound to gallop more funds because as the crime levels rise, they are becoming more and more sophisticated.
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On the Office of the Government Printer, the Committee raised concern that while the Government printer has a fund, it is not clear how much the fund has in reserve and what this fund finances. The Committee noted that allocation was down from Kshs160.5 million to Kshs145. 4 million this financial year.
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The Committee strongly recommends that the Government Printer be detached as a department to become an autonomous institution to allow it to utilize funds collected as Appropriation-in-Aid (A-in-A) to supplement allocations received from the Treasury and also widen its scope to print materials for external clients with a view to raising more funds.
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Mr. Deputy Speaker, Sir, on Vehicle Inspection Unit, the Committee noted that the department had a negative allocation meaning that it was a surplus unit. The Committee was of the view that the unit should be privatized to give services to other clients apart from solely serving the Government, so that it can generate more funds and broaden its financial base. Privatization would also check claims of corruption and minimize the number of unroadworthy vehicles in our roads occasioned allegedly through corrupt deals.
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On the Motor Transport Branch which is very critical, particularly in field operations both for district administration and also the police plus Administration Police, the Committee noted that this unit had a reduction on allocation from Kshs221 million in the last financial year to Kshs218 million this financial year with A-in-A remaining constant at Kshs4.23 million.
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The Committee was informed, and this is very sad, that on average, every police vehicle in the field receives only eight litres of petrol a day. We are expecting these law enforcers to respond to crime that could happen 24 hours a day, but we are giving them an allocation of only eight litres a day which is completely inadequate. This will undermine the security and development of this country.
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With regard to vehicles, we were told by the Minister that there are only 3,000 vehicles available for field operations for police and the district administration. The demand in the field is 9,600. That means there is a shortfall of 6,000 vehicles. This situation is grave and needs to be addressed urgently. That is what the Committee felt very seriously about. We demand so much from our law enforcers, but we provide very little in terms of logistics and back-ups.
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Mr. Deputy Speaker, Sir, on police air wing, the Committee expressed its concern over accidents that have beset this unit in the recent past ostensibly due to the use of old police helicopters. The Committee was of the view that servicing the old helicopters was depleting the unit funds that could be used in the purchase of new helicopters. After being informed that the allocation that was made this year is meant to purchase fixed wing aircraft, the Committee felt that the police and the Administration Police should go for new helicopters of fixed wing instead of going for second hand ones. If the money allocated is not adequate, it should not go into servicing old helicopters that are bound not to last for long as experienced in the past because we have witnessed a number of mishaps and accidents.
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On the Anti-Terrorism Police Unit, the Committee felt this unit requires more funds to allow for specialized training in areas of terrorism, organized crime and illegal militias. On the CID General Investigation, CID Specialized Unit and CID Training School where an allocation of Kshs10 million, Kshs20.27 million and Kshs16 million, respectively was allocated, the Committee felt that this unit is critical in terms of combating crime and the allocation is very measly. Something urgent has to be done about it, so that they are able to respond appropriately and in time. On district administration, the Committee also felt that the allocation of Kshs1.2 billion for construction of new district headquarters which went to the Ministry of Public Works should have been retained at the Ministry of State for Provincial Administration and Internal Security. The Ministry of Public Works, as it were, was known to exaggerate figures and it is very slow in completing projects. So, the Committee feels very strongly that the money that was allocated meant for construction of these headquarters should have been retained at the Ministry of State for Provincial Administration and Internal Security. On the Ministryâs absorption capacity, the Ministry utilized all the funds allocated in the Financial Year 2008/2009, however, over the years, the Exchequer releases have not been 100 per cent forthcoming making it carry over bills to the subsequent years, thereby distorting budget implementation. In 2008/2009, there was a shortfall in Exchequer release from Kshs31,783,000 to Kshs31,495,452 in the Development Vote which will spill over due to Exchequer limited funding. There are key areas that the Committee felt that this Ministry received a very raw deal. This pertains to recruitment of additional police officers. The Ministry had
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requested for Kshs1.7 billion for recruitment of 3,500 officers into the regular police and 6,000 into Administration Police force thus retaining the police to population ratio that is required of 1 to 800. The United Nations standard is 1 to 400. So for the first time, unless something is done, the recruitment will not be done. This will not augur well for the security of this country. The Committee feels very strongly that this House, considering the pivotal role that the Ministry plays in the provision of security, and being the anchor for development, that more funding be accorded to this critical Ministry. We are recommending that the Minister be allowed to withdraw the requested funds from the Consolidated Fund. There is need to allocate funds to these vital areas either in the Supplementary Estimates or in the next financial year to improve service delivery by the Ministry. If there is any Ministry that is in the public eye for provision of services 24 hours a day, it is the Ministry of State for Provincial Administration and Internal Security. It is only fair that this House pushes the Ministry of Finance to allocate more funds to this Ministry if we have to realize Vision 2030. With those remarks, I wish to support.
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Martha Karua
Mr. Deputy Speaker, Sir, I want to begin by agreeing that the police are essential to give us security. In the same breath, I would like to condemn the Ministry for failing to institute credible police reforms. This Ministry does not need a task force to change the training of the police from the colonial police to a people-friendly police. This Ministry does not need a task force or a commission to tell it that they should respect human rights. This is a force that has since 2006 been killing young men especially of Mt. Kenya origin giving them a tag name. Mr. Deputy Speaker, Sir, a police officer is supposed to arrest and take before a court of law, except where their lives are threatened. Wanton killing does not reduce crime. If it did, in the last two years where it is reported over 2,000 young men have been killed, crime ought to have vanished. I am saying that this is a Ministry that is totally unwilling to reform. However, I want to salute the many officers who work hard and honestly while condemning the rogues this Ministry has failed to tame. It is necessary that this Ministry adopts a policy of holding each officer from the lowest rank to the highest, accountable. When you are on duty at point A, you must account for that area and whatever happens. It is not enough to pay a spokesperson to be denying everything even where they have not checked. Two weeks ago, we had an embarrassing incident when four men were gunned down in Nakuru and the spokesman, as usual denied only for the police later to apprehend suspects. We have had such many cases. We should not have the Minister or his team denying obvious crimes by the police. The very least he could promise is investigations. This Ministry should not be a source of creating insecurity but a source of security. Unless he weeds out the rogue officers, they will contaminate the good ones. I admit there are good and hard working police officers. Mr. Deputy Speaker, Sir, the same goes for the Provincial Administration. A majority in the Provincial Administration are working well. However, the Ministry must stop using provincial administrators to do their political work. Let us not have political administrators. This reminds me of the incident in Kirinyaga where there was a District Commissioner (DC), police officers and intelligence services, if a total of 43 or, in my view, 73 people are killed, then it means there is absence of the Government and security
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in the district. It is no excuse to say that people got annoyed and went on rampage. It was the police encouraging it. Let the Ministry not use police to cause insecurity. On community policing, a concept that I support, but this again can be used to hire goons to cause insecurity. Let it be well thought out. Let the community be given a chance to point out the people they can trust. Mr. Deputy Speaker, Sir, I have looked at the budget relating to the Office of the President and State House and State Lodges. I have seen there is a big budget of Ksh239 million for all the State lodges for building and maintenance. Maintenance is okay, but why are we constructing at a time like this when our people are eating pig food and others are dying of hunger? I will not say the same for police housing because they are in dire need of housing. However, any construction whether in State lodges or any other place, should be scaled down. This is a time the country is hungry. Finally, the Minister ought to be concerned that the police win the medal for corruption year in, year out. The toll stations are not meant to improve the way our roads are used but are meant to extort money. It is time the Minister instituted reforms. We do not want to hear of task forces. This Ministry is fond of creating task forces like the Cockar Task Force. With a lot of reluctance, I support.
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Kiraitu Murungi
(The Minister for Energy)
Thank you Mr. Deputy Speaker, Sir, for giving me an opportunity to support this Motion. The core function of this Ministry is to ensure that there is peace and security in this country. Indeed, the fundamental function of any Government is to protect the lives and property of its citizens. Mr. Deputy Speaker, Sir, allow me to congratulate my colleague Prof. George Saitoti and his team at the Office of the President for protecting the lives and property of Kenyans although they have faced very difficult challenges. I have read both in the local and international media, people talking about Kenya as a failed state. I do not think these people have done an analysis of what constitutes a failed State. A failed state is not constituted by a strong Government. The cause of a failed state is a weak Government which is not able to control militias and other armed gangs within its own territory. If you look at Somalia as an example of a failed state, it is a failed state because there are warlords. Various clans are competing for the control of arms. The moment you hear the Kenyan Army has disintegrated and that we have no unified police force is when Kenya will be a failed state. For now, Kenya is, by no means, a failed state. We faced tremendous challenges as a result of the post election violence. However, we are slowly coming out of that. One of the challenges we face is that the per capita ratio of our security officers at the Rift Valley at that particular moment was too low. The ratio was five police officers per 1,000 youths. Where would one start? Therefore, allow me to support the Government for its programme to expand the police force and the Administrative Police because we need more security officers in this country. Allow me to congratulate His Excellency the President and my colleague here for converting every constituency in this country into a district. When we were in the Opposition, we used to say that the Provincial Administration was going to bring oppression closer to the people. There has been the retraining of chiefs and these days, the Provincial Administration is bringing peace, security and development closer to the people.
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(Applause)
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The greatest challenge that remains to be fully addressed is that of youth poverty and unemployment. Unless we get more investments to our youth, despite our Vision 2030 and all the other good things that we are talking about, we will be caught up in a revolution in this county, as the youth try to find space. The police and the army will not assist us in that. Let us come up with very credible youth employment programmes to stabilize and protect security in this country on a long term basis. I am proposing that we expand the National Youth Service (NYS) and create an NYS centre in every district in this country. Finally, on the issue of IDPs, I would like to say that we cannot continue to talk about those people forever. It is an embarrassment for us in the Government to continue seeing people in tents for the last two years. The Kshs2 billion that was allocated for that was not enough and we recommend that the Ministry of Finance increases that amount so that we can remove IDPs from tents. We should look for more land and settle those who cannot go back to their original land. We should create peace and security. For example, the Kikuyus should talk to the Kalenjins so that they can continue living as good neighbours in the Rift Valley. With those few remarks, I beg to support.
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The Assistant Minister for Regional Development Authorities (
Mr. ole Metito
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):
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Thank you, Mr. Deputy Speaker, Sir for giving me this opportunity to support this Motion concerning Vote 01. I wish to begin by congratulating the Minister and his able team for the good work that they have done despite the fact that, we are facing very difficult circumstances. As others have alluded to, security matters are very complex. We have really done a lot. I want to agree with the Chairman of the Departmental Committee, hon. Kapondi, that we demand a lot from our security apparatus, but we really provide them with very little resources. In order to achieve the objective of the Ministry to provide security, I would like to comment on the following: One, the resources that are provided to security officers and, particularly, the Administration Police officers on the ground--- As the Minister said when he was moving the Motion, that is the most visible Government institution at the grassroots. That is true. It is most likely the only Ministry that extends up to the villages. We have Administration Police officers on the ground, but they do not have houses at the constituency level. It is true that all the constituencies have been converted into districts. We have DCs, Dos, chiefs and assistant chiefs. The Administration Police officers are assigned to them up. They are even assigned to the assistant chief level. However, it is a pity because they do not have housing facilities. That impacts negatively on their work. Still on the recruitment of those officers, I would like to ask the Ministry to be fair when they are recruiting them. But they have tried. They are more in numbers, although they have not achieved the required levels. The recruitment of uniformed officers is not done fairly in all the constituencies. In one constituency, you will find that three were recruited. In another constituency, 12 were recruited. Now that every constituency is a district and it is the principal focus of development, there is no reason why there should not be fair distribution. With regard to vehicles, we have many administrative units which--- We welcome and support them because it is taking the Government closer to people. However, there is
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a vacuum. For instance, you may have a district with a DC, five divisions but one DO. You could also have a district with a DC, four DOs but the only Government vehicle in the district is that of the District Commissioner. That is why I urge this august House to do all that is within its powers to advocate for more resources to this Ministry, so that they can be availed to those people. On the issue of fighting crime, we have two important security organs. There is the Administration Police and the regular police. However, those institutions must have harmony amongst them and fight crime. Of late, we have seen a disconnect between the regular police and the Administration Police. That need not come out in public. We urge those concerned to bridge the gap and ensure that those institutions work in harmony for the betterment of this country. The Minister said that through chiefs and assistant chiefs, Government policies on development can be easily articulated to wananchi through barazas . All the chiefs and assistant chiefs should address one or two public barazas per sub-location and preach peace, reconciliation and articulate Government policies to wananchi . We have a department that fights the use of illicit drugs under the Ministry. That is the most basic place where we can mount anti-drugs campaigns. We can easily reach our youth using the Ministry. I beg to support.
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Mohammed Abdi Affey
Mr. Deputy Speaker, Sir, thank you for giving me this opportunity. I want to begin by congratulating the Minister and Ministry of State for Provincial Administration and Internal Security for a job well done. Mr. Deputy Speaker, Sir, the stability of any country depends on how best the internal security mechanism is secured. Therefore, this Ministry requires all the support, not only political, but also financial. I would like to say the very critical department that is in charge, particularly with the maintenance of law and order in this country, is our police force. I was surprised to hear from the Chairman of the Departmental Committee on Administration and National Security that we give our police officers eight litres of fuel per day to fight crime. Some of this information is never known to the country. That is a scandal. It is very difficult for the job of the magnitude we expect from the police force to be done with a minimum of eight litres of fuel. There is need, therefore, for the Minister â even though I know that he is quite aware of this fact and has worked very hard â to see how best he can provide funding to this very important sector of the security of this country. Mr. Deputy Speaker, Sir, I want to thank the Minister because a few weeks ago we had a consultative meeting as Members of Parliament from North Eastern Province, in order to see how best to confront the security challenges in that region. One of the problems we have, of course, in North Eastern Province now is the spillover effect of the security crisis in Somalia. We have suggested to the Minister that this matter is not only a foreign policy engagement. It requires the efforts of the entire Government, particularly the Office of the President. You never leave a matter this critical to be treated as a Ministry of Foreign Affairs matter. Therefore, there is need to see whether we can, in fact, go the way the Ethiopians have done. We can, for instance, create a buffer zone between the areas that connect Kenya to Kismaiyu. The communities there can be spoken to and we see how best the Kenya Government can empower them. This is because if we empower them, then the effects of Al Shabab or any other threat that can be coming to
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Kenya can be managed. We have suggested this and I hope that the Minister will take it and not allow the matter to be played out only by the Ministry of Foreign Affairs. Mr. Deputy Speaker, Sir, the issue of elders is very critical as a tool to manage security in this country. It has worked in all the pastoral communities. The elders do a substantial job, but they are not paid any remuneration. We have passed a Motion here asking the Government to consider paying these elders some little token of appreciation. They do much more than any other Kenyan, apart from what the security officers on the ground, do. So, I would like to request the Minister to formalize this in terms of a policy position. Bring it to this House and we shall pass it, so that elders can be paid some money as they help our security officers to maintain law and order. Mr. Deputy Speaker, Sir, the other area where the Government has done well and we really thank them, is the creation of more districts through the Office of the President. However, as we do this, we want to make sure that the Minister and officials from the Office of the President take into account equity. I urge them to try to establish which areas in this country require really to be subdivided. We do not want to leave it just at the mercy of Members of Parliament to come and lobby. This is because we have got staff on the ground and have now subdivided even North Eastern Province into two, which is good. In fact, we should subdivide it into three. The suggestion was that now that we have subdivided it into two regions, perhaps, if we make it three regions, it will be managed better than it is currently. I have in mind Wajir District which has been subdivided now and all the constituencies are districts. But you need to go further than that. A constituency like Wajir South is 23,000 square kilometers. You need to divide it into two or three, so that the services can be taken closer to the people. The idea is services going closer to the people and you employ more of our local people to work as chiefs. Mr. Deputy Speaker, Sir, on the appointment of chiefs, there is a current engagement by the Government of Kenya to employ chiefs based on qualifications. We have no problem with that, but make sure that those areas where now there are assistant chiefs serving and they have served so well, we do not come overnight and employ a young man just because he is a Form Four graduate. There are those who have served as assistant chiefs and qualify to be moved. But what is happening now, at least, from my experience in North Eastern is that we have continued to employ new people in a station where already an assistant chief is serving and you demoralize them. Mr. Deputy Speaker, Sir, finally, on the issue of qualification, we have suggested a minimum of Form Four education and it has not been accepted yet. But, please, go to that level. With those few remarks, I beg to support.
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Cyrus Khwa Shakhalaga Jirongo
Thank you, Mr. Deputy Speaker, Sir. Let me take this opportunity to thank the Minister for his speech this afternoon and the provisions he has made for our internal security. However, there are a few issues that I feel are not properly addressed by the budget. First, there was a requirement to increase the number of police officers and Administration Police officers, so that at least we move nearer to the United Nations (UN) ratio. It is important also to realize that it is not just increasing the number that will help move nearer the requirement of the UN ratio, but we need to disarm the irregular forces that are in this country. We have a lot of irregular forces in this country, which
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have challenged the ability or monopoly of our police and security forces when it comes to arms. We have, for example, the Mungiki, and many other irregular forces in this country. Most of them have had a capacity where the Government has had to request the military to intervene in order to bring back law and order. Therefore, I expected the Minister to, at least, request for some money for purposes of disarmament. We respect police officers because they have the force to arrest. But if I have the force and it cannot arrest me or I can resist it, it equally becomes irrelevant. Therefore, disarmament is very critical. We need to recruit more police officers and Administration Police officers, if we want to move closer to the UN ratio.
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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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Mr. Temporary Deputy Speaker, Sir, the other issue that I would wish the Minister to look at very critically is prevention. A long time ago, we used to have an intelligence gathering unit within our police force. There is a lot of crime that is going on in this country today, because of failure by our police officers to collect intelligence information. I think one of the critical mandates of the police force or our security forces is to prevent crime. Prevention requires that you have the information in advance, for you to be able to put the relevant strategies in place, to thwart whatever crime one was planning to do. I think he needs to look into the issue of creating an effective information gathering unit, to make the work of the police easier.
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As I deal with the issue of prevention, we have two very sensitive issues in the country today. One of them is the issue of Internally Displaced Persons (IDPs). There is no doubt that these people must be settled. There is a question that comes to mind. What are we, as a Government, admitting? Is it that I can be chased out of my home and my Government cannot ensure that I go back to my home, but look for an alternative home for me? This is totally unacceptable. As a Kenyan, I have a right to live anywhere in this country. Now, when the Government tries to resettle IDPs elsewhere, it means that it is admitting its inability to secure their security where they live. The other issue that comes with that is that in providing alternative settlement, what has happened to the land that they used to occupy? Are we allowing people to enrich themselves unfairly? These are issues that we need to address as we deal with the resettlement of IDPs. Mr. Temporary Deputy Speaker, Sir, in the same vein, we know that the people in Mau Forest must move out. We all know that it is a security issue. Moving out is not the problem. Mau Complex is not a problem. Kenya knows that we require to have 10 per cent forest cover in our land. I do not know what percentage the Mau constitutes. That is the first thing. Secondly, people have title deeds. What are we implying when it comes to the sanctity of the title deeds? Thirdly, I do not care about the rich people who were given land there. They can be kicked out. But what are we doing about the small man who sold his land to buy land? Are we settling squatters to create more squatters? Why would the Government not provide for the small man? These are issues of security. When we allow these people to linger around without anywhere to go, we are actually creating insecurity. It is important, in any policy of any Government, to give priority to
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prevention. This is a prevention issue and the more we look at it to prevent what is going to happen out of the many issues that are coming up, the better the situation can be managed. I would want the Minister also to put a lot of emphasis on the mandates that are given to our security forces, particularly the 607 or so, mandates given to the police. They are critical mandates which must be looked at seriously. Mr. Temporary Deputy Speaker, Sir, I beg to support.
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Abdul Bahari Ali Jillo
Mr. Temporary Deputy Speaker, Sir, thank you for giving me this opportunity. I want to quickly join my colleagues in congratulating the Minister for the manner in which he moved the Motion. I want to join my colleagues in thanking this Ministry in the area of Provincial Administration for the attempted reforms that they have undertaken in the area of customer service, the structure in the provincial administration and the new sub-provinces that they have created.
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Abdul Bahari Ali Jillo
The eight provinces were created at Independence and we cannot remain the same. The structure of our country has changed and I fully support it because any organization must be responsive to its environment. This is exactly what this Ministry has done and I want to fully support them. In the area of customer service, the chiefs have radically changed. I believe that with a further push, we can get to where we would want to be in terms of service delivery. I have looked at this budget and I am particularly perturbed with the allocation of fuel in the vast districts. I think something extra needs to be done by the Ministry to ensure that adequate fuel for security purposes is provided. During the Supplementary Estimates, it needs to be raised, given what we have in the books right now.
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Abdul Bahari Ali Jillo
Mr. Temporary Deputy Speaker, Sir, I want to add my voice to the issue of response to insecurity situations. I think we need to improve in that area. I have a case in point. Very recently in Isiolo, six people were killed, only six kilometres from Isiolo Town where the police headquarters is. The response came too little too late. It is a bit embarrassing. The Isiolo-Modogashe Road is impassable. There have been uncountable numbers of raids. There are police stations all over but they do not deter anybody. We cannot continue like that. These are things which will force people to start defending themselves. We have brought that issue to the attention of the Ministry and I am hopeful that the Minister is going to move with speed and make sure that the road is cleared of bandits so that people can go about their business without any interference.
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Abdul Bahari Ali Jillo
Mr. Temporary Deputy Speaker, Sir, we should not only be criticizing but also adding value to the process of change. As a Government, now that constituencies are being used as centres of focus of administration and development, the Government needs to relook at how it is restructured. Maybe we can combine a number of activities with a view to reducing costs to ensure effectiveness of service delivery. The Minister has given us the figures on the new offices. I think they need more money because for any department to effectively carry out its functions, it must have a proper environment like an office from where they can operate. I have looked at the books and I know that these figures are not sufficient. But I can see serious attempts have been made. I request that they look at it from the equity point of view without succumbing to too much lobbying and ensure that this is equitably distributed.
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Abdul Bahari Ali Jillo
Mr. Temporary Deputy Speaker, Sir, we need some radical operational changes in the police force. I want to appeal to the Minister to talk to his Commissioner so that the
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officers in the lower cadre are empowered to take certain action. I have in mind issues like transfers. That should be carried out perhaps at certain levels for certain officers. Even if it requires consultations with the Commissioner, I think in terms of modern management, it may not be right for the very top officers to be involved in transfers of junior officers directly. In my view, that is a piece of advice that I want to give.
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Also, this is a matter that I would not rest until the Ministry understands; some of the vehicles that police officers use are very old. I am not talking of age. I am talking about serviceability. There must be a very clear policy on the part of the Government in terms of how long the vehicle can be used; the mileage that is covered.
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With those few remarks, they need to comply.
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Valerian Kilemi Mwiria
(The Assistant Minister for Higher Education, Science and Technology)
Mr. Temporary Deputy Speaker, Sir, thank you for giving me the opportunity to also support this very important Motion and to congratulate the team from the Office of the President, the Ministry of Provincial Administration and Internal Security for a good job that they have been doing under very difficult circumstances. I will just touch on one main issue. That is the recruitment of police officers. This applies to all forces: the Administration Police, the military and also the administrators. I want to talk about this because there are many questions. It may have nothing to do with the headquarters but there are questions about what is happening at the recruitment stations, in terms of who gets recruited. There are many allegations about people paying money to be recruited and so on. We have to deal with this matter and we have to be honest about it because it is a big problem. I would like to recommend the example of the Ministry of Education on the recruitment of teachers. I have spoken about this to Maj- Gen. Ali and Prof. Saitoti because it is a big headache and makes people laugh at the whole exercise. My proposal is that we involve the local communities in the recruitment of the police officers and other forces. Mr. Temporary Deputy Speaker, Sir, I would like to make a proposal. In education, they send criteria that you have to short-list so many candidates and they should have the following qualifications. In that committee, there will be respected members of the community, the provincial administration, maybe a police officer representing a division or a police station to ensure that the people that are recruited meet the criteria that has been set out by the recruiting officers. Among other factors, they should look at the character of a person. Who could better tell about the character of a person than the people who know him or her? With regard to qualifications like grade, age and year of graduation--- because we should give people priority on the basis of when they left school, gender, location within particular constituencies so that you do not recruit police officers from just one location and not another and with regard to socio- economic ability. If we continue at this rate, the poor will never be recruited in the police force. I am sure if it was the case during the time Maj-Gen. Ali and many others were being recruited, probably, they would not be the generals that we are seeing today. That merit is ours. Mr. Temporary Deputy Speaker, Sir, I would like to propose that we give orphans the first priority when we do the short-listing, then partial orphans. That is how we do it in education. We should also look at the socio-economic conditions of the people that we recruit. If it is true that some people pay Kshs200,000 to be recruited to the police force, if you have Kshs200,000 - for Godâs sake - why can you not start some business
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somewhere and let one who does not even have Kshs10,000 get that opportunity? In any case, we are a country that is constantly talking about equity and equalizing opportunities and giving those who are the most unlucky in this society an opportunity to get in and become police officers. So, once the short-listing is done, suppose they want ten police officers from Tigania West Constituency, we would then be told to do a short-list of 20 or 30 then the headquarters would send a team to do an interview with those who have been short-listed. If they do not meet the criteria, then they are eliminated. But I think the local people should have a chance to give input into the kind of people that get recruited because they know them better. Nobody is saying that somebody will get recruited if they are not qualified. That is why there will be representation both at the local interview and by the team that comes from the headquarters to ensure that the people that have been shortlisted have the qualifications and then you can recruit from that pool. The following year, there will be a long list of those that were left out. Since you cannot be able to recruit from every location and sub-location, you can ensure that they are represented. The other point that I would like to talk about is that, while I congratulate the Ministry of State for Provincial Administration and Internal Security for creating more administrative units, we should also rationalize them. We need to have a rationalization. In many cases, although there is a lot of pressure from politicians, because they demand to be given another district, then they complain about the districts being too many--- They are the ones who ask for the constituencies, districts, divisions and locations. Unless we check the politicians, every village will be a district or a constituency. Therefore, I would like to propose that we do a rationalization in terms of having a certain basis that we ask for those districts or constituencies. There must be other criteria that does not only consider the people who live in that constituency but also takes into account the population and other facilities. If we do not rationalize, again, there are going to be many questions. Rationalization is important, in view of the fact that we are going to use these units to share national resources. If we do not do that, certain constituencies and districts will suffer. That would be a clear case for asking for trouble from those who feel disadvantaged.
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With those few remarks, I beg to support.
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Washington Jakoyo Midiwo
Mr. Temporary Deputy Speaker, Sir, thank you for giving me a chance to contribute and support the Vote of this Ministry.
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Washington Jakoyo Midiwo
I want to agree with a few contributions that have made by my colleagues. But, first, I want to say that it is my view that the Ministry is creating new districts so that services can be brought to the people. Why have they refused to issue guidelines for the headquarters? Why is this responsibility being referred to the people themselves, many of whom never even asked for the districts? Why is it becoming a problem for politicians? We thank the Ministry for bringing services closer to the people but they must take the responsibility of issuing guidelines so that the country can be at peace. It is a simple matter and I think this Minister is equal to that task. I know his Permanent Secretary is also equal to that task. They should take the services to a central place. In some places, they are arguing like in my constituency, in one part of the constituency there is infrastructure. I think the DCs are supposed to be followed by services. They are not meant for buildings. These things are the people and not buildings. He needs to help us, as hon. Members, so that we can use our time talking about other things and not wasting time doing things the Government can do for us.
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(Applause)
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Secondly, I want to plead with the Ministry to have a reform. We are willing, in the Supplementary Budget, to give them money for disarmament. I want to allege that during the lawlessness that we saw last year, a lot of illegal arms came into this country and the people--- That is why the argument about local or who financed what is there. What did they finance if ammunitions did not get here? What do people fear if they do not fear discoveries about the ammunitions? There is no way we can have a parallel police force in the country. The police have no capability as long as criminals own guns which they got from politicians. We have to do something about it. Our people are feeling too insecure. Too many things are going wrong and people cannot even walk the streets because some people went out of their way to make sure that people are armed on the streets. Now the police have to do something. That means that this Ministry must create some harmony between the Regular Police and the Administration Police (AP) because in between them, you do not even know if either one of them is helping in the crime. The APs used to be the chiefâs police. Now all chiefs are using another militia to fight crime. The police are left without information. We can do this! The original intention was noble. Let us take the AP to the villages and let them be from local areas. There is no way you expect delivery from a policeman from Moyale in Siaya District because they have no stake. They really have no stake and then we keep the main police force as the overall police and create a proper chain of command. This is doable. I am sure that we will not be the first ones in the world to do it because it is all over the world. We can do this! Then it will help and enable us empower the chiefs and the DOs. The other avenue which I think we need to look at is the chiefs. We are creating so many chiefs but the National Youth Service (NYS) graduates from the localities could be recruited to augment the services in the villages. There is so much we can do within the resources. Now we are training them without a proper plan for them to exit into the mainstream life. So, we could do all these things and I would ask the Ministry to be open to suggestions. They should not look at us just as people who are complaining constantly. If he looks at Questions that come through this House, this Ministry is top. There is always a Minister here answering Questions about this Ministry and they are common to the country. We need to do this to the satisfaction of our people and we can look for simple solutions that work. If you are going to recruit--- With those few remarks, I beg to support.
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John Mbadi Ng'ong'o
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to also contribute to this Motion on Vote 01. First of all, I must say that one of the positive things that I have noticed or witnessed is that this is one Ministry that is really accessible. This is a Ministry where one can walk even to the Office of the PS without appointment and be granted an appointment. I think that is a plus to the Ministry because I have tried accessing various Ministries, it is very hard to access some senior officers in those Ministries. I think that is something to commend the Ministry for.
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(Applause)
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August 19, 2009 PARLIAMENTARY DEBATES 2792
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Having said that, although we are supporting the funds to this Ministry--- I think it is only that we do not have powers to increase the money once the Deputy Prime Minister and Minister for Finance has already read his Budget Speech. But I believe that the money that has been allocated to this Ministry is not enough, given that so many districts were created and most of those districts, if not all, do not have administrative physical facilities. So, there is need to allocate more funds to this Ministry to put up even the basic necessary infrastructure so that the administration officers posted to those districts can have places where they can work. At the moment, you will realize that for some districts, the District Commissioners, District Education Officers and other district personnel are working from outside the district because of lack of facilities. So, I urge the Minister to put a request to the Deputy Prime Minister and Minister for Finance so that he can consider giving more money in the Supplementary Budget so that this Ministry can be given funds for our new districts to operate. I am a victim of this, so that is why I am pleading that we get more funds so that our districts can operate. At the moment, the Ministry has done very well by posting a number of APs in my district but they have nowhere to reside. In fact, it forced me to go to the emergency fund of the Constituencies Development Fund (CDF) to, at least, get them temporary structures. I think we need to think seriously about our police force. Many at times, we are quick at criticizing our police force but if you look at the ratio of our police force to the population of this country and compare it to other countries where probably, the crime rate is low, then you will realize that probably we are not really doing badly. But one comment that I have to make and somehow I have seen the Commissioner of Police in this House --- I want to be very candid on this matter because I will give an example in my area. The Administration Police (AP) is probably doing a better job than the regular police in my place. You will find the AP arresting criminals with evidence and I witnessed this last month. These officers take the criminals to the police cells, but the regular police release them. This frustrates and disheartens them. I do not think this is the best way to go. There should be harmony between the regular police and the APs so that they can work for the benefit of the society.
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With regard to the much-talked about police reforms, I also feel that they should take place. However, as a country, we need to be very careful. If we say that we will dismiss some police officers, how will we do it? These are people who are trained and if we do it haphazardly, we will have highly trained criminals out there. We should look at the police reforms and do it in a methodological way so that it does not create problems instead of solving them.
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My take on police reforms is first: If we will not enhance the remuneration of police officers, I do not think even if we get what kind of people--- This is because those officers are also Kenyans just like the ones who are currently in office. So, we should look at the remuneration of the police because they are still underpaid. We need to take care of them. We also need to provide them with proper accommodation. It is inhuman and unfair to lump six police officers in one room. This is bad. These officers are not many as we think. It is just a question of having the will. If the Government had a will, it could have done it.
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Mr. Deputy Speaker, Sir, I support this Motion.
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August 19, 2009 PARLIAMENTARY DEBATES 2793
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Johnson Nduya Muthama
Thank you, Mr. Temporary Deputy Speaker, Sir. I also rise to support the Vote for this very important Ministry. This Ministry plays a very important role. It is time we touched on the issues that concern this Ministry, and more so, the Republic of Kenya.
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Johnson Nduya Muthama
I would like to congratulate the Minister, his personnel and the President for creating many districts. I urge the Minister to ensure that he has posted the right personnel to the newly created districts. I have two districts namely Kangundo and Matungulu but up to now I am seeking to have an OCPD at least in one of the districts. This does not only affect my area, but the whole country.
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Johnson Nduya Muthama
We have failed as leaders---
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Raphael Lakalei Letimalo
On a point of order, Mr. Temporary Deputy Speaker, Sir. Is it in order for the hon. Member to speak from the Dispatch Box when he is not a Minister?
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Johnson Nduya Muthama
Mr. Temporary Deputy Speaker, Sir, may I inform Mr. Letimalo that I am the Deputy Chief Whip of the Government of Kenya.
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Johnson Nduya Muthama
Kenyans should learn to obey the laws of the land. We have talked about reforms but we have failed to support and encourage the security personnel in this country. Many police officers have been killed and others injured in the line of duty, but not a single person, including the human rights groups, has stood up to say that our officers are being killed. We are only good at accusing the police when they defend themselves. This is totally unacceptable. As leaders, we must weigh the situation. We should tell the people we lead to obey the laws of the land.
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Johnson Nduya Muthama
It is important to note that the reforms we are talking about here are crucial. We must be sensible leaders. It is unacceptable for leaders to start saying sack So-and-So. We will sack Abdi today and appoint Abdalla who is still a Kenyan. In another six months, we will demand the sacking of the same person. I do not think criticising our officers in public will change anything in this country. In the case of your children, if you cane and abuse them instead of counseling and showing them the way, they will never change or reform. I am saying that the Task Force on Police Reforms should not single out one or two people for accusation. The police force is composed of the Commissioner of Police down to the constable on the ground. So, if you want to reform the whole force, then you should sack everybody. Let us talk about the reforms that are geared towards equipping our police properly.
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Johnson Nduya Muthama
The security personnel in this country, including the APs, should be equipped properly so that they can deal with difficult cases. There is no country in the world where security personnel are accused left, right and centre. Even if the police did anything good, it is never appreciated. I come from a constituency that borders Nairobi and criminals roam all over. When road blocks are erected on our roads, the same people use leaders to complain about them. They complain that the roadblocks are too many and should be reduced. These people claim that the police are bothering them and that officers should impound matatus because they kill people day and night. These people also ask the Minister to tell them why matatus kill people on our roads. Surely, should the Minister drive a matatu ? It is important for people to obey the laws of the land. Those who defy the law should be taken to jail. By so doing, we will mould a society that will be an example to other African countries.
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Johnson Nduya Muthama
Mr. Temporary Deputy Speaker, Sir, I beg to support the Motion.
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August 19, 2009 PARLIAMENTARY DEBATES 2794
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Luka Kipkorir Kigen
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity. I would like to thank the Minister for a well thought out presentation that seeks for the approval of the Ministryâs Vote.
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Luka Kipkorir Kigen
This Ministry is very crucial in the provision of security. The Minister has outlined several areas in his presentation. He needs funds in order to continue recruiting more security personnel. It is by doing this that various areas can be covered by regular police and the APs.
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Luka Kipkorir Kigen
If you look at the money that has been allocated to this Ministry vis-Ă -vis what has been allocated to the Ministry of State for Defence, and yet our army has never gone to war at any time, you will realize that we do not provide security to our people. For example, we only have one police station in my constituency that covers three districts at the moment. This has largely contributed to insecurity in the area. The police in that station do not have a good vehicle because the one they have is not serviceable. In order to provide better services to the people we should ensure that the security personnel, be they APs or regular police, can move around when called upon to attend to situations that arise from time to time. There are police stations and posts that have officers and yet they cannot respond to cases when they arise. This is because of lack of facilities. Even as we think about recruitment, we should think about making those who have already been recruited and posted to various stations, able to discharge their duties. That should be a primary concern. It should be an area we should look at with a lot of keenness.
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Luka Kipkorir Kigen
Mr. Temporary Deputy Speaker, Sir, one other area that has largely contributed to insecurity across the country is the proliferation of small arms. So many arms are in the wrong hands. You hear of people being carjacked. You look at the people possessing these weapons and wonder. There are very young boys who have AK47 rifles here in town. One of the people who were shot dead in my constituency about three weeks ago was found with an AK47 rifle. This is very serious. We should find out how these firearms get into the hands of these people.
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Luka Kipkorir Kigen
They are all over the place now. Even here in Nairobi, Members of Parliament have been bundled into vehicles, and were mesmerised by the kind of weapons they have seen in the hands of very young people. These young people are very well educated, but we are not making any arrangements to provide them with employment. This tells us a lot. The Minister was talking about Vision 2030, when there shall not be any more fear as there shall be security, yet day in, day out, when you look at the security situation, you realise that it is worsening as we go along.
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Luka Kipkorir Kigen
Mr. Temporary Deputy Speaker, Sir, in every financial year, like the current one, we talk of increasing resources and making it possible for the Government to curb the problems that we have. I want to suggest to the people who decide how much money goes where--- I have in mind the Ministry of Finance. This Ministry asked for Kshs1.7 billion to, perhaps, recruit up to 3,500 regular police officers, and about 6,000 Administration Police officers but it was given nothing. What do they see happening every day? We do not really understand the criteria on which financing is based.
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Luka Kipkorir Kigen
We propose that in the coming Supplementary Budget, we should request the Ministry concerned to critically look into the possibility of giving additional monies to this Ministry, so that we can recruit more officers. We have created so many districts. I
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August 19, 2009 PARLIAMENTARY DEBATES 2795
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am sure that there is going to be a lot of need for security officers to be deployed to those districts.
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Mr. Temporary Deputy Speaker, Sir, I also want to ask that housing be provided, particularly in the rural areas. Police officers have families, and they sometimes share houses. I think they have to work in shifts so as to give room to each other to be able to attend to family affairs. That is a very serious situation that we need to address.
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With those few remarks, I beg to support.
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Ntoitha M'mithiaru
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute to the debate on the Vote of the Ministry of State for Provincial Administration and Internal Security.
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Ntoitha M'mithiaru
The security of any nation is a cardinal issue for any Government. I am sure that the stability of any country will be much appreciated if the people plus their property can be protected. I am saying so because, if there is any issue that is nagging Kenyans today, it is that of insecurity.
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Ntoitha M'mithiaru
If we take the Police Force, in as much as they have done a good job and they are, in fact very much appreciated, there seems to be no control, especially at the police stations; officers have actually forgotten their roles. I have a case in point from my own district and constituency, where I have complained about police officers being used by criminals to harass innocent people. They arrest people for the offence of robbery with violence when there is no case of robbery with violence at all.
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Ntoitha M'mithiaru
Mr. Temporary Deputy Speaker, Sir, I have a case in point where a police officer is engaged in burning of charcoal, thus degrading the environment. When cases of cattle theft are reported, the police are not there to follow up the issue. This is an issue I have even brought to the attention of the Police Commissioner himself. So, we cannot take security for granted. I know that they require physical facilities, including buildings and vehicles. In particular, I have a case where we have two police stations that have no vehicles at all. So, even when there are cattle raids, the police are not able to move. They cannot move on foot. They are also human beings. These are issues I brought to the attention of the Commissioner of Police. Lare Police Station and another one called Dumuru are located in hubs of cattle rustling, yet there is nothing happening there at all. Mr. Temporary Deputy Speaker, Sir, security roads are very important. My constituency bears the brunt of cattle rustling from various surrounding communities. I have talked about a road leading from Isiolo to a place called âGachuruâ in Garbatula, and another road from Lare to Dumuru, but nothing has happened to them. When cattle have been stolen, police have to move using these roads, but they cannot because of the bad terrain. I am so much concerned, in particular, about the issue of cattle rustling, which the Provincial Administration and the police are unable to curb as of now. We used to get stories such as âthe hand of the Government is longâ, but it is like the hand of the police is now shorter, because they are not pursuing the issues that they are supposed to pursue. Mr. Temporary Deputy Speaker, Sir, there was an incident when cattle from my community were stolen. They were followed. They reached a place called âShabaâ. They said: âWe cannot pass through here because that gang is better armed than the police.â What are we doing here if there can be gangs that can defeat the security forces of this
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August 19, 2009 PARLIAMENTARY DEBATES 2796
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country? We even have other incidents where cattle were stolen, but which could not be pursued because they were in an area where the rustlers were heavily armed. On issues of police operations, what is more expensive? Is it to carry out an operation, which is expensive or to provide a police chopper that can pursue stolen animals? Cows are not like ants that can just disappear in the grass. These are things that can be tackled. I know that the job is very overwhelming but, as much as it is, the security of this country is expensive. Even if it means doubling the Budget of this Ministry, let it be done, so that the security of Kenyans and their livestock can be guaranteed. Mr. Temporary Deputy Speaker, Sir, the other issue that I want to raise is on the Provincial Administration. I know that they are overwhelmed by the very many districts that have been created, but they should also take a deliberate move to ensure that the headquarters of the new districts are put up. With those remarks, I beg to support.
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Francis Chachu Ganya
Mr. Temporary Deputy Speaker, Sir, I thank you for giving me the opportunity to contribute to this Motion. I rise to support the Vote.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Mr. Chachu, you have only two minutes due to time constraints, and then we go to the next stage. Proceed!
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Francis Chachu Ganya
Mr. Temporary Deputy Speaker, Sir, I support the Vote of the Ministry of State for Provincial Administration and Internal Security. I congratulate the Minister, the Permanent Secretary (PS) and many other hardworking civil servants in that Ministry. The PS, in particular, is a very devoted and committed officer, who is accessible. I have seen him serve Kenyans past 10.00 p.m. on many occasions. This Ministry is a leader in terms of devolving power to the grass roots. The new districts that we have and the Deputy Provincial Commissioners (DPCs) who were posted recently are evidence of this reality. I want to take this opportunity to thank the President in particular for creating two new districts yesterday, one in North Horr and another one in Laisamis. I also want to thank the Government, and particularly, the police, for patrolling the Kenya/Ethiopia border. I have the largest stretch of the border with Ethiopia. For the most part, security has been restored to that region mainly because of the security officers who have been posted to that region. Mr. Temporary Deputy Speaker, Sir, I urge the Government to consider supporting the home guards and increasing the number of police reservists in some of these remote arid areas. These communities are very mobile and the road networks are not that good. If we have committed home guards who are well remunerated, I think we can solve the security problems of those regions very well. Mr. Temporary Deputy Speaker, Sir, I congratulate the Minister for saying that he will bring the Organized Crimes Bill to this House. I call upon the Minister and his officers to consider cattle rustlers as part of organized crime. Cattle rustlers get organized for a while. They regroup, get ammunition and go ahead to cause havoc to many Kenyans. While the Minister is working on that Bill which I will be more than happy to
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August 19, 2009 PARLIAMENTARY DEBATES 2797
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support, cattle rustlers in these pastoralist areas should be considered to be like any other organized groups that are committing crime in this nation. I urge the State to increase the funding for this Ministry. The mandate of any sovereign State is to safeguard and protect the lives and property of its citizens. If a State is unable to undertake that specific function, it is not worthy to be called a State and to govern anybody. Mr. Temporary Deputy Speaker, Sir, I call upon our Government to increase the funding for this Ministry. With those few remarks, I support the Vote.
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Raphael Lakalei Letimalo
On a point of order, Mr. Temporary Deputy Speaker, Sir. I want to seek the indulgence of the Chair.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order, hon. Member. Is it a real point of order?
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Raphael Lakalei Letimalo
Mr. Temporary Deputy Speaker, Sir, I seek your indulgence that since most of us have got our peculiar problems in regard to security issues and considering that there is no time for us to contribute now, I want to request that the Minister for Provincial Administration and Internal Security organizes for an informal meeting, so that we can share with him the problems that we are experiencing.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Thank you, hon. Member. I think the Minister will have many forums in form of Kamukunjis whereby he can bring the issue and we can talk about it. The time is up. It is now 5.33 p.m. and I will now call upon the Minister to reply.
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The Minister of State for Provincial Administration and Internal Security
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(Prof. Saitoti): Thank you, very much, Mr. Temporary Deputy Speaker, Sir. Let me begin by thanking profoundly hon. Members who have contributed to this Vote. I do feel very much encouraged by the fact that in spite of the fact that we face very many challenges on the operational side, hon. Members have already understood. This has not been a deliberate act on our part. It has been as a result of the fact that we have been operating on inadequate resources.
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This particular point was highlighted very eloquently by the Chairman of the Committee on Administration and National Security, Mr. Kapondi. He was able, like many other hon. Members who have spoken, to identify the fact that we do not have sufficient resources. We need enough resources to embark on continuous recruitment of the new personnel, so as to fight crime in this country.
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I want to assure hon. Members that we have already requested the Treasury to allocate us more resources. This is a policy and we will continue with it.
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It was also noted that we have decided to boost the current reforms. A question was raised as to why we decided to appoint a task force instead of just implementing what appears to be obvious. I want to enlighten the hon. Members on this. The main rationale behind the setting up of a task force on reforms was to give the opportunity to all stakeholders in security in this country. We wanted to give them the opportunity to offer their views on the type of institution of the police they require. We did not want to give the impression that we have the monopoly of the knowledge of what people want.
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Now that we are operating in an open and democratic society, the peopleâs involvement is extremely important. That is what we have decided to do. As we carry out the reforms as recommended by the task force, it will not be witch hunting. I have stated
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August 19, 2009 PARLIAMENTARY DEBATES 2798
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in a number of times, it will be an institutional reform. This will ensure the institution of the police becomes a strong one. We will be able to enhance the capacity, over and above, what we have now. We are committed to do so.
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An hon. Member asked: Where are the resources for implementing the reforms that will be recommended by the task force? All these reforms that we have captured under Agenda Four will be implemented. There is a specific budget for these reforms. It is from that kitty that we will implement reforms within the police force.
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Another thing which I was very happy about is the fact that it was said that there are certain things that the Government should not be involved in. for example, the issue of the inspection of vehicles. A fairly nice suggestion was put that, perhaps this can be outsourced. Let me inform hon. Members that, that is a positive contribution. We can implement that suggestion and see how best it can work.
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With regard to the Government Printer, a suggestion was advanced on how this can become a semi-autonomous. We will look into that. We know that if it is delinked from the Ministry, two things will happen. First, it may become more efficient. Secondly, it will not have to rely on the Exchequer. It can also compete competitively with other print firms. However, we must take into account that we cannot entirely make it free because it is charged with printing of a number of very confidential documents. We will look into it to make sure it is semi-autonomous and also strengthen its capacity, so that it can handle these very sensitive documentations.
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It was stated here that NACADA is an extremely important institution because it is charged with addressing the matters of alcohol, drugs and many ills which are creating major problems and crimes in this country. As I talk now, the issue of the formulation of what would, therefore, become a Bill to ensure that NACADA becomes a parastatal is already ongoing. We will bring a Bill here for deliberation by this august House.
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Mr. Temporary Deputy Speaker, Sir, another thing which is important and has been raised is the issue of the IDP resettlement. Quite a number of work was done along that line. It is true that we do have IDPs who are still unsettled. We know 1,000 IDPs put together the Kshs10,000 that we gave them to buy land in Nyahururu. They bought a 50 acres piece of land. This is a very small piece of land for over 1,000 people. You can very well imagine the environmental degradation that is taking place there. We want to convey the message very loudly that we are not a cruel Government. We are a Government that cares for its own people. A demonstration is the work that was done yesterday in Eastern Province where the President and the Prime Minister distributed food to people in Loiyangalani, North Horr and Sololo areas. People were also given drilling machines to drill water. Animals were being bought and sent to Athi River. We said that this is going to continue. That was a symbolic launch that is going to be replicated all over the country. This is because this is a Government that must care for its own people. We are not going to abandon our own people at a time when they are suffering from drought due to lack of rain for no fault of their own. That is going to be done. I must say here that even as we say people must move out of the forest, which they must, we will do so in a humane manner. This is important. We must definitely conserve our environment. The conservation is extremely important. Mr. Temporary Deputy Speaker, Sir, on the matters of the border security with Somalia, Ethiopia and Southern Sudan, as far as the border with Somalia is concerned,
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we have ensured that it is properly protected. We have put enough security and we shall not, even for a minute, compromise our territorial integrity. We have stated clearly that we are not going to invade any country. We have no intentions of going to Somalia. We wish them well because they are our brothers. Mr. Affey made a very interesting proposal that we should look into. The point of the matter is that we are there and we want to guard our border. There are many refugees coming from there to our place. We have paid heavily for that environmentally and otherwise. I do not think we want more of those people. We want to help them to remain in Somalia. That is important. As far as our border with Sudan is concerned, I must say we have held very successful deliberations with Ministerial delegations from the Southern Sudan. With those few remarks, I beg to move.
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(Question put and agreed to)
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Hon. Members we will move to the next Ministry, Vote 48. The House will then go to the Committee Stage later. Next Order!
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THAT THE SPEAKER DO NOW LEAVE THE CHAIR
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Vote 48 â The Office of the Prime Minister
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Mr. Temporary Deputy Speaker, Sir, I beg to move:- THAT, Mr. Speaker Do Now Leave the Chair. This will enable me move Vote 48 â Office of the Prime Minister, for the financial year 2009/2010. Mr. Temporary Deputy Speaker, Sir, it is my pleasure to present to this august House the estimates of Recurrent and Development Expenditures for 2009/2010 financial year for the Office of the Prime Minister which falls under the public administration sector. Before I proceed, may I remind hon. Members the mandate of the Ministry. The office is constituted under the National Accord and Reconciliation Act (2008). The mandate as per Presidential circular No.1 of 2008 includes but is not limited to the following; coordination and supervision of the execution of the functions and affairs of the Government of Kenya including those of Ministries, chairing of Cabinet committees, Public Service reforms and performance contracting, efficiency monitoring unit, Inspectorate of State Corporations and performance of any other duties as may be assigned to the Prime Minister by the President or under any written law. It will be recognized that the departments with a supervisory function are under the direct supervision of the Prime Minister. Likewise, to enhance the coordination function, the following Ministries are under the direct supervision of the Prime Minister; Ministry of State for Planning, National Development and Vision 2030---
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August 19, 2009 PARLIAMENTARY DEBATES 2800 Mr. Mututho
On a point of order, Mr. Temporary Deputy Speaker, Sir. Is the Assistant Minister in order to proceed with moving the Motion when there is no representative from the Ministry in the House?
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The Temporary Deputy Speaker
(Prof. Kaloki) Hold on, Assistant Minister!
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(Officers from the Office of the Prime Ministertook their seats on the Civil Servants Benches)
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The Temporary Deputy Speaker
Assistant Minister, you can now proceed! They are here!
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Ekwee David Ethuro
On a point of order, Mr. Temporary Deputy Speaker, Sir. I need clarification from the Chair. The Vote that is being moved is for the Office of the Prime Minister. The Constitution is very clear as to who the Prime Minister, is assisted by the Deputy Prime Ministers. The hon. Member moving this vote is an Assistant Minister, Office of the Prime Minister. Can he really move the Vote for the Office of the Prime Minister when he is neither the Prime Minister nor the Deputy Prime Ministers?
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order, Mr. Ethuro! Assistant Ministers, Ministers, including the Prime Minister are Ministers. Therefore, the Assistant Minister is in order to move the Vote! Please, proceed!
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Mr. Temporary Deputy Speaker, Sir, the delay by the staff from the Ministry was due to the little space we have. So, some space was being created for them. The benches were being occupied by staff from the Ministry of State for Provincial Administration and Internal Security. However, they are now here. Mr. Temporary Deputy Speaker, Sir, it will be recognized that the departments with supervisory function are under the direct supervision of the Prime Minister. Likewise, to enhance the coordination function, the following Ministries are under the direct supervision of the Prime Minister; Ministry of State for Planning, National Development and Vision 2030, the Ministry of State for Public Service and the Ministry of State for the Development of Northern Kenya and other Arid Lands. In discharging these functions, the Ministry and its agencies deliver through policy and strategy alignment, information sharing and collaboration through human resource management and development. The focus is on enhanced Public Service performance through entrenchment of performance based management while ensuring transparency, accountability and value for money in service delivery to citizens. Indeed, the estimates I am about to present go a long way in addressing the vision, mission and mandate of this Ministry. The vision of this Ministry is: âA goal driven and responsive Government trusted by its citizensâ. Its mission is: âTo lead a transformative Government for prosperity, unity and fairnessâ. The core functions of the Ministry are as follows: Guided by its mandate, the Ministry undertakes the following functions: Providing policy and strategy direction and effective leadership in all Ministerial matters relating to programmes and projects, it ensures linked up policy development and implementation, ensures linked up service delivery, integration of reforms, modernization of public services, budget decisions are linked to national priorities, it undertakes supervision in directing delivery
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of national priorities, overseeing of Ministerial priorities, ensuring continuous improvement in service delivery and strengthening accountability mechanisms. Mr. Temporary Deputy Speaker, Sir, to effectively and efficiently provide services to the public in line with the vision, mission and mandate, my Ministry has six distinct departments which are coordinated at the Ministry headquarters. These are:- (i)Performance contracting. (ii)Efficiency Monitoring Unit. (iii)Public Service Transformation Unit. (iv)Inspectorate of State Corporations. (v)Administration and Planning. (vi)Prime Ministerâs Delivery Unit. The net estimates for Vote 48 are Kshs1,110,572,140, of which Kshs1,065,632,140 is for Recurrent Expenditure, while Kshs44,940,000 is for Development Expenditure. Those funds were utilized as follows:- Hosting the Kenya We Want Conference. The purpose of hosting that conference was to give Kenyans an opportunity to indicate what direction the country should take in terms of socio-economic and political development, especially after the post election violence. The money was also used for the implementation of public sector reforms. It was used in conducting performance contracting for all Government Ministries and Departments, including state corporations; undertaking inspections and audit of State corporations; conducting investigations of cases reported in Government and its agencies; undertaking efficiency audits for State corporations, Government departments and agencies, and the expenses of the Mau Forest Taskforce and its committee meetings expenses. As you are all aware, the report of the taskforce has already been laid on the Table of this House and now awaits debate. The money was also used in setting up and operationalizing the Climate Change Coordination Unit. We should be notified of the need to address that important aspect which is negatively impacting on the performance of our economy. Drought and hunger are now a reality in our lives and, as we move forward, that unit will play a crucial role in addressing those maladies. Then, of course, the money was used in coordinating the Kazi Kwa Vijana Programme and organizing finance and investment conferences. The Development Expenditure, on the other hand, was used for capacity building, reforms and institutionalizing rapid results initiatives. There was also the completion of the refurbishment, partitioning and furnishing of offices for the Efficiency Monitoring Unit. Please, note that the absorption capacity of the Office of the Prime Minister for the 2008/2009 Budget was 97 per cent for Recurrent Expenditure and 94.3 per cent for Development Expenditure. In the preparation of Medium Term Expenditure Framework (MTEF) Budget for 2009/2010, the Government adopted a programme-based budget. Mr. Temporary Deputy Speaker, Sir, let me now explain how we will utilize the funds for the 2009/2010 Financial Year. An amount of Kshs1,667,632,932 has been allocated to my Ministry in the current Financial Year 2009/2010. The net estimates of the Office of the Prime Minister for Financial Year 2009/2010 amount to Kshs1,275,200,000, as compared to the net provision of Kshs1,065,632,140 for the Financial Year 2008/2009. That reflects a net increase of Kshs209,567,860. The net
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increase is mainly due to the salaries for the new recruitment of staff and funding of the Mau Forest Complex Taskforce activities. For my Ministry to operate efficiently and effectively, and to address the challenges it is currently facing, I submitted to the Public Administration Sector and the Treasury a budget request of Kshs3,161,700,000 for the 2009/2010 Financial Year. That figure included an amount of Kshs2,361,700,000 and Kshs800 million for Recurrent and Development Votes, respectively. However, I have only been allocated a net Recurrent budget of Kshs1,275,200,000. I am expected to collect Kshs100,000 as Appropriations-in-Aid during the same period. The net Recurrent allocation, therefore, represents 40.3 per cent of my initial budget request, leaving a shortfall of 60 per cent. For the Development budget, my Ministry has been allocated Kshs392,432,932, which represents 41.9 per cent of the initial budget request of Kshs800 million. That, therefore, implies that I shall substantially scale down my programmes. It basically means that unless the shortfall is met at revised estimates level, 60 per cent of the Ministryâs planned activities will be postponed. That is regrettable because those activities are catalysts to the overall performance of the countryâs development agenda. Out of the net recurrent sum of Kshs1,275,200,000, personnel emoluments account for Kshs285,998,998 only. That amounts to 22.43 per cent, while operations and maintenance accounts for Kshs989,201,002, which is 77.57 per cent. Hon. Members may note that a substantial staffing requirement, which is approved, has not been recruited especially for the delivery unit. That will scale up the personal emolument figure. The ratio, however, is in favour of âOâ and âMâ. This yearâs budget is programme-based. The Ministry has one broad programme, which is coordination and supervisory services. Under that programme, we have the following seven sub-programmes. There is coordination services, supervisory services, monitoring and evaluation services, political and Parliamentary affairs, communications and Press services, performance contracting management and public sector transformation. The seven-sub programmes will utilize a net allocation of Kshs1,667,632,932 for the implementation of the main activities of the programmes. Hon. Members, over the past one year, my Ministry has faced a number of challenges in service delivery. That is due to the slow and intricate processes of organizational and system set up, lack of sufficient financial human resource deployment as well as insufficient office accommodation which are a prerequisite to effective and efficient service delivery. They have been a major hindrance. Though the funding levels are not adequate to implement all the Ministryâs planned activities, I wish to reiterate not only my commitment, but also that of the officers in my Ministry, to put into proper use those funds and accord Kenyans value for their money for the services which they so much desire. My Ministry, though not an implementing one, is involved in a number of coordination and supervisory functions. I have to prioritize some programmes and do the implementation processes in phases.
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Mr. Temporary Deputy Speaker, Sir, expenditure on O & M of Kshs989,201,002, will be spent under the following heads: Besides normal operation expenses, critical engagements of the Ministryâs headquarters shall include co-ordination and supervision of the departments in the Ministry, planning and development services, mainstreaming of HIV/AIDS activities through the Aids Control Unit, monitoring and evaluation of
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projects and programmes, mainstreaming anti-corruption activities in the Ministriesâ programmes, co-ordinating the performance contracting process, including preparation, evaluation and reporting, Mau Forest co-ordination activities, public sector transformation programmes and co-ordinating and implementing rapid results initiative programmes.
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We have Headquarters and Administration Services, Inspectorate of State Corporations, Efficiency Monitoring Unit co-ordination and supervisory services and performance contracting. The key areas of spending by these departments include capacity building and training, performance contracting and investigations, supervision, monitoring and evaluation and research investigations. Under the Transformation Unit, personal emoluments in the current budget will equal Kshs285,998,998.
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Under the Development Vote, the bulk of our development expenditure will be used for the proposed remodeling and refurbishment of the Shell and BP House which was procured by the Government to serve as offices for the Prime Minister. I think it is important that I also clarify here that this is not property specific to the Prime Minister. Other Government agencies which are housed in private quarters will also find room to be accommodated. Phase I of this refurbishment, as provided by bills of quantities by Ministry of Public Works, will cost Kshs281 million, while Phase II will cost Kshs114 million. These bills of quantities for Phase I and II will cost Kshs395 million. As hon. Members will note, this is far above the funds allocated in the net Development Budget. Mr. Temporary Deputy Speaker, Sir, I wish to confirm to the hon. Members that no funds will be used for refurbishment of private residences of the Prime Minister. The funds allocated for residence is for provision of temporary shelter and sanitation for Government security personnel deployed for the Prime Minister. There is also need to enhance the security surveillance system for the residences. Mr. Temporary Deputy Speaker, Sir, I also wish to state the importance of climate change co-ordination. In this regard, a unit has been established at my office to monitor and co-ordinate climate change issues. Counterpart funds have been provided for this unit, especially from the UNDP basket funds. We have also received funds from Jamaica to support the Prime Ministerâs Economic Advisory Team and DANIDA, supporting climate change co-ordination unit. Mr. Temporary Deputy Speaker, Sir, I wish to confirm that the funds allocated to my Ministry would be used in a transparent, efficient and effective manner, and in conformity with the relevant Government regulations and procedures, so that the desired services are delivered to the citizens. Mr. Temporary Deputy Speaker, Sir, in conclusion, it is now my humble duty to submit my Ministryâs 2009/2010 Financial Year net budget estimates of Kshs1,667,632,932 for both Recurrent Expenditure and Development Expenditure for consideration and approval by the hon. Members. Mr. Temporary Deputy Speaker, Sir, as I conclude my presentation, allow me to mention a few challenges that I foresee---
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order! Your time is up! Can you give us your concluding remarks?
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Mr. Temporary Deputy Speaker, Sir, with those remarks, I beg to move and request hon. Ojaamong to second.
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Sospeter Ojaamongson
(August 19, 2009 PARLIAMENTARY DEBATES 2804 The Assistant Minister for Labour)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to second the Vote on the Office of the Prime Minister. First, I want to wish the Prime Minister well because the job he is engaged in is a very difficult and intricate job. At one time, he even said here in Parliament that he was prepared to pay a political price. With regard to whatever he is doing in Mau Forest, which is part of his mandate, he will not mind even if it will cost him his political future. Mr. Temporary Deputy Speaker, Sir, there is the issue of the Kazi Kwa Vijana programme which falls under the Office of the Prime Minister. Indeed, it had a false start and was too bad for some of us in our constituencies. This money was meant to assist the jobless youth, but it ended up benefiting the District Commissioners (DCs), District Officers (DOs), the chiefs and the well to do people. There are places; especially in my constituency and others where you will find that millions were brought for the Kazi kwaVijana Programme. Youth worked for two days, but in the returns, they were falsified to appear as if they had worked for more than 20 days. This is not the picture that we want the Office of the Prime Minister to portray. I know that he is a very serious man. He is thorough and always believes in efficiency and value for whatever money that comes in his hands. I appeal that now that he has his officers here, they should go and re-assess how this programme is being implemented. Who is benefitting from it, so that we have corrective measures from the start before we go to the next financial year? Mr. Temporary Deputy Speaker, Sir, also under the Prime Ministerâs Office is the Public Service transformation. For a very long time, the public has not been getting value for the taxes they pay. If you went to any office, up to now, as the Assistant Minister, at times I become ashamed when I call another Ministerâs office and get the reception so unconcerned and casual. So, you will find that most of our civil servants to date need a lot of retraining. I am very happy that the Minister of State for Public Service, hon. Otieno, who is also a very thorough man, is here. He promised to embark on serious work to ensure that we have civil servants who deliver. We do not want people who just malinger in offices, hang coats there and do nothing. One night, I fell sick in Busia and I was taken to a district hospital. It was very difficult to find nurses and doctors despite my position in this Government. It took me around 12 hours to be treated. Now, take a case of an ordinary Kenyan. We need to enhance efficiency in the Civil Service.
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Sospeter Ojaamongson
(August 19, 2009 PARLIAMENTARY DEBATES 2804 The Assistant Minister for Labour)
Mr. Temporary Deputy Speaker, Sir, on this matter, I know that the Prime Minister has the capacity to implement. Unfortunately what he requested for or his planned activities have been cut down by almost 60 per cent. We appeal that depending on how he will perform with the little money that we have given him now, when the Supplementary Budget comes, we shall push so that he gets more money. He should then be able to track down these civil servants so that they deliver services to people. The issue of the Mau Forest falls under the Office of the Prime Minister. I want to join the rest of Kenyans in saying that water catchment areas have thoroughly been affected. I want the Prime Minister to extend his conservation efforts to places like Mt. Elgon where my friend Mr. Kapondi comes from. The forest has been cleared in Mt. Elgon and we need the replanting of trees there. My area is totally affected because the whenever there is any rain, it flows at a very fast speed and comes to destroy bridges, buildings and roads in Teso land. I am appealing that the Prime Minister takes this as a
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very challenging role, replants Mau and also goes to Mt. Elgon so that the water is able to flow with gravity but with limited speed. I will not go far but I wish the Prime Minister well and I wish to second his Vote.
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(Question proposed)
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Philip Kyalo Kaloki
(Mr. Temporary Deputy Speaker)
Mr. Kioni!
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An hon. Member
The Chair of the Departmental Committee!
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Then proceed!
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Fred Chesebe Kapondi
Mr. Temporary Deputy Speaker, Sir, first of all, before I delve into the Report of the Committee on Administration and National Security where the office of the Prime Minister falls, I wish to correct my brother, Mr. Ojaamong, that Mt. Elgon is not like Mau. Two weeks ago the Minister for Forestry and Wildlife, Dr. Wekesa, and I overflew Mt. Elgon and we did a thorough inspection on the conservation and we saw that the forest in Mt. Elgon is intact.
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Fred Chesebe Kapondi
Mr. Temporary Deputy Speaker, Sir, this Committee on Administration and National Security held a meeting with the Office of the Prime Minister on Monday, 13th July, 2009 to scrutinize this Vote. The Committee was able to examine the 2009/2010 Estimates of the Ministry and raised pertinent issues arising from the proceedings of the meeting. The Committee looked at the following areas of interest: Total net requested from the Exchequer by the Ministry, comparison of the previous allocation, allocations to new projects, Ministryâs absorption capacity, areas left out of the Estimates, proposed allocation vi-a-vis the achievement of the Ministryâs strategic plan and other areas related to the subject matter.
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Fred Chesebe Kapondi
Mr. Temporary Deputy Speaker, Sir, on comparison of the allocation for the 2008/2009 and 2009/2010 Financial Years, the Committee noted that there is an overall increment allocation for the Vote this Financial Year as compared to the Supplementary Estimates of 2008/2009, and the increment went up from 0.23 per cent to 0.28 per cent. Regarding the previous yearâs allocation, the comparison with the current year is as follows: 2009/2010 was Kshs1.8 billion and 2008/2009 was Kshs1.3 billion. On allocation to new projects and programmes, the Committee noted that the Mau Forest Task Force was allocated Kshs30 million and the Kenya We Want Conference which covered the KICC bill was allocated Kshs16 million. The absorption capacity for the Office of the Prime Minister (OPM) based on 2008/2009 budget is 97 per cent for the Recurrent Expenditure and 94.3 per cent for the Development Expenditure. There were projects left out in the allocations: The following projects were noted by the Committee:- 1. Cascading the Kenya We Want to district and provincial level, Kshs100 million. 2. The infrastructure sector, Kshs180 million. 3. OPM delivery unit, Kshs290 million 4. Mau Task Force, Kshs146,297,000 The total amount not funded that was requested by OPM was Kshs717, 657,110. Mr. Temporary Deputy Speaker, Sir, the Committee noted a few areas of concern, bearing in mind that this is a relatively new Ministry. One area of concern was the allocation of Kshs33,400,000 in this financial year to rehabilitate the OPM official residence. The Committee noted that instead of allocating this kind of money for refurbishment, the Government should consider putting up official residences not only for
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August 19, 2009 PARLIAMENTARY DEBATES 2806
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the Prime Minister but also for other constitutional office holders because the trend is the same. There is the Office of the Vice-President and that of the Chief Justice. The Committee felt very strongly that all constitutional office holders should occupy official residences whereby in those residences they should sign bills and account for all expenses incurred the way it is done in the White House. Mr. Temporary Deputy Speaker, Sir, the Committee sought to know why there was an increase in domestic travel, foreign travel and hospitality from Kshs191.7 million in the last financial year to Kshs277.3 million under the Sub-Head 4003 â Prime Ministerâs Cabinet Affairs. It emerged that the Prime Minister chairs five committees of the Cabinet and therefore there was that need for adequate budgetary allocation to facilitate meetings. The Committee was also concerned about the increased allocation under Sub-Head 024 â Environmental Management Programmes which went up from Kshs77.3 million to Kshs557.45 this financial year. The Committee heard that this increase was as a result of the need to resettle people who would be moved from Mau and the need to employ surveyors, specifically security officers and other rehabilitation agents. Further, it was stated that there is a special task force whose mandate is to review the situation on the ground and in doing so, the task force needs to hire experts. So, that justified that budgetary allocation. Mr. Temporary Deputy Speaker, Sir, the Committee had very few areas of concern and those were the areas, considering the fact that the Ministry is very new. The Committee recommends that the Prime Minister be allowed to withdraw the requested funds from the Consolidated Fund and that more funds be allocated in the forthcoming financial year, bearing in mind that he plays a pivotal role of supervising and co- ordinating Government programmes for efficiency in delivery of service in the Government. With those few remarks, I wish to support.
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The Minister of State for Planning, National Development and Vision 2030
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(Mr. Oparanya): Mr. Temporary Deputy Speaker, Sir, I stand here to support the Motion. I have found out from my colleague, the Assistant Minister in the Office of the Prime Minister that they requested Kshs3, 161,709 and out of that, they were only allocated Kshs1, 275,200. There is a shortfall of Kshs1,886,500,000. This is a major shortfall, putting into consideration that this is a key Constitutional Office which has the mandate to co- ordinate and supervise all the Ministries.
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Mr. Temporary Deputy Speaker, Sir, it is important that this Office, being new, and to ensure that it works within its mandate, it should have been allocated the funds requested. I have discovered that the Office of the Prime Minister co-ordinates the issue of Mau Forest and climate change. Surprisingly, these two important issues are dependent on foreign funding which is very unfortunate. I cannot re-emphasize the issue of Mau Forest here. As you are aware, we are having a problem of drought and climate change is with us. It is important that the issues to do with climate change are mainstreamed in the Budget process so that we are able to have enough money to deal with climate change.
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Mr. Temporary Deputy Speaker, Sir, I want to congratulate the Prime Minister because as soon as he assumed that Office, he has been able to engage the private sector. He has been holding meetings with the private sector on quarterly basis and as such the investment environment has been improved. Because of that, the Port of Mombasa now
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August 19, 2009 PARLIAMENTARY DEBATES 2807
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operates 24 hours and most of the road blocks that were on the way now have been removed. I hope as we continue that way, we are going to reduce the cost of doing business in Kenya.
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The issue of e-government--- I am happy that my colleague, Mr. Dalmas Otieno, is here. It is important that now as a Government we embrace e-government projects and ensure that this project is implemented immediately. If we have to move forward, as a Government, we have to embrace new technology.
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I have only one issue that I feel that it has not been implemented properly by the Office of the Prime Minister which is the Kazi Kwa Vijana Programme. This is a project that was well thought that it will help our young people get some employment to help themselves, especially during this time that we have a shortage of food. But the way it has been implemented---
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With those few remarks, I beg to support.
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Rachel Wambui Shebesh
Thank you, Mr. Temporary Deputy Speaker, Sir. I want to start by supporting this Vote and say that I am happy today that the Prime Minister launched a strategic plan. The introduction of the Prime Ministerâs Office in this country came with some misconceptions which were cleared today and we hope will continue to be cleared in the minds of Kenyans. We must appreciate this office as an institution that is bringing a new way of governing Kenya. Kenyans are now realizing the importance of having a Prime Minister. I do not think that it is any longer going to be personalized because after the strategic plan today and after the introduction that the Assistant Minister has given, it is clear that the role of this Office is paramount to the success of a Government. I am saying this because I know that there is still debate with the new Constitution on which system of Government this country should follow. I am suggesting that by looking at the kind of work that the Office of the Prime Minister is doing and is capable of doing, that we see this office as a way that Kenya can help itself to govern and to allow people to be involved in governing themselves and also to allow for devolution to take place.
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Rachel Wambui Shebesh
I want to speak about the Ministries that fall under the Office of the Prime Minister and I want to start with the Ministry of State for Planning, National Development and Vision 2030. I am glad the Minister is here. On this I would just like to say one thing that unfortunately Vision 2030 has not been a buy-in. It is a beautiful and brilliant written document which Kenyans do not understand. I am asking the Minister and the Prime Ministerâs Office to re-think launching this document at the grassroots. Kenyans need to understand what Vision 2030 is because we keep referring to it. It will be unfortunate for us to keep pegging everything to Vision 2030 which even I dare to say some of us also do not really understand. We must buy into this vision so that we can progress and succeed. So, I am asking that Ministry to re-look at re-launching the Vision 2030 at the grassroots level.
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Rachel Wambui Shebesh
Mr. Temporary Deputy Speaker, Sir, in my view, the Ministry for Northern Eastern and Other Arid Lands is still lip service. As long as it is under the Office of the Prime Minister, it is going to be a black mark for that office. If this Ministry is not funded properly, the people of North Eastern Province will see it as lip service of this Government. Since it is under the Office of the Prime Minister, they must take full responsibility to ensure that this Ministry is well funded and executes what it was brought in place to execute.
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August 19, 2009 PARLIAMENTARY DEBATES 2808
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For the Ministry of State for Public Service, I only have one thing to say on the issue of women representation. There is still a big gap and I am asking the Minister of State for Public Service to look at the gender representation within the Ministries and the Public Service because women have a right to be employed and be within the Public Service. I know that it is a long restructuring process but we must bite the bullet and see that the women are represented with, at least, the one third for affirmative action that we are signatory to. I am asking again for the Minister to, please, look at this. I also want to speak about the Kazi Kwa Vijana programme. They stop this programme. I can assure you that even if you re-look at it, re-draw it or re-think it, it is already a letdown. They should take that money in the next process that they are taking as the Office of the Prime Minister and re-look at those billions of shillings and take them to the relevant Ministries. I suggest that they disburse them through the constituencies because there is no way that kind of money can be allowed to be wasted when it was allocated for young people. It is going to the offices and pockets of DCs and DOs. It is a shame! I suggest that we just stop this Kazi Kwa Vijana programme and re-look at a marshal plan for job creation for young people in this country. I want to finish by saying this: That the private sector round table meetings may be good on the face of it. But again, where are the women? I am raising this issue because I have done my research. Women have now formed their own association called the Kenya Women in Business Association. Women have unique problems in business, is it possible that the Prime Minister can find time to sit with Kenyan business women as he does with the big old boys club called the private sector because it does not represent the women in business? With those few remarks, I beg to support.
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Peter Njuguna Gitau
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute, once again to this very important Vote. First, I will take the opportunity to thank the Prime Minister for the able manner he has handled this Office. I also congratulate the two Deputy Prime Ministers in the same office for the manner they have been able to represent the Prime Minister in this Office. I also take this chance to reflect on the Mau issue. We need to thank the Prime Minister for the strong interest and enthusiasm he has shown in the settlement on this issue. We would like the issue to be given a human face because we have children and the aged in that area. As a solution is being found, those people should be handled in a responsible manner. There are areas where some people were evicted in order to restore the water catchment areas. For instance, we have people who were evicted from Crater Forest in Lari Constituency. I propose that these people be re-settled too.
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Peter Njuguna Gitau
I would like to support the HIV/AIDS programme that the Prime Ministerâs Office co-ordinates. The Ministry ought to have been allocated slightly more money in order to cover the whole nation. The Prime Minister should not forget the aged because we have many of them and they should be supported financially.
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Peter Njuguna Gitau
Matters of relief food are also being co-ordinated by the Prime Ministerâs Office, and yet there are some areas in this country which have been given a âblackoutâ. For example, Central Province has been ignored. I urge the Prime Minister to pay more attention to the starving and the suffering in Central Province.
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August 19, 2009 PARLIAMENTARY DEBATES 2809
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I would like to talk about co-ordination of all Government Ministries. The Prime Minister is charged with this responsibility. He can only do this through effective service delivery, accountability and transparency. On the same breath, I urge the Prime Minister to pay special attention to the Judiciary which has about 900,000 unsettled cases. He should also fight corruption in the police force.
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Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support the Motion.
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Mohammed Abdi Affey
Thank you, Mr. Temporary Deputy Speaker. I stand to support this very important Vote. First of all, the Office of the Prime Minister has been bestowed by the Constitution the function of co-ordinating Government Ministries. We will request the Prime Minister with his officials to appear before our Departmental Committee on Equal Opportunities. The Committee would like to know from the Prime Minister whether the resources, both human and financial, have been distributed equally in this country. I am just alerting him so that he can prepare the data that is required.
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Mohammed Abdi Affey
This Office was established in this country under very difficult circumstances. The initial intention was to see whether we could restore political stability in Kenya. That has been achieved and Government functions are running well. Now that the Office of the Prime Minster has become a permanent feature in our Constitution and the Minister for Justice, National Cohesion and Constitutional Affairs is here, could this Office continue being entrenched and established in our Constitution? The President and the Prime Minister have served us well. This is the system we require in this country - hybrid system. If this is done, the power of the President, the Prime Minister and Parliament will be checked. We should fast-track the reform now because this Office has worked. Initially, there was a lot of pessimism about establishing the Premiership in this country. However, we can see that it is working. The earlier the Ministry of Justice, National Cohesion and Constitutional Affairs and the Office of the Prime Minister fast-track constitutional reforms, the better. Before we go into the next election we should re-affirm that this Office is in our Constitution.
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Mohammed Abdi Affey
Mr. Temporary Deputy Speaker, Sir, the Office of the Prime Minister is now in charge of the Ministry of Development of Northern Kenya and Other Arid Areas. This will be the biggest test. We do not want this Ministry to also behave as if it is in charge of co-ordination. The person who is doing that on behalf of the Government is the Prime Minister. The Prime Ministerâs Office should allocate the Ministry of Development of Northern Kenya and Other Arid Areas functional duties. So, there is need for him to re- define the role of this new Ministry. It should be given status and allocated funds. If the Prime Minister fails to do this, we will confirm that this is what he told us during the campaigns. This will be a big test for the Prime Minister who is aspiring to be President of this country one day. We shall monitor seriously value addition to the people of Kenya.
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Mohammed Abdi Affey
The Office of the Prime Minister has established several task forces. I want him to consider establishing a task force on Somalia. It looks like the Prime Minister has perfected the art of establishing task forces. Every time there is a crisis, he comes up with a task force. This is good provided the reports are implemented. The situation in Somalia is serious and it requires a lot of attention. This countryâs stability is threatened by the crisis in Somalia. We should think outside the Government and see whether we can add value.
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August 19, 2009 PARLIAMENTARY DEBATES 2810
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The Office of the Prime Minister is not a party office. I would like the Prime Minister and the Permanent Secretary to know this. There has been a tendency now to use that Office as an extension of a political party. There is a big difference between the Office of the Prime Minister and a party office. We support that Office not because of the holder, but because we believe in the building of an institution. The Premiership will be with us because it has become a permanent feature in our Constitution. What we have heard today about an officer in that Office writing letters using Government letterhead is not pleasing. There must be discipline. They are trying to experiment and we are not blaming them. I think they are trying to learn the hard way. However, there is need for the Prime Minister to crack the whip. Let the officers who work in that Office not bring activism of the political party into the functions of the Government. I would like to be served by that Office as a Member of ODM (K). How can an office of Government write a letter appealing for funds using Government letterhead? This does not happen with my party leader. The Vice-President does not use his Officeâs letterhead to solicit for support.
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Mr. Temporary Deputy Speaker, Sir, I would like to support this Motion.
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James Gesami
(The Assistant Minister for Public Health and Sanitation)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to make a short contribution.
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James Gesami
(The Assistant Minister for Public Health and Sanitation)
We have been told that the Prime Minister had requested for Kshs3 billion to run his Office which is relatively new. When you are dealing with a new office, you need space and staff. You will also incur other expenditure. The Kshs1.6 billion that the Prime Ministerâs Office has been allocated is peanuts. This Parliament should consider allocating the Office the Kshs3 billion that it sought.
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James Gesami
(The Assistant Minister for Public Health and Sanitation)
I have been in the Civil Service where we carried out co-ordination and supervision exercises. I can assure you that co-ordination and supervision is a very expensive exercise, particularly when one is dealing with 42 or more Ministries. One cannot perform those roles without monitoring and carrying out evaluation. This means that this Office requires more money. The Prime Minister has requested for a very small amount of money. Parliament should ensure that this is a functional office. In addition, we should realise that the Prime Minister is co-ordinating the Mau activities. We have seen how the Mau Forest has been messed up. This Office needs more money to make it functional. We, therefore, need more money in this Office to make it function.
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James Gesami
(The Assistant Minister for Public Health and Sanitation)
With those few remarks, I beg to support.
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Aden Bare Duale
(The Assistant Minister for Livestock Development)
Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me the opportunity to contribute to this debate. I stand here to support the debate on the Vote of the Office of the Prime Minister.
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Aden Bare Duale
(The Assistant Minister for Livestock Development)
I want to dwell on the new Office of the Prime Minister. I want the Prime Minister to re-look at the following key areas that fall under his docket. One of them is the Ministry of State for Development of Northern Kenya and Other Arid Lands. We have said many times on the Floor of this House that the Government felt that the creation of the Ministry of State for the Development of Northern Kenya and Other Arid Lands was significant to the people of Northern Kenya in their economic and social activities and for infrastructure. Mr. Temporary Deputy Speaker, Sir, the Ministry has been formed to bring the people of northern Kenya at par with the rest of this country but, as the duly elected representatives of northern Kenya, we are saying that, that has not been achieved in the
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August 19, 2009 PARLIAMENTARY DEBATES 2811
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second financial year running of this five year period. The Office of the Prime Minister has the moral obligation to make sure that the funding that comes from the Ministry of Finance to the respective Ministries is done across the board. We, the people of northern Kenya, feel that we need more answers than anything else, if the Ministry of State for the Development of Northern Kenya and Other Arid Lands is under the Office of the Prime Minister. My second point is that the Office of the Prime Minister must be funded. It must take the lead in the reform agenda of this country. Agenda Four of the National Reconciliation Process is yet to be realised. We need to see the Office of the Prime Minister leading everybody else on the constitutional matters of this country. We want to hear what the Committee of Experts is doing. We want the Office of the Prime Minister to support the Ministry of Justice, National Cohesion and Constitutional Affairs in the formation and running of the various commissions that this Office has operationalised. Mr. Temporary Deputy Speaker, Sir, I tend to agree with Mr. Affey that we should de-link party politics from the Office of the Prime Minister. We should de-link the party called âODMâ from the Office of the Prime Minister. The ODM, as a party, has its Secretariat. It is being funded under the Political Parties Act. I want to agree with Mr. Affey that when we talk of the Office of the Prime Minister, we should not talk of ODM. When we talk of the Office of the Vice President and Minister for Home Affairs, it should not be synonymous with ODM-K. When we talk of the Ministry of State for Provincial Administration and Internal Security, we are not talking about PNU. This must come out very clearly. Mr. Temporary Deputy Speaker, Sir, finally, we hear a lot about the concept of co-ordination and supervision of other Ministries. We want the Office of the Prime Minister and his able team, led by the Permanent Secretary, to walk the talk,and give us a report on how they monitor the various Government Departments, in terms of the various projects that they implement on behalf of the people of Kenya. With those few remarks, I beg to support the Motion.
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
I now call upon the Minister to respond.
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Thank you, Mr. Temporary Deputy Speaker, Sir. I want to take this opportunity to thank Members of Parliament for their contributions and the very useful suggestions they have made.
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
I want to state here that the Office of the Prime Minister is a very new office. There is a lot that can be done to make it a better office from an operational and functional point of view. The comments that have been put forward are the ones that we will incorporate in our decision making process as we try to transform it, so that it can meet its mandate.
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
I would like to say that the Kazi kwa Vijana programme is a very noble idea because it is intended to put something on the table for the young people. If we do not do so, worse things could happen. Most of these unemployed youth are engaging in criminal activities. This initiative is one way of fighting crime and other social ills.
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
I would like to agree with hon. Members that unfortunately we have not determined a very efficient manner of making sure that whatever money is intended to benefit the youth, does benefit them. It is true that in some districts and offices,
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August 19, 2009 PARLIAMENTARY DEBATES 2812
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falsification of documents has been done indicating that youth were involved in some activities and they were paid money and yet no such activity took place. We have noted this point already and it is being addressed. We want to assure this House that those concerns will be taken care of.
-
We were talking about the same thing here when we were debating the Vote for the Office of the President. We discussed the issue of corruption which is rife in public service.
-
Mr. Temporary Deputy Speaker, Sir, there are issues of service delivery and poor response which was raised by Mr. Ojaamong. It is important that the office of the Prime Minister cracks the whip to ensure that the transformation we are talking about is there. I want to agree again that that issue is there, but we must appreciate the efforts that are really being made. Some of these issues require time to be addressed. We have a civil service which is not very well motivated and was previously not well paid and has lived in denial for a very long time. The transformation process will take time. Efforts must be made to ensure that they are properly remunerated, so that they can concentrate on service delivery. As you will all agree, when they are not properly remunerated they end up spending some of the Government time looking for extra money to feed their families.
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Literally everybody has talked about the issue of Mau Forest. It is a major debate that is going on. The only assurance I want to give to this House is that it is the one which takes nearly 40 per cent of the Prime Ministerâs time. A lot of effort, contrary to what everybody says out there, has gone into it. It will end well. It is a very simple thing. We have to protect Mau Forest and all forests and catchment areas, including Mt. Elgon. There is no going back on that issue.
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The issue of residences for constitutional office holders is a good idea. There are many other issues that have been brought here. I would like to summarize by saying that today the President was kind enough to launch the Prime Ministerâs Strategic Plan. Most of these concerns are actually highlighted in that strategic plan. As this new Ministry moves forward, I am sure, next year, all these issues that have been raised will be addressed, including the issue of Vision 2030, MDGs and northern Kenya. I want to appeal to Members of Parliament, that we really need to talk about productive activities; the Millennium Development Goals (MDGs) and Vision 2030. At the moment we are not doing that. We are talking about issues which are not productive. This means that a lot of our time and effort engagement is not going to help this country to grow. With those few remarks, I beg to move.
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(Question put and agreed to)
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[The Temporary Deputy Speaker (Prof. Kaloki) left the Chair]
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IN THE COMMITTEE
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[The Temporary Deputy Chairman (Mr. Chachu) took the Chair]
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Francis Chachu Ganya
(August 19, 2009 PARLIAMENTARY DEBATES 2813 The Temporary Deputy Chairman)
Hon. Members, we will start with the Ministry of State for Provincial Administration and Internal Security.
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Francis Chachu Ganya
(August 19, 2009 PARLIAMENTARY DEBATES 2813 The Temporary Deputy Chairman)
Vote 01 â Ministry of State for Provincial Administration and Internal Security
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The Minister of State for Provincial Administration and Internal Security
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(Prof. Saitoti): Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, a sum not exceeding Kshs21,763,754,500 be issued from the Consolidated Fund to complete the sum necessary to meet expenditure during the year ending 30th June, 2010 in respect of:-
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Vote 01 â Ministry of State for Provincial Administration and Internal Security
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(Question proposed)
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VOTE R01 â RECURRENT EXPENDITURE
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SUB-VOTE 010 â GENERAL ADMINISTRATION AND PLANNING
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(Heads 001 and 797 agreed to)
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(Sub-Vote 010 agreed to)
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SUB-VOTE 011 â FIELD ADMINISTRATION SERVICES
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(Heads 005 and 006 agreed to)
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(Sub-Vote 011 agreed to)
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SUB-VOTE 012 â ADMINISTRATION POLICE SERVICES
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(Heads 010, 011, 012, 279, 281, 285, 319, 337 and 525 agreed to)
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(Sub-Vote 012 agreed to)
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SUB-VOTE 013 - GOVERNMENT PRESS
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(Head 014 agreed to)
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(Sub-Vote 013 agreed to)
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SUB-VOTE 017 - POLICE DEPARTMENT
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August 19, 2009 PARLIAMENTARY DEBATES 2814
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(Heads 003, 007, 008, 009, 083, 085, 086, 091, 092, 093, 094, 095, 097, 101, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 150, 301, 302, 388, 389, 390, 394, 396, 397, 398, 586 and 747)
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(Sub-Vote 017 agreed to)
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SUB-VOTE 019 - GENERAL SERVICE UNIT
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(Heads 088, 102, 103, 303 and 304 agreed to)
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(Sub-Vote 019 agreed to)
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(Vote R01 agreed to)
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VOTE D01 - DEVELOPMENT EXPENDITURE
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SUB-VOTE 010 - GENERAL ADMINISTRATION AND PLANNING
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(Head 001 agreed to)
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(Sub-Vote 010 agreed to)
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SUB-VOTE 011 - FIELD ADMINISTRATION SERVICES
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(Heads 005 and 006 agreed to)
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(Sub-Vote 011 agreed to)
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SUB-VOTE 012 - ADMINISTRATION POLICE SERVICES
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(Heads 010, 011, 012, 281 and 319 agreed to)
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(Sub-Vote 012 agreed to)
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SUB-VOTE 013 - GOVERNMENT PRESS
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(Head 014 agreed to)
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(Sub-Vote 013 agreed to)
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SUB-VOTE 017 - POLICE DEPARTMENT
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(Heads 003, 007, 008, 009, 085, 086, 092 and 095 agreed to)
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August 19, 2009 PARLIAMENTARY DEBATES 2815
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(Sub-Vote 017 agreed to)
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SUB-VOTE 019 â GENERAL SERVICE UNIT
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(Heads 088, 102, 103 and 304 agreed to)
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(Sub-Vote 019 agreed to)
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(Vote D01 agreed to)
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(Question put and agreed to)
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(Resolution to be reported without amendment)
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Vote 48 â Office of the Prime Minister
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Mr. Temporary Deputy Chairman, Sir, I beg to move:-
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
THAT, a sum not exceeding Kshs833,816,466 be issued from the Consolidated Fund to complete the sum necessary to meet expenditure during the year ending 30th June, 2010, in respect of:-
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Vote 48 â Office of the Prime Minister
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(Question proposed)
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
VOTE R48 â RECURRENT EXPENDITURE
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
SUB-VOTE 480 â GENERAL ADMINISTRATION AND PLANNING
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(Heads 024, 403 and 439 agreed to)
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(Sub-Vote 480 agreed to)
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
SUB-VOTE 481 â INSPECTORATE AND MONITORING SERVICES
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(Heads 256 and 556 agreed to)
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(Sub-Vote 481agreed to)
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
SUB-VOTE 482 â CO-ORDINATION AND SUPERVISORY SERVICES
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(Head 387 agreed to)
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(Sub-Vote 482 agreed to)
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August 19, 2009 PARLIAMENTARY DEBATES 2816
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(Vote R48 agreed to)
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VOTE D48 â DEVELOPMENT EXPENDITURE
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SUB-VOTE 480 â GENERAL ADMINISTRATION AND PLANNING
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Head 024 â Headquarters and Administrative Services
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Martha Karua
Mr. Temporary Deputy Speaker, Sir, I notice that under Item 3110300, this Sub-Head is talking about refurbishing of buildings. I am suggesting that this is something that the Prime Ministerâs Office and the Government should rethink in view of the hunger which is causing our people to feed on pigsâ food, and in view of the problems experienced by the Internally Displaced People (IDPs).
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(Head 024 agreed to)
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(Head 403 agreed to)
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(Sub-vote 480 agreed to)
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(Vote D48 agreed to)
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(Question put and agreed to)
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(Resolution to be reported without amendment)
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(The House resumed)
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[The Temporary Deputy Speaker (Prof. Kaloki) in the Chair]
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REPORTS
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Vote 01 â Ministry of State for Provincial Administration and Internal Security
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Francis Chachu Ganya
Mr. Temporary Deputy Speaker, Sir, I am directed to report that the Committee of Supply has considered a Resolution that a sum not exceeding Kshs21,763,754,500 be issued from the Consolidated Fund to complete the sum necessary to meet expenditure during the year ending 30th June, 2010 in respect of Vote 01 â Ministry of State for Provincial Administration and Internal Security and has approved the same without amendment.
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The Minister of State for Provincial Administration and Internal Security
-
(Prof. Saitoti): Mr. Temporary Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee in the said Resolution.
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August 19, 2009 PARLIAMENTARY DEBATES 2817
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The Assistant Minister, Office of the Prime Minister
(Mr. Khangâati) seconded.
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(Question proposed)
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Martha Karua
Mr. Temporary Deputy Speaker, Sir, as we agree with the Resolution, I would urge that the money be put to the use of ensuring that the public are secure and safe-guarded and that their human rights are protected and upheld.
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Martha Karua
I beg to support.
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Raphael Lakalei Letimalo
Mr. Temporary Deputy Speaker, Sir, I do agree totally when the Minister says that cattle rustling can be a cause of insecurity. I want to assure him that for those of us who come from pastoral areas, we are going to support him. I really want to appreciate the effort being made by the Minister and his entire staff to combat and eradicate cattle rustling. However, I wish to bring to the attention of the Minister the fact that I am particularly disturbed about the bias and brutality meted out against the Samburu community where they send their security personnel to recover stolen animals. I think it is important that they also involve the community. We have peace committee members who are ready to assist and make sure that peace is there. Also, there is traditional governance. The elders who are there must be used. My concern is that the Government deployed 600 security personnel who were armed and backed by military choppers to round up animals while they were grazing. About 4,115 cattle were taken from Samburu East, driven to Isiolo and given to other communities. That is one matter that I do not want you to wish away. The Government must either bring back the forcefully taken livestock or compensate the affected families for peaceful co-existence of the neighbouring communities.
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Raphael Lakalei Letimalo
Secondly, Mr. Temporary Deputy Speaker, Sir, there are vacant administrative units and I am particularly concerned because in my district, Samburu East, we have ten-- -
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Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Order, Mr. Letimalo! It is not time to debate! We have already done that.
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Raphael Lakalei Letimalo
Mr. Temporary Deputy Speaker, Sir, I just want to say that when you have ten vacant administrative units in one area where, there is no chief or assistant chief, you can imagine the kind of administration in that area. I just want to appeal to the Minister that these ten vacant administrative units be filled.
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Raphael Lakalei Letimalo
With those few remarks, I beg to support.
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(Question put and agreed to)
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Raphael Lakalei Letimalo
Vote 48 â Office of the Prime Minister
-
Francis Chachu Ganya
Mr. Temporary Deputy Speaker, Sir, I am directed to report that the Committee of Supply has considered the resolution that a sum not exceeding Kshs833,816,466 be issued from the Consolidated Fund to meet expenditure during the year ending 30th June, 2010 in respect of Vote 48 â Office of the Prime Minister and has approved the same without amendments.
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August 19, 2009 PARLIAMENTARY DEBATES 2818
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Alfred Khang'ati
(The Assistant Minister, Office of the Prime Minister)
Mr. Temporary Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee in the said resolution.
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The Minister of State for Planning, National Development and Vision 2030
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(Mr. Oparanya) seconded.
-
(Question proposed)
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Martha Karua
Mr. Temporary Deputy Speaker, Sir, as we approve this amount, we hope that the Office of the Prime Minister will actually carry out the expected duties, that is, co-ordinating and supervising Government activities. We should not be having runaway corruption when there is an office to co-ordinate and supervise. We should not have violation of human rights. Also, we should not have the general mismanagement that is going on in the Government. We expect the taxpayersâ money to be put to good use.
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Martha Karua
With those few remarks, I beg to support.
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Peter Njuguna Gitau
Mr. Temporary Deputy Speaker, Sir, mine is very brief. I only want to urge the Prime Minister to make sure that those people who are now destroying or cutting trees in Mau area are stopped immediately for the interest of this nation.
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Washington Jakoyo Midiwo
Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister of State for Planning, National Development and Vision 2030 for sitting here and I also want to thank Assistant Ministers for always being here. We will support you!
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Martha Karua
They are paid!
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Washington Jakoyo Midiwo
I know they are paid but many others are also paid but they are never here. So, we want to thank you very much.
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(Applause)
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Washington Jakoyo Midiwo
Mr. Temporary Deputy Speaker, Sir, I only wanted to request his office that the matter which Kenyans are complaining about is the issue of recruitment to the National Youth Service (NYS). People are saying that it is biased and they should, kindly, correct it for us.
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Washington Jakoyo Midiwo
With those few remarks, I beg to support.
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(Question put and agreed to)
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ADJOURNMENT
-
Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
Hon. Members, there being no other business, the House is, therefore, adjourned until tomorrow, Thursday, 20th August, 2009, at 2.30 p.m.
-
Philip Kyalo Kaloki
(The Temporary Deputy Speaker)
The House rose at 7.15 p.m.
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