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  • Sitting : National Assembly : 2013 06 18 14 30 00
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  • Page 1 of Tuesday, 18th June, 2013
  • June 18, 2013 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY
  • OFFICIAL REPORT

  • Tuesday, 18th June, 2013
  • The House met at 2.30 p.m.
  • [Hon. Speaker (Mr. Muturi) in the Chair]
  • PRAYERS

  • PETITION

  • REVISION OF MINISTRY OF EDUCATION’S BUDGET

  • Hon. Speaker

    Hon. Irungu Kang’ata.

  • Irungu Kang'ata

    Yes, hon. Speaker, Sir. Before you is a petition dated 11th June, 2013. The petition is seeking that this House does revise the Ministry of Education’s budget. I will compel the Ministry of Education to provide funds, in its budget, for the Free School Feeding Programme for all public primary school pupils in Kenya and payment, on behalf of all Standard Eight public primary school pupils of Kenya, the Kenya National Examinations Council (KNEC) final examination registration fees at Kenya Certificate of Primary Education (KCPE) level.

  • Irungu Kang'ata

    The petition is signed by 20 persons. It is based on these grounds: Kenya’s Free Primary Education (FPE) policy was implemented in January 2003. It opened up opportunities for disadvantaged and poor pupils who have never been to school. The Constitution establishes the right to education. Also, the Basic Education Act of 2013 grounded FPE into law but despite elimination of school fees in Kenya many children do not go to school, the reason being we have associated costs. For instance, there are school uniforms, lunches and transportation. So, therefore, Kenya is enjoined by law to implement United Nations Millennium Development Goals (MDGs) within the next two years in 2015. So, therefore, ways must be found to ensure that our education at the primary school level is totally free.

  • Irungu Kang'ata

    Hon. Speaker, Sir, we are also bound by international obligations towards FPE. I refer this House to the World Conference on Education for All that was held in Thailand in 1990 and also the World Education Forum held in Dakar, Senegal in 2000. The Government attended both conferences. We signed the recommendations of those international conventions. So, therefore, Article 25 of our Constitution binds us to provide universal free education. The FPE policy did not per se bar introduction of some form of fees. So, therefore, extra charges have been charged, for instance the school feeding programme. So, therefore, those who are poor are unable to pay for free lunch.

  • Irungu Kang'ata

    Hon. Speaker, Sir, I refer this House to Section 29(2) of the Basic Education Act of 2013. It says and I quote:

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  • June 18, 2013 PARLIAMENTARY DEBATES 2
  • “Other charges maybe imposed at a public school with the approval of the Cabinet Secretary in consultation with the county education board provided that no child shall be refused to attend school because of failure to pay such charges.” This section is rarely implemented. That is why you will see in several instances children are usually sent home despite Kenya having adopted a universal free education programme. It is on that background that I am asking this House to revise the current budget of the Ministry of Education. We do two things; one, we abolish Standard Eight KCPE charges. Two, I am asking this honourable House to provide in the budget of the Ministry of Education funds where every child attending school in public schools in this country is given free lunch.
  • Hon. Speaker, Sir, I have done my mathematics---
  • Hon. Speaker

    Please, you know it is not debate time. You are presenting a petition.

  • Irungu Kang'ata

    No. I am presenting a petition. Hon. Speaker, Sir, I have done my mathematics.

  • Hon. Speaker

    Hon. Irungu, you will not be allowed to begin a debate.

  • Irungu Kang'ata

    No, it is not a debate. I am presenting a petition.

  • Hon. Speaker

    There is no room for mathematics.

  • (Laughter)
  • Irungu Kang'ata

    No! It is important. This is the most important point.

  • Hon. Speaker

    Resume your seat if you have nothing else to say.

  • Irungu Kang'ata

    No, just one final point.

  • Hon. Speaker

    You cannot say no.

  • Irungu Kang'ata

    Hon. Speaker, Sir, I beg---

  • (Laughter)
  • Hon. Speaker

    Your microphone will be switched off.

  • Irungu Kang'ata

    Hon. Speaker, Sir, I apologise.

  • Hon. Speaker

    Present your petition. Desist from debating.

  • Irungu Kang'ata

    Thank you, hon. Speaker, Sir. We have six million children in our public primary schools. When you assume you are giving one pupil Kshs.100 per day for 270 school days, that money comes to only Kshs16.2 billion.

  • Hon. Members

    Kshs16.2 million.

  • Irungu Kang'ata

    When you do this other aspect of examination where they pay only Kshs800, it only comes to a small sum of Kshs500 million. I am asking you to revise only two aspects; you provide Kshs16.2 billion and Kshs500 million then we will-- -

  • Hon. Speaker

    Hon. Irungu Kang’ata, you may now go and resume your seat.

  • Irungu Kang'ata

    Much obliged.

  • Hon. Speaker

    Your petition is referred to the Departmental Committee on Education, Research and Technology. It is there that you can go and prosecute it with the vengeance, courage and vigour that you want to do at this moment. Otherwise, you have

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  • June 18, 2013 PARLIAMENTARY DEBATES 3
  • not been discouraged but I am sure there will be the forum where you and a lot of others will be able to canvass the issue.
  • Do I see a request? You have heard what hon. Kang’ata has said. Hon. Simba
  • Paul Simba Arati

    Thank you, hon. Speaker, Sir. I stand on Standing Order No.84. I want to indulge the House concerning the malicious allegations circulating in the media and social media. Hon. Speaker, Sir, the circulation is a series of attacks on my character.

  • Hon. Speaker

    Hon. Simba, I have some five minutes for Members to express themselves on the petition presented by hon. Kang’ata, before we come to your Personal Statement.

  • Paul Simba Arati

    Thank you, hon. Speaker, Sir.

  • Franklin Mithika Linturi

    Thank you, hon. Speaker, Sir. I want to urge the House to consider the petition brought before it by hon. Kang’ata, which I really appreciate and want to associate myself with the problems that the poor parents and children from poor families face in this country. We also need to look into a situation whereby, as we try to provide or set aside money for provision of food in schools, we make parents aware that this country can never have everything being given for free. I am saying this because we have a situation whereby we are creating very irresponsible parents in this country. I am talking as a leader. On Friday, I was attending education day for one of my schools and in one of the schools which are doing very well, parents are making noise that they have to pay an extra Kshs.20 for purposes of their children getting extra couching. You fail to understand why any parent, if they are worth being called a parent, would make noise when they are being asked to chip in something. The Kibaki era is gone whereby children or parents used to say this is a Kibaki child. So, parents must become responsible. We will do what we can as Parliament, but we also want those that get to sire children to know that costs must come with whatever they do as parents.

  • Hon. Speaker

    Very well, on that petition please.

  • Julius Kipbiwot Melly

    Thank you, hon. Speaker, Sir. I want to contribute and support the petition. In the last ten years, the Government introduced the free primary education and it is still at the figure it was at that time, yet we have inflation and a lot of effects on that particular amount of money that was given. As a Member of the Education, Research and Technology Committee and a Vice Chairman for that matter, I want to state it here clearly that we in the Committee had asked the Ministry to factor in the need to increase that amount of money for free primary and secondary education. Even as we talk today, and we tend to say that we are giving out free primary and secondary education, the money is not enough; we are cheating ourselves. If the Government is really serious about giving free primary and secondary education, it has to factor in enough money that is in line with the changes in inflation and the cost of living. So, I am in agreement with the petition of hon. Kang’ata, and we really need the Government to factor in enough money and make free primary and secondary education a reality. It is not about giving out freebies, the way hon. Members might believe. In this country, most of our citizens are very poor to raise even Kshs.50. Majority of Kenyans live below the poverty line. If we are not alive to this, it is sad. I want this House to know that most people in this country are not even able to raise money to put food on

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  • June 18, 2013 PARLIAMENTARY DEBATES 4
  • their table. It is not that they are refusing to pay Kshs.10 or Kshs.20, it is that they do not have it. So, it is good that we really assist our people and increase that amount. Thank you, hon. Speaker, Sir.
  • Hon. Speaker

    The hon. Midiwo.

  • Washington Jakoyo Midiwo

    Thank you, hon. Speaker, Sir. This is a well thought out petition by hon. Kang’ata; it is nice to see him engaging meaningfully when he is not chasing the Senate. This is good use of time by the Member. I want to congratulate him. This is not a small matter. There is a debate out there on which way to go with our education system. This country is going to have to debate on the money already being given by the Government to schools for Free Primary Education and subsidized secondary education. We may have to accept that in the near future supervision of this money given by the national Government be done by the various counties. I want to say that this country has a responsibility to take care of the future of our children and teachers. Today as we speak, we have strikes looming in the country. This House is confronted with that question, and it must confront it. It must also find out why our teachers are striking every year. We cannot even talk about some free laptops if teachers are only asking for Kshs. 20 billion which they were promised in 1998. As a House, we look bad if we are resisting somebody who is reducing our pay, and we are not talking for teachers. I will be moving an amendment in this budget to reduce some of that laptop money and pay teachers once and for all so that this country cannot have our children in school and there are no teachers to teach as they are unhappy. Policemen and other people are not happy over issues that can be sorted out by this House now, if the new dispensation can help. About the issue of Free Primary Education, I think the Government is giving enough, but there is too much pilferage, because there is no supervision. So, the Committee on Education, Research and Technology must sit as they consider this petition and see where this Parliament can make legislation to help the Government. The Government has good intentions most of the time, except when they want to give toys for laptops. Thank you, hon. Speaker, Sir.

  • Hon. Speaker

    Very well; enough of that petition. I think a report on it will be brought by the Committee on Education, Research and Technology to the House. Next Order.

  • PAPER LAID

  • The following Paper was laid on the Table: The Report of the Departmental Committee on Justice and Legal Affairs on the Approval for Appointment of Hon. Justice (Rtd) Barnabas Albert Semalta, Hon. Lady Justice A.E.N. Mpagi-Mahigeine and Hon. Justice Joseph Asoka Nihal De Silva as foreign Judges, Members of the Judges and Magistrate Vetting Board.
  • (By hon. Chepkonga)
  • NOTICE OF MOTION Disclaimer

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  • June 18, 2013 PARLIAMENTARY DEBATES 5
  • REPORT ON APPOINTMENT OF FOREIGN JUDGES TO VETTING BOARD

  • Samuel Kiprono Chepkonga

    Hon. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Section 9(13) of the Vetting of Judges and Magistrates Act, No.2 of 2011, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs and approves the appointment of Hon. Justice (Rtd) Barnabas Albert Semalta of Tanzania, Hon. Lady Justice A.E.N. Mpagi- Mahigeine of Uganda and Hon. Justice Joseph Asoka Nihal De Silva of Sri Lanka as foreign Judges, Members of the Judges and Magistrate Vetting Board.

  • STATEMENTS

  • TRANSFER/DEPLOYMENT OF STAFF AT DP’S OFFICE

  • Aden Bare Duale

    Hon. Speaker, Sir, I have a Statement to read that was sought by the Member for Migori, hon. Junet Mohamed on transfers and deployment of staff at the Office of the Deputy President. Hon. Speaker, Sir, the office of the former Prime Minister was created in 2008 with a broad mandate of coordination and supervision of the execution of the functions and affairs of the Government as per the National Accord and Reconciliation Act of 2008. Upon establishment of the office a number of officers were drawn both from public and the private sector to help the office fulfill its mandate. Those that were drawn from the Public Service were appointed by the Public Service Commission on local agreement terms to serve during the tenure of the office of the former Prime Minister while those serving officers in the Public Service were deployed from various Ministries. Hon. Speaker, Sir, from the outset I would like to inform this House that following the inauguration of the new Government on 9th April, 2013 the Office of the Prime Minister ceased to exist as per the Accord. Therefore, the terms of service of some of the officers who were serving on contract pegged on the Prime Minister’s tenure expired as per the engagement by the Public Service Commission. A total of 23 officers first exited the service on that date. I have Annex One showing the names of 23 officers. The first one is Mr. Caroli Amondi who was the Private Secretary. The others are Ceasar Ochieng Asiyo, the Director of Coordination; Irene Achieng Oloo, the Chief Social Secretary; Denis Base Onyango, Assistant Director, Public Communication; Jane Wangui Muringi, Youth Advisor; and so on. I beg to table the list. Hon. Speaker, Sir, the 23 officers exited even before the Deputy President assumed office of the former Prime Minister on 11th April, 2013. However, some of those whose contracts were ongoing beyond the tenure of the Prime Minister were retained. Those drawn from the Public Service transited to the new administration and have been accommodated into the new structure of the Presidency.

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  • June 18, 2013 PARLIAMENTARY DEBATES 6
  • In summary there were four categories of staff in the former office of the former Prime Minister. The first category comprised those whose contracts were tied to the tenure of the former Prime Minister under a local agreement. This comprises the 23 officers I have talked about and their names are in Annex One. The second category comprises those whose contracts were slightly longer than the tenure of the former Prime Minister and under local agreement. They are four of them and their names are under Annex two. The four officers are still in office and are serving the Deputy President. They are: Silvester Okumu Kasuku, Job Group T; Dr. Rachel Kemunto Gesami, Secretary, Policy Coordination, Job Group T; Mumbi Gitau Kiereni, Private Sector Specialist, Job Group R; and Nanok Tutui, Agricultural Specialist. The third category comprises those who were on temporary terms of service. They were 40 in number and they are still at the Office of the Deputy President. This is shown under Annex Three. The fourth and final category comprises of public service employees who are permanent and pensionable. They are 304 of them. The list is attached under Annex Four. This country has shifted to a Presidential System of governance. The Presidency is comprised of the Office of the President and the Office of the Deputy President. In restructuring the Government, the President has created the Executive Office of the President and the Executive Office of the Deputy President to include and enhance the functions normally done by State House and to take over some of the functions hereto undertaken by the abolished office of the former Prime Minister and Vice-President. The mandate of the former Prime Minister’s Office and that of the former Vice- President were different from that of the Presidency. The structure and functions are fundamentally different. This means, therefore, that there is need to recruit officers with relevant skills and competencies to complement the already existing structure. So, far three officers have been taken on board to serve in the position of Chief of Staff, Private Secretary and Secretary, Communications in the Office of the Deputy President. This is shown in Annex 5. The officers are Ms. Marianne Kitany, who is the Chief of Staff; Mr. Rueben Maiyo, who is the Private Secretary and Mr. David Mugonyi, who is the Secretary, Communications. The list is marked “Annex 5”.
  • Hon. Speaker, Sir, when the Deputy President assumed the office of the former Prime Minister, he requested the Public Service Commission (PSC) for extension of contracts of staff members previously serving in that office, but whose terms had expired. The PSC’s communication in response to that request, on 5th June, 2013, extended the term of the officers to the end of this month. I want to make this matter very clear. Annex 6 is a request made by the Office of the Deputy President. The author of the letter is none other than Dr. Isahakia, the former Permanent Secretary in the Office of the Prime Minister. The Deputy President requested that even those officers whose terms were ending they be given an extension of contract, and the Public Service Commission, in their letter---
  • All the documents are here. They include a letter dated 26th April, 2013, which was written by the Deputy President after taking office on 14th April, 2013. The letter from the PSC of 14th June, 2013 extending the service period of those whose contracts were coming to an end is among the 23 documents. These officers left the office of the former Prime Minister even before the Deputy President assumed his position in that
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  • June 18, 2013 PARLIAMENTARY DEBATES 7
  • office. So, as per the record of the Government, the contracts have been extended to 30th June, 2013. If they are listening to me – or the hon. Member can pass the information to them – they should know that they are still on contract to 30th June, 2013.
  • Hon. Speaker, Sir, last week, the Office of the Deputy President received a letter from the Permanent Secretary in the Ministry of Information, Communication and Technology, recalling all Information Officers from all Government Ministries and Departments for further briefing before deployment. So, it is a Government policy. However, the Office of the Deputy President has not released any of the officers recalled so far. That letter is marked “Annex 8”, which I would like to table.
  • In conclusion, the Office of the former Prime Minister had a total of 294 officers from the Public Service, who were serving on permanent and pensionable terms in various cadres. Out of these, only five, as captured in Annex 9; have been transferred or redeployed upon requests by the administrators of their schemes of service. This was done after the release of the new Government structure via Executive Order Nos.1 and 2 of 2013. The hon. Member has asked for specific names. The only five officers who were re-deployed or transferred are one Kipkemei Siongei, who was a Principal Driver. He was transferred to the Ministry of Devolution and Planning on request by the Cabinet Secretary. Hon. Speaker, Sir, Rosemary Outa, a Senior Executive Secretary, who was Personal Secretary to the former Prime Minister, was transferred on personal request, following deployment of Personal Secretaries to the Deputy President. Ms. Emily Ngeny, Senior Personal Secretary, who was Personal Secretary to the former Prime Minister, was also transferred in circumstances similar to those of Rosemary. The Deputy President had his own Personal Secretaries. The fourth officer is Violet Namodi, who was also Personal Secretary to the former Prime Minister. On request by the Ministry of State for Public Service, she was posted to the National Police Service Commission. Lastly, Miss Ann Mburu, who is Deputy Director, Human Resources Management, was posted to the Ministry of Works as the new Executive Office of the Deputy President would have fewer staff members. As of now, she is undergoing training, paid for by the PSC. Therefore, it is not true that the Office of the Deputy Prime Minister effected massive transfers of officers who were serving in the office of the former Prime Minister. On the contrary, it is obvious that the Deputy President had requested the PSC to extend the contracts of those officers. So, contrary to the allegation, nobody has been transferred. Even for those who vacated their offices before the Deputy President assumed office, he asked that their contracts be extended. So, the allegations are baseless. They are based on mischief. Therefore, in our opinion, they are neither here nor there. For purposes of emphasis, no staff member who was serving in the office of the former Prime Minister has been sacked. If there is anyone who has, indeed, been sacked, evidence should be produced. Anyone is free to check out the list. Hon. Speaker, Sir, transfers are effected within the Civil Service in order to enhance service delivery, especially during re-organisation of the Government. The decision to transfer officers from one office to another is based on required skills and competences. The Code of Regulations for Civil Servants provides for transfer of officers from one Ministry or Department to another. I have here with me, the Code of Regulations for Civil Servant, marked “Annex 10”. It gives the Ministry of State for
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  • June 18, 2013 PARLIAMENTARY DEBATES 8
  • Public Service and the PSC the powers to transfer and re-deploy officers. Further, the PSC wrote to the Office of the Deputy President on the transfers and deployment of these civil servants. This was done within the law. Again, the letter is marked “Annex 11”. Therefore, nobody has been transferred unfairly or sacked. Nobody has been intimidated or harassed. To the contrary, about three more officers have been employed. Others have their contracts extended until 30th June, 2013. I believe that the Member for Migori also did the same when he changed his Constituencies Development Fund (CDF) officials from those of the Tenth Parliament. Hon. Speaker, Sir, I beg to table the documents.
  • (Hon. A.B. Duale laid the documents on the Table)
  • Hon. Speaker

    Hon. Junet, you have a right to the first chance to seek clarification.

  • Junet Sheikh Nuh

    Hon. Speaker, Sir, I think the Leader of the Majority Party did not even look at the request that I made because he has given information on matters I did not even request for. I did not request him to tell me how many employees the former Prime Minister had in his office and such details. I asked him to give me the job groups of the affected officers and the reasons for their transfer, on which he did very little. I mentioned the names of the officers who were transferred from the Office of the Deputy President. I mentioned the name of a Mr. Nyachio, who reported to Vihiga last week as the County Procurement Officer. He was transferred after the “hustlers’ jet saga. I also asked him about Abdul Mwasera. We know very well that the Leader of the Majority Party is the de facto spokesman of the URP but we are discussing matters of governance here. We are not discussing politics.

  • Aden Bare Duale

    Hon. Speaker, Sir, this hon. Member is new but we cannot allow him to mislead this House. As we speak, the said Procurement Officer is behind his desk in the Office of the Deputy President serving the Government. It is very shameful for the Member for Migori to mislead the nation. We should not allow people to use the Floor of this House to mislead the public and get away with it. If the hon. Member does not withdraw the remarks, we will name him. He should withdraw the remarks or provide evidence to the effect that the said officer has been transferred to Vihiga. There are documents showing that he is among the public officers who are still working at the Office of the Deputy President. We should not use the Floor of this House for cheap politics. We have funeral gatherings, political rallies and other venues, where we can do cheap politics, but not on the Floor of the House.

  • Hon. Speaker

    Hon. Nuh, did you make reference to a specific officer whom you said is in Vihiga?

  • (Loud consultations)
  • Hon. Speaker

    Just a minute hon. Members, the hon. Leader of the Majority Party has indicated that the same person is comfortably “sitting behind his desk” in the Office of the Deputy President and hon. Nuh holds a contrary view. Can I make the easiest way with attendant risks?

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  • June 18, 2013 PARLIAMENTARY DEBATES 9
  • (Laughter)
  • That is because hon. Members, you are held responsible for the accuracy of the statements or utterances that you make on the Floor of the House. Can we direct that it be verified whether the officer is in office or not? Hon. Nuh, just say what you have to say.
  • Junet Sheikh Nuh

    Hon. Speaker, Sir, it is a week since I requested for the Statement. By then, I had requested to be informed whether that man had been transferred and now, the issue has been returned. Hon. Speaker, Sir, you know how mischievous those people can be.

  • Hon. Members

    Shame!

  • Hon. Speaker

    Hon. Nuh, the Leader of the Majority Party has brought his Statement and the officer whom you raised your issue, according to him, is still in the Office of the Deputy President. Are you satisfied that, that is the correct position or you still doubt?

  • Junet Sheikh Nuh

    Hon. Speaker, Sir, if the Leader of the Majority Party confirms that, that officer is in that office, then I congratulate him for retaining him in that office. I thank him very much.

  • (Laughter)
  • Junet Sheikh Nuh

    However, the Statement I requested had many aspects because it was not only about the officer that the Leader of the Majority Party has confirmed to be in the Office of the Deputy President. Secondly, there is the Office of the Private Secretary which was---

  • Elias Bare Shill

    On a point of order, hon. Speaker, Sir. We must take this House very seriously because we are being watched by the country. A serious allegation has been made by a Member of Parliament. I would like to say that this is not a miraa session!

  • Franklin Mithika Linturi

    On a point of order, hon. Speaker, Sir.

  • Elias Bare Shill

    Hon. Speaker, Sir, I am on a point of order and the hon. Member cannot rise on a point of order while I am on my feet. We are talking about somebody else’s life because it has been said here that he has been sacked. You are putting his family into agony. If the officer is working in that office, why should this Member of Parliament mislead the House?

  • Samuel Kiprono Chepkonga

    On a point of order, hon. Speaker, Sir. I rise under Standing Order No.83 read together with Standing order No.107. In particular, I rise on a point of order with regard to Standing Order No.107(1)(d) in which the hon. Member has made persistent serious allegations without making adequate substantiation.

  • Samuel Kiprono Chepkonga

    Secondly, the hon. Member has abused his privilege in this House. We would like to thank God for giving us two ears and two eyes. When hon. Nuh stood in this House, he clearly spoke in well understood or unmistaken English that the person, Mr. Nyachio – or whatever name he may have called him - has been transferred and is now a resident in Vihiga. The HANSARD can be checked.

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