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- Page 1 of Thursday, 5th June, 2014 at 2.30 p.m.
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NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 5th June, 2014
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The House met at 2.30 p.m.
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[The Speaker (Hon. Muturi) in the Chair]
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PRAYERS
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PAPERS LAID Hon. A.B. Duale
Hon. Speaker, I beg to lay the following Papers on the Table of the House:- The Leadership and Integrity Regulations, 2014, pursuant to Section 54 of the Leadership and Integrity Act, 2012. The Report of the Auditor-General on the Financial Statements of the National Cohesion and Integration Commission for the year ended 30th June, 2013 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Kenya Broadcasting Corporation for the year ended 30th June, 2013 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Lake Victoria North Water Service Board for the year ended 30th June, 2013 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of Karatina University for the year ended 30th June, 2013 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Mount Elgon Lodge Limited for the year ended 30th June, 2013 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Farmers Party for the year ended 30th June, 2012 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Party of Hope for the year ended 30th June, 2010 and the Certificate of the Auditor-General therein. Thank you, hon. Speaker.
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Hon. Speaker
Hon. Members, for those of you who may not be familiar with the number of political parties in the country, you need to visit the Office of the Registrar of Political Parties and know that the spiritual leader of the Party of Hope is one Paul Saul Pattni. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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(Laughter)
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With regard to the Leadership and Integrity Regulations, 2014, the Regulations are committed to the Committee on Delegated Legislation for their deliberations and considerations in accordance with the law and the ruling that I gave to the House before we went on recess. Hon. Members, I will be re-arranging the Order Paper in a small way to enable, at a later time today, the hon. T.J. Kajwang’ to lay some Papers on the Table of the House and give notices of Motion with regard to the same Papers. For now, let us move to the next Order.
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NOTICES OF MOTION Hon. Speaker
Hon. Members, even that aspect, with regard to the Paper that is going to be laid by hon. T.J. Kajwang’, there will be some adjustment to accommodate the same because it is a very important Paper relating to the operations of this House.
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STATEMENTS Hon. Speaker
Hon. Members, today is a day for receiving responses to three Statement requests. We shall start with Statement No.108 of 2014, requested by the Member for Mandera South, the hon. M.A. Huka. The response is by hon. Asman Kamama, the Chair of the Committee on Administration and National Security; or his able tall Vice-Chairman, who is making his way into the Chamber – the hon. Lentoimaga. Leader of the Majority Party, could you give an indication as to where the Chair of the Administration and National Security could be, or his able Chair?
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Aden Bare Duale
Hon. Speaker, there is a very hot matter on Safaricom Limited and the CCTV issue. They were dealing with the Cabinet Secretary but now that the Vice-Chair is in the House, he can respond to issues concerning his Committee. Hon. Lentoimaga is here.
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Alois Musa Lentoimaga
I did not hear!
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Aden Bare Duale
You will tell the Speaker that you did not here; not me.
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(Laughter)
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Alois Musa Lentoimaga
Hon. Speaker, I apologise for coming late. We had a Committee meeting with the Cabinet Secretary for Interior and Coordination of National Government. So, I did not hear the question.
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Hon. Speaker
No! No! This time is for responses. There is a written response.
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Alois Musa Lentoimaga
Hon. Deputy Speaker, I have one response here.
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Hon. Speaker
Is it in relation to the request by hon. Huka?
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Alois Musa Lentoimaga
No, hon. Speaker. It is in relation to a request by hon. Bernard Kitungi. That is the one I have. The rest are being held by the Chairman. Can I proceed with this one?
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Hon. Speaker
I have a copy of that response. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Alois Musa Lentoimaga
Hon. Speaker, can I borrow yours? Since we must proceed, you can lend me your copy.
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Hon. Speaker
Hon. Lentoimaga, read out the one you have with regard to the request by hon. Bernard Kitungi.
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Alois Musa Lentoimaga
Hon. Speaker, the hon. Member has just approached me. He is requesting to withdraw this one. He has just been here.
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Hon. Speaker
Hon. Bernard Kitungi, can you make your position known?
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Bernard Munywoki Kitungi
Hon. Speaker, after getting the response for my Statement request, I found that it was a very sensitive matter affecting my constituency and decided to make some more consultations. That is why I have decided to have it suspended for a while.
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Hon. Speaker
What did you say? Did you say that you want to consult further?
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Bernard Munywoki Kitungi
Hon. Speaker, I want to consult my constituents.
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(Loud consultations)
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Hon. Speaker
Very well. That is okay. Many of the Members who may be complaining are not even aware of what the request was. The request relates to poor facilities and living conditions of officers based at Migwani Police Station. It may well be that this response satisfies the hon. Member. Since none of you represents Migwani Police Station, you may raise other issues that may be extraneous to Migwani Police Station.
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An hon. Member
But we are Members of the National Assembly!
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Hon. Speaker
You may be Members of the National Assembly but not all of you represent Migwani Police Station. The hon. Member is at liberty to withdraw his request. He can withdraw his request. It is in written form. He has been given permission to do so. I want somebody to correct the number of the requests on the Order Paper. Obviously, there is something wrong. The first request by hon. Huka is listed as No.108 of 2014 and the third one by hon. Christopher Nakuleu is also shown as request No.108 of 2014. One of them is not correct. Hon. Kamama is now in the Chamber. Could you respond to the first request?
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(Loud consultations)
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Hon. Speaker
Hon. Members, you are unlikely add value to what hon. Kamama is going to say, until you give him a chance to say what he has to say. Proceed, hon. Kamama. ESTABLISHMENT OF BIRTHS AND DEATHS REGISTRATION CENTRES
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Asman Kamama
Hon. Speaker, on 19th February, 2014, the Member of Parliament for Mandera South Constituency, hon. M.A. Huka, requested for a Statement regarding the opening of births and deaths registration office at Mandera Central District. The hon. Member is concerned that lack of officers for registration of births and deaths in the sub-county has hampered service delivery in the area thus inconveniencing members of the public. The hon. Member sought to be informed on the following:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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(i) The reason for the inordinate delay in opening and posting of the officers in the sub-county. (ii) When the offices will be opened and the officers posted. Hon. Speaker, in response, the Cabinet Secretary concurs that the Ministry has not taken registration of births and deaths services to the majority of the newly created sub-counties, including Mandera Central District. The former Mandera District, which is now Mandera County, was split into six sub-counties, namely, Mandera East, Mandera West, Mandera Central, Mandera North, Banisa and Lafey. Members of the public seeking to obtain certificates of births and deaths from all those sub-counties are currently being served from Mandera East Sub-County Civil Registry at Mandera Town. This has been occasioned by the current under-staffing in the Department, whose current authorised establishment stands at 1,364 members of staff for all cadres against an in-post of 815, giving a shortage of about 549 members of staff. The breakdown for the in-post staff is as follows:- Civil Registrars - 225 Clerical Cadre - 415 Secretariat Cadre - 86 Other Support Services (Accounts, Procurement, Drivers, Human Resources) - 89 Hon. Speaker, due to an acute shortage of staff, the Civil Registration Department has managed to take its services to only 107 sub-counties out of the current total of 289 sub-counties in the country. While the existing personnel has been over-stretched, the current scenario has contributed to difficulties in accessing civil registration services, high cost of the services and low registration coverage for new births and deaths due to long distances covered to registration centres by both service seekers and registration assistants – that is assistant chiefs and medical personnel. In order to address the severe shortage of staff that has continued to constrain operationalisation of civil registry offices in the newly created sub-counties, the Ministry has taken the following measures:- (i) Engaging casual labour and borrowing of additional staff from National Government Ministries in the field stations to beef up staff strength at civil registration services as a short-term measure. (ii) As a long-term solution, the Ministry has sought and obtained authority for expansion of the staff establishment for civil registration from the Ministry of State for Public Service. Consultations on getting the required staff based on the new establishment over and above the in-post are on-going with the relevant Government agencies. In conclusion, the posting of civil registration officers to Mandera Sub-County will be considered together with the other remaining su b-counties when the issue of personnel is conclusively addressed. Nevertheless, the Ministry regrets the inconveniences being experienced by its customers from the sub-counties without civil registries, and it is working towards a speedy intervention. Thank you, hon. Speaker.
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Hon. Speaker
Yes, hon. Huka! The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Mohamed Adan Huka
Hon. Speaker, I am surprised by the kind of response that has presented to the Chair by the Cabinet Secretary. What came out clearly from this response is the old type of rhetoric of saying that the Government will provide services when funds become available. The only commitment made towards the end of the response is that the services sought will be availed when the issue of personnel is conclusively addressed. However, there is no element of time-frame. Secondly, it is not true that Mandera Central is new. The district is over seven years old. Thirdly, the fact that services are not being provided in other sub-counties is not an answer to my question. I did not ask how many counties are not being given the same services. I asked specifically about Mandera Central. Therefore, the fact that other areas are not being given the services is not a sufficient answer to my question. Hon. Speaker, it is surprising to observe that the Government has not provided enough services to its citizens. 107 out of 289 sub-counties, according to this response, is less than a half of the number of civil registries in the sub-counties. Is this, therefore, an indication that the Government is not doing its work of registering its citizens?
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(Hon. Aburi stood up in his place)
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Hon. Speaker
Hon. Aburi, you are casually strolling around and not even allowing the rest of the Members to hear what hon. Huka is saying. You are not being fair to him.
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Lawrence Mpuru Aburi
My apology, hon. Speaker!
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Hon. Speaker
Very well!
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Mohamed Adan Huka
Thank you hon. Speaker for assisting me so that I can be heard loud and clear. Mandera Town, where services are said to be offered, is 230 kilometers away from Mandera Central District Headquarters, which is in Elwak Town. For somebody to go for 230 kilometers to seek for Government services and for a Cabinet Secretary to say that they are not able to provide those services, is actually admitting failure by the Government. I wish the Chair would have invited me during their sitting so that we can take the Cabinet Secretary to task. Admitting that they are not able to do that and that the offices in the country are only 107 out of 209, and that they are under-staffed, is actually an indication that services are poor even in the areas that they are providing them. I wish to respond in relation to the kind of generalization that is given in the sense that, under what is referred to as the fallacy of generalization---
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Hon. Speaker
Hon. Huka, among some of our rules is that, a question shall not be an excuse for debate. Now, you have spoken over and over and debated as well. You have said how many kilometers Mandera Town is from the sub-county. I do not even know whether hon. Abongotum, in responding to you, will also engage in another lengthy debate. You should be seeking interventions. You started off very well; you have gone into a discourse that surely--- Unless you wanted to be heard by your people. Of course this is exhibition hour, but there must be a limit to how much you must exhibit, because your colleagues also need to exhibit too.
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Mohamed Adan Huka
Thank you hon. Speaker, I stand guided but the clarification I want to come to now is: There is no timeframe of when it will be done. We would like the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Chair to give this House a response as to when it will be done to the rest of the country, now that he has actually confessed that Mandera is not an exception.
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Hon. Speaker
Hon. Abongotum, are you in a position to say when it will be done in hon. Huka’s constituency, particularly?
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Asman Kamama
Hon. Speaker, the Statement requested by the hon. Member is valid, I have worked in North Eastern and I know the distances are quite scaring. On the issue of time-frame, I want to confirm to the hon. Member that as a Committee, we requested for funds from the Budget and Appropriations Committee. The Director of Civil Registration requested for funds so that they can actually post officers to those other places. I have not confirmed from the Director of Budget whether they have been given money from the Committee on Budget and Appropriations. If money is allocated to this Department, I want to assure the hon. Member that we will advice the Cabinet Secretary concerned to fast-track so that the people of that constituency can be accorded the services. On the other sub-counties, I think this is a nationwide problem and we will try as a Committee to ensure that we push the Cabinet Secretary so that officers can be posted to all sub-counties in this country. I thank you, hon. Speaker.
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Hon. Speaker
Hon Huka.
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Mohamed Adan Huka
Thank you hon. Speaker. I would like to make a comment in Kiswahili to put it in perspective. What he has said, simply put in Kiswahili is: “Kufa kwa wengi ni harusi.” It means that since we are all into it; let me wait together with others.
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Hon. Speaker
There are a lot of consultations. Hon. Shill, you wanted to seek a clarification on this.
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Elias Bare Shill
Hon. Speaker, really, it is not that hon. Huka wanted to be seen. There are a lot of frustrations. The other day, we said we must look for a mechanism where the Cabinet Secretary directly engages with us. Is it really in order for the Chairman of the Committee to always come with scanty information? Mandera is at the border and you cannot see the difference between Bulahawa and Mandera which is in Somalia and Kenya, respectively. They have become one town. At night, it is being controlled by AlShabaab and during daytime, it is being controlled by the Kenyan Government. Therefore, there are a lot of frustrations. Many questions on security are being asked and the Chair always comes without verifying some of those things properly.
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Hon. Speaker
Let me say that, obviously, what hon. Abongotum has is signed by the Cabinet Secretary in the Ministry of Interior and Coordination of National Government. It is not of his own making. We can ask him this or that. It is perfectly in order for him to bring his Statement, because you sought for it. He was not to travel to those towns where you are talking of Al Shabaab and other places. He presented it to the Cabinet Secretary. What he is reading is what has come. This is just to show the futility of this system. If you castigate the Chairman, what was he expected to do? Was he expected to carry the Cabinet Secretary on his back knowing that the Cabinet Secretary is a stranger here? We will not allow him to even carry him on his back to come and respond appropriately. I think it is Parliament which needs to address this issue. We are trying frog a dead horse. Hon. Serem, you appear to--- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Cornelly Serem
Yes, I am slightly agitated hon. Speaker. Hon. Shill has made a very serious allegation, that our country is being controlled by Al Shabaab. Can he prove the same? That is very serious.
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Hon. Speaker
We are going to get into salient issues. Let me get hon. Eseli to raise his point of order.
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David Eseli Simiyu
Listening to the Chairman of the Committee in charge of Security, I was rather disturbed as to whether he interviewed the Cabinet Secretary or if the Cabinet Secretary has come to the realization that registration of persons is a very serious security matter. When we go ahead to hear that this problem is happening throughout the country and yet, the country right now is facing a serious problem of insecurity and terrorism, it is surprising that the Cabinet Secretary would come before hon. Abongotum’s Committee and still talk about waiting for funds. I think in a situation like that, we are not taking our responsibilities seriously. I would have expected the Chair to put the Cabinet Secretary to task because this is where security starts. This is the beginning of security measures. If the Cabinet Secretary could not put the actual weight on the matter, then it is not good to tell us that we are waiting to see whether in the budget, it will be allocated or not. I would request that the Committee revisits the matter with the Cabinet Secretary, to ensure that he is actually aware that this exercise of registration of persons is where security starts.
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Hon. Speaker
I would agree with you hon. Eseli, but given his response that there are only 107 sub-counties that have been addressed out of 289 and given the significance of civil registration, the Committee on Administration and National Security should revisit the issue with the Cabinet Secretary responsibly so that we address the issue wholistically, not just with regard to Mandera County or Mandera South Constituency, but wholistically, dealing with the entire country and seeking measures on how you are going address the problem in the other areas where it is not happening. Hon. Abongotum.
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Asman Kamama
Hon. Speaker, I agree with you entirely. We will revisit this matter. Actually, we will even write a letter to the Cabinet Secretary (CS) to post officers to 182 sub-counties. I know they will talk about funds, but we will do our best to ensure that this is done. We will have chiefs and assistant chiefs in all places, be it in the ASAL areas or Suguta Valley. There will also be registration officers together with clerks in the dispensaries. They can do this. They can supplement. We will, however, take your instructions and revisit this matter so that the civil registration officers are posted to 182 sub-counties.
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Hon. Speaker
Very well. So, the matter is accordingly referred back to the Committee and as many Members as possible should appear before it. Hon. Kamama, notify Members when it is that you are inviting the CS so that they can come and canvass the matter there. There is a Statement that was sought by the Member for Turkana North, hon. Christopher Nakuleu. Hon. Kamama, once again, it is you.
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Asman Kamama
Hon. Speaker, it will be handled by able Deputy Chairperson, hon. Lentoimaga. ATTACK OF HERDSMEN IN KIBISH The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Alois Musa Lentoimaga
Thank you, hon. Speaker. On 12th March, 2014 the Member of Parliament for Turkana North, hon. Nakuleu Christopher requested for a Statement regarding constant and systematic attacks of Turkana herdsmen residing in Nadapal and Akarash locations of Kibish District. The hon. Member informed the House that in the recent past, Kenya has been losing ten people in a month on average as a result of external aggression by South Sudan nationals.
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(Loud consultations)
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Alois Musa Lentoimaga
Hon. Speaker, there are loud consultations coming from my left side. The consultations are so loud to the extent that--- Hon. Sakaja!
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(Laughter)
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Alois Musa Lentoimaga
The land currently occupied by the Turkana Community may be taken over by the neighbouring nationals. The Member of Parliament particularly sought to be informed on the following:-
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The number of people who have lost their lives as a result of external aggression during the months of January and February,2014 in the said corridor. The number of Turkana herdsmen undergoing treatment in the hospitals in the region. The Government plans on the upkeep and payment of medical bills of the affected persons. Plans, if any, to establish special security forces in Loromor area of Karash Location and Nadapal to cordon and protect Kenyan landfrom external takeover and secure lives of Kenyans residing in thesaid area. Plans, if any, to settle the Internally Displaced Persons (IDPs) as a result of external attacks from South Sudanese nationals.
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Hon. Speaker, I wish to state as follows:- Since the beginning of this year, two separate attacks attributed to armed raiders from outside the country have been reported in Nagirigitoi area in Kibish. In the first incident on 2nd February, 2014, Lokamprimoingau Police Post reported that raiders suspected to be from Sudan raided a Nagirigitoi manyatta and stole an unknown number of goats and donkeys. During the raid, two minors Lokwa Tuko aged 12 years and Ebei Aminit aged 13 years who were looking after the animals were killed. On 18th February, Kibish Police Station reported a shooting incident at Lorlumoru Village within Lorut Location involving raiders believed to be Toposa of South Sudan whereby two Turkana tribesmen, Nakolol Katiko aged 30 years and Ariko Doni aged 27 years were shot dead by raiders. Two other persons sustained injuries during the incident as follows:- Ethao Lokwang, injuries on the chest and both legs and Lorie Lobolia, injuries on both legs. Several other attempts to attack the area residents were thwarted by security forces. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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The Government does not intend to settle the medical bills and meet the burial costs for the deceased persons since it has no voted provision for such expenses. Hon. Speaker, the Turkana County Security Committee has recommended for the services of security camps in the following areas:- Lorlumoru within Lorut Location; Kaitende near Natabara and Soya. Once funds are secured for logistics support and other infrastructure, the establishment of camps will commence without delay. Lastly, the Government is not aware of the presence of any IDPs in the area. Thank you.
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Chrisropher Doye Nakuleu
Hon. Speaker, I wish to thank the Deputy Chairperson for his response. There are a number of issues which I would wish he clarifies because I feel they are not well addressed. First, Naurikitoe is not in Kibish District; it is in Turkana North District. I limited my question to Nadapal and Karachi specifically in Kibish District. Where the CS lifted Naurikitoe shows that he is not in touch with what happened. It also indicates that the answer he is giving is not correct. The area he is referring to as Naurikitoe is in another district. Therefore, that invalidates the whole Statement. Hon. Speaker, with your intervention, I would with that the CS, through the Chairperson, addresses the question as asked and not framing his own question.
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(Laughter)
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Hon. Speaker
Hon. Members, you cannot crackle like that! You are in the National Assembly Chamber. It is not fair, however, much you may have been tickled.
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Chrisropher Doye Nakuleu
Thank you, hon. Speaker for that intervention. In his response, the Deputy Chairperson has gone ahead to say that the Government is not intending to foot the medical bills and burial costs for the people who lost their lives. According to me, that statement is in extremely bad faith since this Government has been footing bills for people, for example, bomb blasts victims, illicit brew drinkers and even those who have died in accidents. Those people are also Kenyans and security is a fundamental right of every Kenyan that the Government should guarantee. The Government position about footing the bills must be reconsidered since the Government cannot operate in selective amnesia to treat some Kenyans as lesser Kenyans and others as more Kenyans. If you are to apply a principle or a law, it must crosscut and bring every Kenyan on board.
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Hon. Speaker
What is your clarification?
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Chrisropher Doye Nakuleu
The clarification is: Why is the Government saying that it is not able to foot the bills?
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Hon. Speaker
The hon. Lentoimaga is not the Government. He is a Member of Parliament like yourself! You see he has just read something from---
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Chrisropher Doye Nakuleu
Hon. Speaker, I wish that you get me right.
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Hon. Speaker
You cannot speak forever. You are asking him to explain why the Government cannot foot the bill?
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Chrisropher Doye Nakuleu
It is in the Statement, which I know originated from the Cabinet Secretary (CS). But he has brought it to the Floor of this House.
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Hon. Speaker
Exactly. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Chrisropher Doye Nakuleu
Yes! And, therefore, if they have to ask the Government, I have to ask through him.
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Hon. Speaker
Hon. Lentoimaga wants to respond as to why that cannot be done.
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Chrisropher Doye Nakuleu
So, hon. Speaker. The other issue which could be the last---
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Hon. Speaker
Hon. Lentoimaga, respond.
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Alois Musa Lentoimaga
Hon. Speaker, I think my colleague has a valid point because, having worked in his area, I know that the Turkana community is perpetually attacked by foreigners, especially the Toposas that he was talking about. In my view, this Statement about medicals bills, maybe, should be referred back again to the CS. That is because this is an external aggression against our people and it has been continuous as far back as 1991. So, maybe, the hon. Member may again revisit the issue through the Committee. We should ask the CS to come back and make more clarifications. On the issue concerning Nangurekitoe area, I think that question should also be revisited. If they answered wrongly, the answer is wrong. We should go back to the question and they should answer according to how they were asked. Thank you.
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Hon. Speaker
Let me know guide you now as the Chair. If you receive a response from a CS - and it appears that hon. Lentoimaga is agreeing with hon. Nakuleu that, the response is inadequate or insufficient or incorrect - then all you needed to do is just call the hon. Nakuleu, tell him: “Look at this. We do not believe it ourselves. Can we postpone the making of the response to another date until we have summoned the CS before our Committee, for you to come and prosecute the matter there?” Of what use is the Chair of the Committee to come and read a Statement that he believes is not even correct. Hon. Lentoimaga even says he has worked in Turkana County. As he was reading the Statement, he knew it was not correct. It is not fair. Hon. Lentoimaga, you should have just told hon. Nakuleu: We have received inadequate information from the CS and you actually do not believe in it yourself. If the hon. Nakuleu confirms that he also does not believe in anything that is said there, then you agree with him as the Member seeking the request, so that the people on whose behalf he is speaking for know that, indeed, he is pursuing the matter to some logical conclusion. Instead of engaging in further altercation here, I will direct that hon. Lentoimaga revisits this matter and summon the CS. Let the hon. Nakuleu be summoned to appear alongside the CS. And because I know the Committees are quite large, I have encouraged Committees from time to time to split themselves into sub-committees. It may make the work a lot easier because you have a lot of requests. I sympathize with the amount of workload by way of requests for Statements that are placed on your Committees. I am not surprised that you do not have time to deal with other very pressing matters which you deal with them till late in the night from time to time. The best you can do is to summon the CS, invite the hon. Members that have sought Statements so that the response you get will, at least, satisfy them to some reasonable extent. So, revisit the matter, invite both the CS and hon. Nakuleu. Is that okay, hon. Nakuleu? I do appreciate that people make interventions here, but not until we hear from hon. Nakuleu.
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Chrisropher Doye Nakuleu
Hon. Speaker, I will go by your advice.
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Hon. Speaker
What is the point of order from the hon. Raphael Letimalo? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Raphael Lakalei Letimalo
Hon. Speaker, I do understand that the Statement has been differed to enable the questioner, the CS and the Committee to prosecute it further. My concern is that, from the Statement read by the Chair, it is established that those raids are carried out by Toposas of South Sudan. I was just wondering why we should ask the Government to put up security camps and yet, those raids are carried out by external forces. What is the Government doing to minimize those kinds of attacks? I do not think it is actually sufficient just to put up security camps. Is the Government making any effort either by organizing joint security meetings, so that security personnel from both sides will be able to prevail upon their people to stop those kinds of atrocities?
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Hon. Speaker
Well, hon. Letimalo. I appreciate that you have undergone some very traumatizing experiences recently of gang attacks. You began by saying that the matter has been referred back to the Committee to call the CS. You went on to ask what the Government is doing. I can tell you from where I sit without fear of contradiction that, I cannot respond to that because I do not hold brief for the Government. The matter has already been referred back to the Committee. The question you have asked will only get a response from the Government and, since I do not see it there, it is unlikely that the question will get any response. What you have said is a matter that needs to be considered when the Committee is listening to the CS. There was a point of order from hon. Simba Arati.
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Paul Simba Arati
Hon. Speaker. I do not know whether hon. Letimalo can get a satisfactory answer from the Vice-Chair, who happens to border him in terms of constituencies.
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Hon. Speaker
Are you still on this point? That matter is over now. It has been referred back to the Committee.
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Paul Simba Arati
That is why I stood on a point of order
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Hon. Speaker
If it is about that, the matter has been put to rest, please. There is nothing. Who wants to know about who borders who in the constituency? But the matter has already been referred back to the Committee. If you like, you can also go and participate. Hon. Abass.
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Mohammed Maalim Mahamud
On a point of order, hon. Speaker. I rise regarding a Statement I requested on Tuesday afternoon, which you directed and the Leader of the Majority Party did undertake that the answer would be here on Thursday, concerning the arrest and disappearance of Abdifatar Odow Aden by the Kenya Police. This is a serious issue. The family and all of us are worried and because of that, I thought the answer would be here this afternoon.
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Hon. Speaker
The Leader of the Majority Party.
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Aden Bare Duale
Yes, hon. Speaker, you gave that direction and the matter is very serious. But I have consulted with the security apparatus, the Cabinet Secretary (CS) and Inspector-General (I-G) and today, they were very busy with a Parliamentary Committee. With your indulgence, I want to bring that answer on Tuesday, the first thing once we resume, so that they tell the country the whereabouts of a Kenyan who disappeared two weeks ago.
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Hon. Speaker
Tuesday?
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Mohammed Maalim Mahamud
Fair enough, hon. Speaker.
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Hon. Speaker
Next! Hon. Chepkong’a. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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PROCEDURAL MOTION Hon. Chepkong’a
On a point of order, hon. Speaker. I rise to move a Procedural Motion pursuant to Standing Orders No.234(1), in which I am seeking the indulgence of the House for the Departmental Committee on Justice and Legal Affairs to be given additional 30 days to investigate the matter of the removal of the Chairperson and Members of the Independent Electoral and Boundaries Commission (IEBC). The reasons why we are seeking for additional time are two-fold. First, this is a matter that is exercising the minds of Kenyans and we need to deliberate it in a very exhaustive manner. Secondly, in the interest of natural justice of giving hearing to all the parties, we have drawn our timetable today as a Committee and it takes us through to July. So, we are requesting for the 30 days to enable us exhaust all the issues that need to be looked into by the Committee. We intend to invite members of IEBC and the Petitioner. We have also advertised in the media, inviting memoranda from members of the public who wish to participate in this process, which will conclude next week on Friday, 13th June, 2014. If you look at the time within which we are supposed to conclude this matter, that is 14 days as communicated in your communiqué, it is not feasible and cannot be done within that period. Otherwise, we will end up producing a very shoddy report and we know this House is very concerned about what needs to be done in a very exhaustive manner. I see when I turn my eyes towards the other side, hon. Mbadi nodding in approval that indeed this--- By mentioning him, that does not require a point of order. I am on a point of order, hon. Speaker. We are seeking the indulgence of this House. It was unanimously agreed in the Committee that we seek this period to conclude this matter. I would like to ask hon. Waiganjo to second.
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Hon. Speaker
Hon. Chepkong’a, could you indicate also, the additional 30 days, are they from the date when the Petition was read out, which is on 3rd June, 2014, is it from today or are the additional 30 days are over and above the 14 days given? You need to clarify that.
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Samuel Kiprono Chepkonga
Thank you, hon. Speaker. What we are seeking as a Committee is additional 30 days in addition to the 14 days which we had already been given. That gives us about 44 days. This is a matter of national importance. When we discussed in the Committee, some members felt that we should do public hearings, possibly by clustering the counties, so that we can hear what the people are saying. It cannot be localized in Nairobi and we say that we have done public hearing to the satisfaction of Kenyans. So, we are saying it is important that we hear all Kenyans and what they have to say, so that we can include it in our report and have a conclusive report that is satisfactory to everybody. Again, as I said, this is a matter that has been discussed in many forums and it needs to be brought to some fore-closure, one way or the other. We are not pre-judging the outcome of this particular investigation. We are saying we should be given adequate time and as it is known, this Committee is seized with very many Bills. We have the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Companies Bill, which contains 1,034 clauses, the Prevention against Domestic Violence Bill and the Insolvency Bill. There are other issues which will be making their way into this Committee, which will require important investigations to be undertaken. So, looking at the timelines, we consider that the time which we have been given - 14 days - is too short to undertake a comprehensive investigation. So I beg, with those few remarks, to move and request hon. Waiganjo to second.
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Hon. Speaker
Hon. Waiganjo.
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John Muriithi Waiganjo
Thank you, hon. Speaker. I know Members of this House know that the Justice and Legal Affairs Committee is their agent and that the issue of IEBC, as the able Chairman has said, is one of national importance. It is actually one of the issues that our friends in CORD have indicated they wish to indulge in some dialogue. IEBC is a constitutional Commission and we really need to get the public views on its disbandment or otherwise. So, it is true that the Committee has deliberated on this issue and has found that we do not have sufficient time to go through all what is required and, particularly, the Petition and other public hearing fora. So, we urge the membership of this House to allow this Procedural Motion, so that the Justice and Legal Affairs Committee will bring to this House a report that will stand the scrutiny of time and one that will be acceptable across the divide. We want to do a good job, be above board, honest and forthright. With those few remarks, I second. Thank you, hon. Speaker.
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Hon. Speaker
Hon. Members, who are stirring around in the Chamber, including those who may be very thirsty. ( Laughter ) ( Question put and agreed to ) The Departmental Committee on Justice and Legal Affairs has an additional 30 days over and above the 14 days allocated to them and, indeed, as the Chairman has ably stated, strive to get as many Kenyans as possible to give their views. It is not possible to hear every Kenyan, of course, but to get a sufficiently representative sample to justify public participation. Hon. Duale, the Leader of the Majority Party. BUSINESS FOR THE WEEK COMMENCING 10TH JUNE, 2014
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Aden Bare Duale
Thank you, hon. Speaker. Pursuant to Standing Order No.44(2) (a), on behalf of the House Business Committee (HBC), I rise to give the following Statement regarding the business appearing before the House the week beginning Tuesday 10th, June 2014. Hon. Speaker, as usual, the HBC met on Tuesday this week at the rise of the House to give priority of business. The HBC has, therefore, lined up heavy and crucial business. Having resumed from a month’s recess, Members are now re-energised and ready for the business at hand. The House resumed debate on the Victim Protection Bill, 2013 and the Second Reading for the Statute Law (Miscellaneous Amendments) Bill, Bill No.2 of 2013, the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Division of Revenue Bill 2014, the Physiotherapists Bill 2013, the Alcoholic Drinks Control (Amendment) Bill 2014 and the Retirement Benefits Deputy President and Designated State Officers Bill 2013. Hon. Speaker, other Bills to be scheduled for consideration in the coming week include:- The National Drought Management Authority Bill 2013, the Persons with Disabilities (Amendment) Bill 2013, the Climate Change Bill 2014, the Kenya National AIDS Authority Bill 2014 and the Order of Precedence Bill 2014. I, therefore, wish to urge all Members with proposed amendments to any of the Bills read, to present the text to the Legal Department of Parliament or the Office of the Clerk, in good time to avoid the last minute rush. Hon. Speaker, the HBC will also schedule a number of Committee reports for debate and adoption by the House. One of those reports include the Report of the Mediation Committee on the County Governments (Amendment) Bill No.2 of 2013, the Standard Gauge Railway (SGR) Report of the Public Investments Committee (PIC) and other reports from that same Committee. It will be remembered that the Report of the Mediation Committee on the County Governments (Amendment) Bill No.2 of 2013 is a Bill that originated from the Senate. Therefore, it is prudent for consideration so that Members of this House are clear about the recommendations of that Mediation Committee. Therefore, I will ask Members to get a copy of that Mediation Report from the Table Office. Hon. Speaker, I wish to remind Members that we are in the Budget cycle and the Cabinet Secretary (CS) for the National Treasury will present the Budget highlights on Thursday 12th June 2014 for the Financial Year 2014/2015. The Budget and Appropriations Committee has already tabled its Report on the Estimates of Revenue and Expenditure for 2014/2015 for adoption by this House. These and other Budget related Bills need to be considered and passed within the stipulated timelines as provided for by the Constitution and the Public Finance Management (PFM) Act. Hon. Speaker, the House will further consider the following committee reports:- The Departmental Committee on Health Report on Devolution of Health Services. The Joint Report of the Departmental Committee on Energy, Communications and Information and that of Education, Research and Technology; on the Status of the San Marco Space Application Centre in Malindi. Hon. Speaker, again through you, I wish to urge the Chairpersons and Members of respective Committees that have originated the said reports to be available in the House to lead the debate of their respective reports. Hon. Speaker, through you, and without anticipating debate, allow me to bring to the attention of the House the eight Constitutional Bills requiring passage on or before August 27th 2014. Currently, they are before the Government and other bodies. These Bills are:- (i) The Consumer Protection Bill. (ii) The Fair Hearing Bill. (iii) The Fair Administration Action Bill. (iv) Legislation regarding the environment. (v) Accounts and audit of the public goods and services. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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(vi) Procurement of public goods and services. (viii) The rights of persons detained or held in custody. Values and principles of public service. Hon. Speaker, the Commission on the Implementation of the Commission (CIOC) has been holding round table meetings in conjunction with the Attorney-General and the Kenya Law Reform Commission to come up with legislation proposals and afterwards submitting them to the National Assembly in good time. Hon. Speaker, the HBC will, under your leadership, accord priority to the said Bills to ensure that they are considered and passed before the constitutional deadline. Finally, the HBC will meet on Tuesday, 10th June 2014, at the rise of the House to consider business for the rest of the week. I now wish to lay this Statement on the Table of the House. Thank you.
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(Hon. A.B. Duale laid the document on the Table)
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Hon. Speaker
I think it is important that all those concerned appreciate that the National Assembly has all along been ready and willing to consider those Bills that have got constitutional timelines, but it has taken this long, including but not limited to, the Bill proposed by the hon. Millie Odhiambo who appears to have shifted base. The hon. T.J. Kajwang’.
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PAPER LAID Hon. Kajwang’
Thank you, hon. Speaker. I beg to lay the following Paper on the Table of the House:- Report of the Procedure and House Rules Committee on review of Standing Order No.44 (Statements) and Actualisation of Provisions of Article 153, Constitution of Kenya.
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Hon. Speaker
Proceed.
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NOTICE OF MOTION
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ADOPTION OF PROCEDURE AND HOUSE RULES COMMITTEE REPORT
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Tom Joseph Kajwang'
Hon. Speaker, pursuant to Standing Order No.262, I beg to give notice of the following Motion:- THAT, this House adopts the Report on the Procedure and House Rules Committee on review of Standing Order No.44 (Statements) and Actualization of provisions of Article 153 of the Constitution of Kenya.
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Hon. Speaker
Very well. Hon. Members, I think it is important that we seize copies of that Report so that when debate on it commences, the whole House is in tandem with regard to the proposals contained therein. Hon. Gumbo, the floor is yours.
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Nicholas Gumbo
Thank you, hon. Speaker. I want to thank the Leader of the Majority Party for the Statement and the business coming before the House next week. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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As I thank him, I want to recall with appreciation that yesterday, you led from the front in leading this House to pay our tribute to our departed colleague, the hon. Ngugi. When the debate was going on, a number of us observed that it is important that, as a House---
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(Hon. Keynan stood up in his place)
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Hon. Speaker
I am not seeing hon. Gumbo because hon. Keynan is standing on my way.
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Nicholas Gumbo
A number of us observed that the welfare of Members should be a concern to us both when we are alive and when we are gone. I am saying this because there are quite a number of our former colleagues in this House who are going through a lot of difficulties and whose cases have been brought to this House. It appears that the action necessary by this House is taking a bit long. I have in mind the plight of hon. Otieno Mak’Onyango, the former MP for Alego-Usonga. If I am not wrong, his case is before this House. This gentleman is suffering bitterly. He was given a court award and the matter is before the Departmental Committee on Justice and Legal Affairs. Actually, at the moment, as we speak, he is ailing and living in a construction site. Hon. Speaker, I would like to request, through you, and the Leader of the Majority Party that, if there is a way this House can help former Members of this House – a hon. Member who can hardly get a meal a day, to get one, it will be very good. It is really a very sorry state. I request, through you, if this House can help this hon. Members who served this country in that capacity. If we do that, I think this House will be demonstrating that we care about our colleagues, both when they are alive and when they have left us. I beg your indulgence.
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Hon. Speaker
Well, that is an important matter hon. Eng. Gumbo. But I think a better forum is that we need a Speaker’s Kamukunji so that we can look into other matters as well as address that matter and other issues of that nature. That is well spoken.
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Nicholas Gumbo
Thank you, hon. Speaker. It is not just hon. Mak’ Onyango alone. The other day, I meet the hon. Kalulu, who was also an hon. Member of this House. I think this House must address itself to the plight of former hon. Members of this House. It looks bad when people who have served this country in the distinguished capacity to go through that kind of suffering and this House appears helpless to save them.
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Hon. Speaker
Hon. Members, with some of the matters – if you start going that route, you may not know at which level some of the matters are being considered. I have seen now you are going to veer off. That is why I think a Kamukunji is a better place for that issue because some of the matters you are raising are already before the Parliamentary Service Commission (PSC). Some of them are actually being addressed by the Court of Appeal. Therefore, it is important that a Kamukunji is held. We should be able to address them without the constraints of rules and procedures of the House. Hon. Members, there is no Motion before the House. The House cannot just allow you to say this and that, when one hon. Member wants to say this, the next thing we are going to be told is that there is something happening in a place called Lamu Lamweti. It is only hon. John Serut who would know where that place is. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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(Laughter)
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Therefore, it will be getting information. Let us not go into that. It is not part of the business of the House. The House does not conduct its business that way. Let us just say that it is important that hon. Eng. Gumbo has raised the issue and we will address it probably in a Kamukunji, which I am going not convene very soon.
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(Some hon. Members stood up in their places)
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Hon. Members, this is a House of records. If we begin these altercations that there is something like that, the next thing we are going to hear is hon. Osele telling us about something happening in Kabondo-Kasipul. Many of you may not know where that is; but only very few of us. Therefore, please, hon. Members, this matter is a good one that has been raised by the hon. Eng. Gumbo. But let us address it in the Speaker’s Kamukunji . Can you take your seats? Hon. Members, I delayed earlier on--- Hon. Githinji, you are not allowed to trend around! You are supposed to freeze.
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COMMUNICATION FROM THE CHAIR
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PRESIDENTIAL MEMORANDUM ON THE NATIONAL POLICE SERVICE (AMENDMENT) BILL Hon. Members, there is a Message from the President which is a referral by his Excellency the President of the National Police Service (Amendment) Bill, 2013. Hon. Members, you may recall that during the month of April, 2014, the National Assembly passed the National Police Service (Amendment) Bill, 2013, aimed at amending the National Police Service Act. Thereafter, I presented the Bill for assent to His Excellency the President, in accordance to the provisions of the Constitution of Kenya and our own Standing Orders. However, on 3rd June, 2014, the President, by way of a Memorandum, referred the Bill to the National Assembly for re-consideration pursuant to the provisions of Article 115 (1) (b) of the Constitution. Hon. Members, I have, on previous occasions, guided the House on the manner of reconsidering a Bill, which has been referred to the National Assembly by His Excellency the President. In this regard, I will not revisit the procedure save to indicate that any amendment to the President’s Memorandum or, indeed, a total refusal of the recommendations must be supported by, at least, two thirds of all Members of the National Assembly. In addition, Standing Order 154 requires the House to consider the President’s recommendations on a Bill within 21 days, when the House next sits. In this regard, I direct the Clerk to circulate copies of the Memorandum from His Excellency the President to all hon. Members. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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In the meantime, the Memorandum by the President is referred to the Departmental Committee on Administration and National Security; which should present its recommendations the House in good time to enable the House prioritize re-consideration of the Bill in accordance with the requirements of our Standing Orders. Thank you. Next Order.
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Second Reading
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THE ALCOHOLIC DRINKS CONTROL (AMENDMENT) BILL
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(Hon. Ichung’wah on 3.6.2014) (Resumption of Debate interrupted on 3.6.2014) (Hon. Munyao walked and shook hands with hon. Nyenze, while the Speaker was on his feet)
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Hon. Speaker
Order hon. Members! Leader of Minority and hon. Kisoi Munyao, you should be freezing and not shaking hands! Hon. Munyao, if you are seen doing what you are doing, you may forfeit your right to sit in this House for the rest of the day. But for now, remain frozen.
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(Laughter)
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Hon. Speaker
Hon. Members, the House had concluded the debate on this Bill. What remained is just to put and question, which I am going to do now.
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(Question put and agreed to) Second Reading
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THE STATUTES LAW (MISCELLANEOUS AMENDMENTS) BILL
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(Hon. A.B. Duale on 3.6.2014) (Resumption of Debate interrupted on 3.6. 2014)
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Hon. Members, I think it is fair that hon. Members familiarizes themselves with what is in the Order Paper because when the Clerk is reading out that order--- Hon. Moroto, this is not a church! You ought to know our own procedures. When the Clerk is reading the Bill, if you have looked at the Order Paper, you have noticed that the next thing is that I will be putting the question. Therefore, you limit your movements in order for us to get over that business. We have a major business at our hands today. Hon. Ndung’u Gethinji and hon. Opiyo, honestly, is there any need for anybody to refer to the Standing Orders anymore? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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(Question put and agreed to)
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MOTION
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ADOPTION OF REPORT ON MIRAA/KHAT THAT, this House adopts the Report of the Select Committee on investigations into matters relating to production and trading of khat (miraa), laid on the table of the House on Thursday, 5th December, 2013.
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(Resumption of Debate interrupted on 4.6.2014)
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Hon. Speaker
Hon. Members, I will put the Question.
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(Hon. Ngong’o stood up in his place)
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Hon. Speaker
Hon. Ngong’o, you are out of order! I am putting the Question!
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(Question put and agreed to) (Hon. Ngong’o stood up in his place)
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Hon. Speaker
Is hon. Ngong’o standing up to call for a Division? Next Order! ADOPTION OF REPORT ON ESTIMATES OF REVENUE AND EXPENDITURE
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Mutava Musyimi
Hon. Speaker, I thank you. I beg to move:- THAT, this House adopts the Budget and Appropriations Committee’s Report on the Estimates of Revenue and Expenditure for the Financial Year 2015, laid on the Table of the House on Wednesday, 4th June, 2014. Over the last three years and since the promulgation of the Constitution---
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Hon. Speaker
May I understand so that the HANSARD record is correct, that you are moving this Motion, but in an amended form.
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Mutava Musyimi
There will be an amendment eventually; a small one.
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Hon. Speaker
But once you have spoken and you are the Chair of the Committee, I thought you needed to move it with your proposed amendments so that even hon. Members contributing can contribute on the basis of the Motion as amended by yourself.
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Mutava Musyimi
Hon. Speaker, I was going to include the amendment in the body of my speech.
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Hon. Speaker
But you see the Motion; if you look at Standing Order No.48, it ought to be included. That was the understanding.
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Mutava Musyimi
Hon. Speaker, I am happy to move the amendment now and I beg to do so. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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I beg to move this Motion as amended;- THAT, this House adopts the Budget and Appropriations Committee’s Report subject to (i) Deletion of Kshs200 million for Geospatial mapping under the Ministry of Lands, Housing and Urban Development under the recommendations on part (b) paragraph 47(ii) on page 19 of the Report and substituting thereof with the word “Kshs850 million” for geospatial mapping under the Ministry of Lands, Housing and Urban Development. (ii) Deletion of the figure Kshs1.779 trillion appearing under the recommendations part (b) (iii) of paragraph 47(2) on page 21 and substituting thereof with the figure “Kshs1.780 trillion”; and, (iii) The Schedule be amended accordingly. Thank you for your guidance. Over the last three years and since the promulgation of the Constitution, this House has played an increasingly significant role in the management of public finances. Article 20(2)(1), (4) and (5) of the Constitution and the Public Finance Management (PFM) Act of 2012 provides for the establishment of a Committee of the National Assembly whose main role is to oversee the budget process. The Standing Orders and specifically No.207 gives effect to this Article by establishing the Budget and Appropriations Committee with a very specific mandate. In line with the provisions of the Constitution, the Budget Estimates and related documents for the three arms of Government; the National Government, Parliament and the Judiciary are to be submitted to the National Assembly by 30th April every year. It is important to mention that although the deadlines that are provided for in the Statutes, the three arms of the government should endeavor to submit the Estimates much earlier to give this House more time to scrutinize them. Consequently, this will also facilitate the passage of the Appropriations Bill in time to give Ministries, departments and agencies ample time to put in place the necessary systems to implement the Budget. My Committee has scrutinized these Estimates for the national Government and has made significant recommendations to this House as is evidenced by the Report tabled. In reviewing the 2014/2015 Budget Estimates, my Committee held nine Sittings and in line with the Constitution, the Committee also invited the public in the Budget process by holding public hearings on Estimates in Bungoma, Homa Bay, Narok, Nyandarua, Kitui, Wajir, Kwale, Samburu and Nairobi. Those hearings were conducted to receive views and recommendations from wananchi on the proposed Budget Estimates in the thematic areas as outlined. Let me take this opportunity to thank members of the public who took part in those consultations. May I also thank my colleagues here and especially Committee Members and the Chairs for the important role that they played, extremely significant in the process and for their dedication in making it possible for us to scrutinize the Estimates that they gave to us. I would also like to thank your Office and the Office of the Clerk and the Parliamentary Budget Office for their continuously dedicated and relentless support that we received in the discharge of our responsibilities. Hon. Speaker, this Budget seeks to actualize the social contract between the Jubilee Coalition Government and the citizens of this great Republic. The aspiration of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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the Government is highlighted in the second Medium Term Plan of Vision 2030. Over the period 2013 to 2017, the Government should endeavor to deliver accelerated and inclusive economic growth, higher living standards, better education and healthcare, increased job creation especially for our young people; commercialized agriculture, increasing rural incomes and affordable food, improved manufacturing sector and more diversified export. All this is what we seek to achieve in this Budget at this stage. The pillars have been highlighted in this Budget. I want especially to say that we have given particular attention, as indicated, to security, which is a matter of great concern to all Kenyans. Can I also say that hon. Members will be pleased to note that we are recommending an additional Kshs5 billion to the Constituencies Development Fund (CDF). We are very clear as the Budget and Appropriations Committee that this money must be spent in enhancing infrastructure in public primary schools
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(Applause)
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In order to meet these pillars, it is imperative that the Government focuses on the outcomes that I have mentioned just now. Parliamentary control of public funds is fundamental. It is fundamental to any responsible Government. Granting the Government the authority to spend is one of Parliament’s principle functions. Parliament’s power to grant this authority is founded on two basic principles. One, the Government may raise money through taxation only with the approval of this House. The Government may spend money only after it has been authorized to do so by the representatives of the people. These principles are established in our Constitution. Article 95 specifically directs that the National Assembly shall determine the allocation of national revenue between levels of the Government as provided in Part IV of Chapter 12. In parenthesis, we have a very important issue that we are dealing with here on Tuesday. My Committee has met to discuss this issue of the division of revenue with regard to communication that has come to us from the Senate and I hope that all of us, not just two thirds, but all of us, will be here to prosecute that matter. Allow me to continue. We are also here to make sure that appropriate funds for expenditure by the national Government and other State organs are used properly. Pursuant to the Public Finance Management Act and our Standing Orders, my Committee discussed and examined the Budget Estimates for the Financial Year 2014/2015, guided by the following reflections:- (i) The identified priorities of the Jubilee Government, moderated by the micro-economic framework appreciating the expectation of continued national service delivery imperatives and conscious of pre-existing legal and policy commitments. (ii) We are also conscious of the transition to devolved government and the fact of transfer of designated functions and resources, financial, human and infrastructure to county governments as constitutionally mandated. (iii) The need to uphold fiscal responsibility and to provide oversight over the Government financial management in line with our mandate as a Committee. The 2014/2015 Budget was the first opportunity for the Jubilee Government to determine budget priorities and thus designate Budget provisions accordingly. This is in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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contrast to the constraining circumstances that the new administration found itself in at the start of last year and the limited room for amendments made vide Supplementary Estimates I. In addition, the Financial Year /2014/2015 Budget preparation process was an opportunity to clean house, to review and rationalize non-core spending areas and to re-organize spending units for optimal operational performance in view of the restructured Government and devolved functions. One of the most remarkably aspects of the Budget-making process in this Financial Year is the considerable portfolio being spread out from the centre to the counties and constituencies. Over 40 per cent of ordinary revenue has been allocated to county governments and another Kshs33 billion or so is designated for constituencies under the CDF framework as I have said. In this regard, this Budget resonates with the guiding principles on devolution as espoused in Chapter 11 of the Constitution in especially adhering to equitable sharing of national and local resources throughout the Republic. The Budget estimates for the national Government for the next financial year has placed specific focus on security, education, transport, infrastructure, energy, agriculture, water and housing. These are targeted matters that will meet the basic needs of our people as well as provide for their capacity to be productive. It will drive both the software and the hardware of our society. My Committee commends the Executive for taking time out to deliberate in a structured manner on the urgent priorities of our nation. The reflections have been reflected in the Budget Estimates of this year. Indeed, my Committee met twice with the Executive on these priorities. However, in the sequence of activities and in finally arriving at the Estimates, we recommend that the Executive deliberations should be logically sequenced in such a manner as to inform and retain the sanctity of the Budget Policy Statement. Many of you will recall the Nanyuki Retreat led by the President happened after BPS. It is our view that in future, Nanyuki should happen before the BPS, so that the national Executive outlines its priorities before we meet here as the National Assembly to determine the BPS. We further recommend that such reflection sessions be guided by a robust monitoring and evaluation structure that reviews programmes implementation and seeks to de-prioritize non-core projects and engagements. These are good steps for our people and it is good that many players have been involved in this Budget-making process. It is important to make bold steps in moving the entire Budget making framework towards our common vision and objectives. My Committee will continue to engage the Executive especially with respect to the reduction of non-essential Government expenditure within the Budget framework. We would like to see a review of the operations of State agencies and State funded programmes. We would like to see consolidation of duplicative programmes whose target objectives are similar, but whose administration and operations are disparate in form and structure. They should reduce non-essential programmes and expenditure on that at all levels possible. This proposal is based on the realization that a large portion of the current bureaucracy was created during the early years of Independence. In attempts to solve the unique problems of those eras and especially of the last term of nusu mkate, it is important that we look at Government bureaucracy again. It grows far too huge for our comfort. The Government must be made light and flexible, adaptable to the new challenges the country will face in the 21st Century. Winding out the failed and outdated projects of the past, obviously will free resources The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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that will modernize the Government and prioritize new interventions. My Committee would like to see synergy in the ongoing process of rationalization and re-organization of the national Government. The Budget and Appropriations Committee has also noted a less than optimal understanding of the programme based budgeting logic among the national Government Ministries. The programme based budget (PBB) framework seeks to make an explicit indivisible linkage between administrative units and programme activities. While this makes it simple to cost programmes, the approach as adopted has led to the design of programmes that conform to organizational structures instead of policy based outcomes. My Committee has also noted that the itemized Budget presented do not align to the programme based budget descriptions in all circumstances. The Budget and Appropriations Committee will seek to adopt and profile, in collaboration with the National Treasury, the comprehensive adoption of PBB as a basis for Budget making. In this regard, all effort must be made to secure the National Treasury’s continued capacity enhancement on PBB including the relevant training programmes for Accounting Officers, the National Assembly, the National Treasury core-Budget staff, the Controller of Budget and the Auditor-General while incorporating the change management components and leadership imperatives to support the programmes. In this respect, my Committee will require the Controller of Budget’s quarterly reports to Parliament to include progress review on achievement of targets of the various State agencies. We will be recommending that the House endorses this directive and not accept a report of the Controller of Budget that does not include information on performance targets. This House may also wish to consider issuing directions to the National Treasury to ensure that all future itemized budget estimates and their corresponding administrative head descriptions are aligned to the program descriptions, outlined in the Programme Based Budgeting. In this regard, efforts should be made to re-define the line itemized estimates, to relate to the program descriptions of each Ministry. It is important that my colleagues in other committees also note that we have directed the Parliamentary Budget Committee to make sure that, before guidelines are given to guide the Budget scrutiny next financial year, those guidelines must be approved by my Committee ahead of time. Excessive public expenditure impacts largely on fiscal balance. Increasing revenue to cope with escalating public expenditure is not realistic especially in the transition phase of our implementation of the new Constitution. Therefore, increasing revenue is vital. Decreasing Government spending is an urgent need, with a view to containing non-developmental expenditure, thereby releasing additional resources for meeting the resources for priority projects. The national Government will need to undertake a radical rationalization of administrative costs and those of expenditure items. This will allow for a stretching of our finite resources and our getting the best value for money, in addition to fully financing the core priority programmes for our people. In the meantime it is recommended that the national Government begins conceptualizing the establishment on an intergrated public sector, where public agencies collaborate across boundaries, and with the public to enhance performance and deliver better value. Government agencies need to envision working together, to operate under shared service structures for functions such as administration, information technology, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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advertising and communications, human resource management, finance, procurement and others, to reap economies of scale, and learn from leading practices in the public and private sectors. This is to be buttressed by the service level agreement to guarantee effectiveness, automation of requisite business processes and the policies/legal legislative review. The reform will also allow for national Government Ministries to concentrate on their core mandate without distraction. Development Budget absorption remains a critical challenge exacerbated by bureaucratic procurement processes as well as poor planning. Having a clear understanding of the requirement and timelines for procurements and appeals, a programme management team should be in a position to begin and conclude procurement processes in good time. With the launch of procure to pay system of the IFMIS, which envisions an end to end automated procurement cycle, it is anticipated that we shall soon reap our benefits. In the interim, it is imperative that Ministries put in place or enhance effective program implementation units with requisite technical capacity and expertise to efficiently and effectively implement program activities within stipulated timelines and in conformity with administrative and procurement procedures. This will also help in resolving the challenge of Program Based Budgeting by putting in place technically proficient teams that can develop, budget implement and monitor programs, and hence satisfy the Program Based Budgeting requirements of the Public Finance Management Act. Programme implementation units should be in a position to implement components of inter-ministerial program seamlessly if established. The National Treasury must similarly champion reforms to cash management framework. Currently, commitment controls are based on approved budgets and not projected cash availability. This leads to the risk to the payment of arrears and pending bills in the event of revenue shortfalls and budget re-allocations. The system of Government held bank accounts also hinders efficient budget execution through insufficient liquidity. Thousands of bank accounts are held in commercial banks and the National Treasury does not have information on the balances in those accounts. It cannot, therefore, use those balances to help finance budget execution without having to borrow. This should further be supplemented by a robust reform to the Exchequer management and release processes. My Committee appreciates that the process of transition within the new Constitutional dispensation would require considerable resolve, patience and pragmatism. It is noted that various institutions within the National Government, and between the National and county Governments, will need to continually define their mandates and operational spectrum, especially where there are incidences of shared mandated or transitional complexities. It is, however, imperative that immediate and deliberate effort is made to define to the lowest granular level, the distinctions in operational mandates in view of their implications on budget preparation, monitoring and evaluation. My Committee notes that national Government institutions such as the Ministry of Land, Housing and Urban Development and the National Land Commission are in the process of designing their operational mandate and not without a little trouble, if I might add. Ministries with substantively devolved functions are also in the frost of redefining the transitional complexities of existing programs. The Budget and Appropriations Committee recommends that consultations and decisions on any transitional arrangements are concluded at the earliest point possible, in order to support the distinct The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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mandates of budget oversight. In this regard, my Committee has made various recommendations and tasked departmental committees to regularly engage Ministries to provide reports on the process of designating national Government functions, shared functions and transitional engagements, with a view to ensuring that the next Budget-making process is distinct in structures and seamless in process and outcome. In line with the principle---
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Hon. Speaker
There is a point of order raised by hon. Shill
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Elias Bare Shill
Hon. Speaker, I stand on a point of order under Standing Order No.235 Section 6, which reads:- The House shall, on a Motion, that “this House adopts the Report of the Budget and Appropriations Committee on a the Budget Estimates for the National Government, the Judiciary and Parliament tabled in the House on….” Consider the Report and adopt it with or without amendments. We the Committee on Defence and Foreign Relations are at pains. We deliberated this morning---
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Hon. Speaker
Hon. Shill, I will advise that you wait for the Mover to move and he be seconded. Once the question has been proposed is when you can raise the point you want to raise. I can assure you, I do not need to look at the---, I thought you were putting something strange. This one I do not even need to check anywhere. I can assure you I will address you from where I sit. Hon. Musyimi, proceed.
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Mutava Musyimi
I thank you hon. Speaker. In line with the principle of public participation, as I said, my Committee engaged the citizens with regard to priorities and the programmes of this Government. We have acceded to the discourse and so, to ensure that the demands made for transparency, accountability, responsibilities and effectiveness are entrenched within the budget-making process and outcomes, it is our expectation that all the stakeholders will adhere to those principals and secure the hope of our people and the vision of our development agenda. We particularly call upon our county governments to consider the proposals here in and customize the recommendations made for the betterment of our society and the development of our nation. We are today considering this Budget which has moved from Ksh1.769 trillion to Ksh1.780 trillion if my amendment is adopted, and that is based on the scrutiny and the review of the requirements of the various ministries, while taking into account the needs of the public and critical issues. The Budget and Appropriations Committee expects that the differences between what we anticipated in terms of revenue collection and the budget itself, and what we can collect from outside via loans and grants, will be financed by cost saving, increased efficiency of collection of resources and administrative measures. Hon. Speaker, my Committee, therefore, requests this House to resolve as follows:- That this House adopts this Report. That the proposed amendment to the proposed 2014/2015 Budget as contained in this Report be adopted and that Schedule I and Schedule II attached to this Report becomes the basis for the appropriations for 2014/2015 Budget. Hon. Speaker, with much appreciation, I beg to move and request my distinguished Vice-Chairperson, hon. Mary Emase, to second the Motion. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Mary Emaase Otuch
Thank you, hon. Speaker. First and foremost, I want to appreciate the Members of the Budget and Appropriations Committee under the leadership of hon. Mutava Musyimi for their dedication and commitment. We had to sacrifice all other responsibilities and work tirelessly to ensure that we conclude the budget process within the timelines. I also want to commend all other Departmental Committees for the good work they did. In particular, I want to single out the Departmental Committee on Finance and Planning which was able to generate a total of Kshs5.71billion which was later reallocated within the sectors to more needy departments like tourism, CDF and other areas. In reallocating the resources as earlier alluded to by the Chairperson, we were guided by the needs of Kenyans and the commitment of this nation towards achieving Vision 2030; aligning our goals to the Constitution and also conforming to the Jubilee Manifesto. I would like to comment on several sectors as far as the reallocations are concerned. I would like to start with the Ministry of Education, Science and Technology. Hon. Members from where we sit, you will agree with me that the education sector is very critical as far as the development of this nation is concerned. We all understand the deplorable condition of infrastructure in most of our primary and secondary schools. It is in that respect that the Budget and Appropriations Committee recommended the enhancement of the CDF. Most of the enhancements are going to improve the infrastructure in schools. You will recall that in the Budget Policy Statement (BPS), this House resolved that the figure for CDF would be enhanced to Kshs35 billion. However, in the Estimates that we received, this figure had been reduced to Kshs27 billion. Hon. Members, I would urge all of you to support the position that this Committee has renegotiated with National Treasury because we managed to enhance the figure for CDF to Kshs33 billion. There is also an additional Kshs243 million which had been allocated earlier to the Department of Education for purposes of improving infrastructure, which we felt it is better included in the CDF allocation because when you look at the kind of development that the CDF has done, you will agree with me that they are tangible. The development range from educational to health in terms of clinics and dispensaries. The security roads that have been constructed and the provision of water is a confirmation that CDF has done a lot as far as development is concerned. Hon. Members, when you look at the budget for the Ministry of Health, there is a recommendation that has been made by the Senate, and that is contrary to the Resolution of this House with regard to the recommendation by the Budget and Appropriations Committee on a conditional allocation to the tune of Kshs3.74 billion that was ring-fenced and meant to go towards improving Level 5 hospitals. You will realize that now we have a stalemate. They are recommending that the national Government should set aside additional resources from the Kshs799.65 billion which is the national share of the budget towards improvement of the Level 5 hospitals. Our position as the Budget and Appropriations Committee is that those resources must come from the county allocation because that was our recommendation. We are over-stretched and we may not be able to get those resources from the national Government allocation. On the issue of security, this House resolved to give the security sector a total of Kshs15.44 billion. We, again, noticed several deviations from the Budget Policy The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Statement. It was enhanced to Kshs17.44 billion. However, after receiving presentations from the Departmental Committee on Defence, they reinstated the position of the House Resolution. However, we were at pains to agree with that recommendation given the situation of insecurity in the country and the terror threats against this country. We had to listen to the Director-General of Police and we had to reinstate the figure to Kshs17.44 billion. That is because we feel we need to give sufficient resources to the Ministry in charge of security in this country. Hon. Members, this Budget also sets aside certain resources that are meant to take care of the views received from public hearings. Article 221 of the Constitution mandates the Budget and Appropriations Committee to receive views from the public and make recommendations. Therefore, this Committee has set aside a total of Kshs5 billion that is meant to go towards funding those projects that arise out of public hearings. I would like to say something about the Ministry of Agriculture, Livestock and Fisheries. We all understand the importance of this Ministry as far as food security is concerned. As much as this has been devolved, we feel that more money needs to be allocated especially to some of the parastatals. One of the parastatals has remained under the purview of the national Government. The Agricultural Finance Corporation says that it has been under-funded. Again, we were constrained and we were not able to provide any funding. I do recommend that, that Corporation, which actually provides loans to farmers in order to support them, needs more funding. The Corporation’s officials should appear before the relevant Departmental Committee and then in the Supplementary Budget, we could consider additional funding towards that pillar. If you look at our recommendations, the Budget and Appropriations Committee respected most of the recommendations from the Departmental Committees. We have only differed with them on the issue of security, where we had to reinstate the position as per the budget estimates that we had received. So, this is a Budget that we feel we need to support. If there are any other amendments, then hon. Members should be able to bring them before this House. However, the Committee has done its best. We did a lot of scrutinizing. There are cases where some Departmental Committees had to visit the various programmes and projects so as to appreciate the budgets that were presented before us. I remember the Departmental Committee on Finance and Planning had to visit the Ronald Ngala Project in Mombasa. We also had to visit the Huduma Centres so as to appreciate the figures that were put before us. You will realize that we have made certain reductions in the budgets of some sectors. The reductions were either informed by the high pricing of certain programmes or we were not convinced as to the outputs. The other reason for the reductions was the low absorption by certain departments. Hon. Members, I think that is what we did and I want to end there. Thank you, hon. Speaker, I second the Motion.
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(Question proposed)
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John Mbadi Ng'ong'o
Thank you, hon. Speaker. I also want to take this opportunity to congratulate the Committee of which I am also a member for working very hard. I remember we were told that the Speaker allowed us to have five sittings to produce this The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Report. The Committee decided to sit even late and we just had three sittings to be sure that the Report was ready and this we did purely to help also show by example that as a Committee of Parliament responsible for Budget, we are conscious about expenditure. This Committee also did its Report in Nairobi to ensure that we set an example even to other Committees of Parliament that reports of committees can be done in Nairobi and you do not have to travel out of Nairobi to do a report. We are today considering the Report of the Budget and Appropriations Committee, in line with the requirements of Article 221 of the Constitution and also in line with Public Finance Management (PFM) Act, Section 39. This House is now a budget-making institution and is no longer a budget-approving institution as it used to be before the 2010 Constitution. Once we approve the Estimates today, the Treasury will be required by law to consolidate, publish and publicize the approved estimates not later than 21 days after the approval by the National Assembly as spelt out under Section 39(5) of the PFM Act. The Treasury should know that whatever will be passed in this House, if it is done this afternoon or this evening they have only 21 days from today to consolidate, publish and publicize as per requirements by law. Now, allow me to go into a little detail about the Report and also mostly about the budget estimates. In the interest of time, I will just point out the key areas that I think are of concern to this country. First of all, there is disconnect between House resolutions on the Budget Policy Statement (BPS) and the Budget Estimates. Section 25 of the PFM Act requires that Parliament, and in this case National Assembly, to approve Budget Policy Statement prepared by Treasury and approved by the Cabinet which document sets out broad strategic priorities and policy goals, besides the proposed expenditure limits for the national Government, Parliament and Judiciary and indicative transfers to the county governments among other vital micro-economic forecasts. Section 25(8) of the same Act states as follows:- “The Cabinet Secretary shall take into account resolutions passed by Parliament in finalising the budget for the relevant year.” Most of the resolutions of the House, for the benefit of this House, were ignored by the Cabinet Secretary. This House should not legislate in vain. Two is the issue of programme-based budgeting even though the Treasury has attempted to adopt programme-based budgeting, which we have been calling for over the years. The Treasury has failed to do the following one, adhere to Section 38 of the PFM Act, 2012 and more particularly Section 38(1)(b)(vi) by not indicating the sources of funding per programme in the 2014/2015 programme-based Budget. Actually, the requirement of that particular provision is that you not only indicate the programmes that you want to finance but even specific sources of funds for each and every programme. We hope that in the next financial year, we will have details of this. Two, new programmes were introduced and some which were already there were removed, bringing to light a clear disconnect between what was provided for in the budget policy and expenditure priorities and this is a reflection of poor planning in the budget-making process. One would expect the Treasury to be very clear on how they plan the affairs of this country. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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With regard to interest repayments, close analysis of the Budget Estimates as provided isolates interest repayments as the second largest component of expenditure after Recurrent Expenditure at Kshs184 billion for 2014/2015 and the trend continues in the medium term. If you look at what is projected to be spent on interest repayments not only in 2014/2015 but also in the medium term which includes 2015/2016 and 2016/2017, the trend is the same. We intend to spend huge amounts of money in interest repayments and this therefore calls for the need to ensure efficient use of external loans for Kenyans to get value for money. I would urge my Committee; the Budget and Appropriations Committee to now get seriously involved in getting the details of the public debt. The terms of those debts are spelt out in Section 31 of the PFM Act and also to interrogate the debt management strategy devised by the Treasury as is required under Section 33 of the PFM Act to save this country from wastages of public funds from fraudulent activities, like the Anglo-leasing contracts. You realize that a lot of the interests that we are paying at the moment are as a result of fraudulent transactions, contracts which happened in the previous years and we need to interrogate this critically and come up with a position on going forward, how the country needs to manage its debt. I want to also speak to amounts available for development. Out of the total Kshs1 trillion, Kshs181 billion, which we project to collect in the Financial Year 2014/2015, only Kshs43 billion is estimated to be spent on Development Expenditure which is less than 10 per cent. Therefore, what this means is that over 90 per cent of our development budget will be finalized through borrowing and grants from development partners and domestic borrowing. There is therefore need to drastically reduce our Recurrent Expenditure so that we can channel part of the locally located revenue to finance productive expenditures and to spur economic growth and bring economic stability. That takes me to the next point which I wanted to also canvass; the issue of domestic borrowing. The Jubilee Administration is projecting to finance the discretionary expenditure of Kshs.1 trillion and Kshs176 billion. What I mean by “discretionally expenditure”, is the expenditure where we have a choice, both recurrent and development not taking into consideration loan repayments or Consolidated Fund services because those are a must pay expenses. We intend to spend that much and this is not sustainable, unless the Government resorts to domestic borrowing which may have far reaching implications, including crowding the private sector, which has been mentioned time and again and increasing interest rates in the country, which will again result in increased unemployment and slowed economic growth. As a matter of fact, the Government is planning in the year 2014/2015 to raise Kshs190 billion through domestic borrowing up from Kshs133 billion last year and this figure will definitely rise. This is because the projected economic growth may not be realised due to current economic difficulties resulting from the effects of travel bans that have been issued, which will in effect affect our tourism and we all know the importance of the tourism sector in the economy of this country. Hon. Speaker, if this projected economic growth was based on the anticipated growth even in the tourism sector, it is not likely to be realised. Therefore, the Government will most likely borrow beyond the anticipated Kshs190 billion. This will, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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therefore, negate the Government policy of ensuring that domestic borrowing does not crowd out the private sector given the need to increase private investment to accelerate economic growth. Hon. Speaker, I want to conclude by addressing a certain issue. In 2013/2014, we had projected to shift to sovereign bond borrowing and we were projecting to collect Kshs135 billion.
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Amina Abdalla
Thank you, hon. Speaker. I want to join my colleagues in congratulating the Budget and Appropriations Committee for the great work that they have done on this Budget. I would also like to congratulate our Budget Office. The Executive keeps telling us that they have moved to a programme-based Budget and yet we see a lot of signs of incremental budgeting and it is only our Budget Office that has been very keen at pointing out this. We noted that in cases where new programmes have been introduced, the Treasury had problems jumping from probably Kshs10 million to Kshs100 billion in one line and we are able to deal with that. I think some of the hangovers of incremental budgeting need to be addressed. Hon. Speaker, I am very pleased with the fact that whereas in the last Budget we were still grappling with transition, in this Budget we have actually been able to put the Executive on check and they were able to make very good recommendations that are answering issues that affect Kenyans. Hon. Speaker, as the Chair of the Departmental Committee on Environment and Natural Resources I am under immense pressure to declare poaching a national disaster but being a person from that area of conservation, I know that declaring poaching a national disaster would not translate into reduction in poaching much as I really feel for the fact that we are really loosing much of our national heritage. It is with that in mind that our Committee reduced the budget for non-essential development activities and gave funding for recruitment of rangers so that we deal with this matter where it matters most. We were able to raise Kshs500 million in terms of reduction and I am very happy that the Budget and Appropriations Committee added for us Kshs250 million for purposes of recruiting 500 rangers. The poaching problem is a security problem similar to the issue of terrorism and we would only be able to fight it by giving it funding, which is why I am extremely happy that the Budget and Appropriations Committee has declined the proposal from the Departmental Committee on Defence and Foreign Relations to reduce funding to the National Intelligence Service (NIS).
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(Applause)
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Amina Abdalla
Hon. Speaker, I want to raise an issue that is really one that we need to deal with because the Executive seems to get excited about new projects and does not give attention to existing projects. I want to tell the Executive that the more they neglect old projects the more we worry about premeditated corruption in their offices. So, hon. Speaker, I want us to urge the Executive and give them a final warning that they are themselves the authors of a circular that states that pending bills should be the first charge before new projects. We will not in future tolerate new projects if they have not paid for their pending bills. I want to urge the Departmental Committee on Finance, Planning and Trade to investigate the Pending Bills Committee. It is important that when The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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you give pensioners a job, you need to give them timelines for outputs because they would want to continue “sitting” on pending bills for purposes of continuing earning allowances. So, the Departmental Committee on Finance, Trade and Planning needs to look into the Pending Bills Committee so that we do not have to deal with pending bills every Budget season. Hon. Speaker, the other thing that I note with the devolved units is their excitement with devolving everything even when they have no capacity for what is being devolved. We hear that county governments took over the suppliers. We need to address this matter more in the long term. That also affects the health budget. The problem of taking up responsibilities that the devolved units do not have capacity for and we leave it to them to think of policy direction will take us nowhere. Hon. Speaker, with that in mind I want Members to really give time to the Water Bill. I think it is time that we addressed the fact that all our waters, including water that is supplied to Members of this House is subsidised and we cannot have our sustainable investment in the water sector if we do not answer the question whether these investments are paying back. We can only do that by changing the systems proposed in the new Water Bill; what is there now is just changing names. I want us to think through sustainability of the water that we are supplying to our people. We should not overlook the fact that there are those we need to give water at a subsidised price. Why do I have to pay Kshs3,000 for a water bowser if the Nairobi Water could only increase the price and give me services other than just be waiting for services from the national Government and they are unable to sustain that? So, hon. Members I urge Members that we need to think outside the box and we will be requesting you that despite the fact that we have not produced a report on the Water Bill, this debate be delayed so that the thought process of coming up with that Bill goes beyond what we are dealing with. So, I also want to inform Members that our Budget and Appropriations Committee has also brought out the importance of public hearings. We are extremely happy that they were able to give us money for a dam that even the Ministry had overlooked, that is the Umaa Dam. They have also helped us conclude the Chemususu Dam that is lying there after Kshs5 billion investments and yet that water is not reaching the persons it is supposed to reach. We are also happy that they have given us funding for concluding the supply for the Kiserian Dam. The importance of public hearings is that we are able to bring out reality and respond to the people more than our Executive which seems to be doing more theoretical budgeting rather than practical budgeting. Hon. Speaker, finally, I want to say that if our Budget Office with the few staff could do great work because we get briefings from them, I think with the expanded staff we will be able to really put Treasury on the spot and we will be able to perform our services more prudently. Hon. Speaker, I did forget to mention something that the able Chair of the Budget and Appropriations Committee did. We are tired of acting like what the Attorney-General calls a mortician. We give money to these Ministries and the only time we interact with them is when they are asking for more or a supplementary budget, but we never monitor what they do. Therefore, I am happy that the Budget and Appropriations Committee has taken up this recommendation for us under the Ministry of Environment, Water and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Natural Resources. We have demanded to have all the projects and we will do quarterly monitoring so that we do not end up with poor absorption capacity of the development budget. With those few remarks, I beg to support.
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Francis Mwanzia Nyenze (Deceased)
Thank you, hon. Speaker, for giving me this chance. I want to join my colleagues to congratulate hon. (Rev.) (Dr.) Musyimi; the President who was shy of accepting the throne. This Committee has done a good job considering that it is a Committee of 50 plus hon. Members. They visited nine counties; including Kitui County, my county, when they were constrained with time and so forth. They came up with this very balanced budget. I want to commend them because they did a diligent job. However, I noticed a small error in Minute 122, 2014, which quoted Kshs826 billion as the reduction in the Judiciary Budget. I think the Committee meant Kshs826 million, not billion. Such small errors can lead to the media misreporting and this should be avoided in future. Let me thank the Parliamentary Budget Office under Madam Phyllis Makau. She did a good job supporting this Committee within a short time. A total budget of Kshs1.769 trillion has been increased by this Committee to Kshs1.779 trillion. This is a very ambitious budget and I support this Bill. Hon. Speaker, let me also thank the Parliamentary Service Commission (PSC) and the Chief Registrar of Judiciary for submitting their estimates in the agreed form as per the requirements of Articles 127 (5) and 173 (3) respectively, of the Constitution. I hope that when the budget of the PSC is approved, we will have an improvement. If you look at the place where we used to have pigeon holes, we want that to be re-introduced because most of our correspondences are spread all over and it is very difficult to get to hon. Members. I hope Members of the PSC are listening and they should improve on that. Hon. Speaker, on the recruitment of 588 additional staff by Parliament, it has had a positive impact and we are seeing this in the Budget. We hope the operations of this House will improve so that we give good service to hon. Members. We look forward to the second phase of recruitment by the PSC and hope that will lead to enhancement of capacity for Parliamentary Service Commission. I expect the Centre for Parliamentary Studies and Training (CPST) to improve its absorptions capacity and begin offering training based on the six core thematic areas. Hon. Speaker, I also want to say that two months ago we buried an old Member of this House, a former Member of Parliament. He died while very poor. He led a very good life but died very poor. I hope that in the next Budget, the Budget and Appropriations Committee considers allocation for gratuity and retirement benefits for both former and current Members of Parliament because we have seen a lot of poverty when one leaves service from this House. Hon. Speaker, I also want to say that I would like to note that in future Treasury should work more closely with the Budget and Appropriations Committee so that the Budget Policy Statement is in harmony with whatever this Committee does. This is because there before we have seen under the new Constitution, Treasury trying to impose their will on the National Assembly. But the National Assembly is the one that has a major role in Budget making process. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Hon. Speaker, I hope in this Session we shall fully apply Article 153(3) which requires Cabinet Secretaries to appear before Committees of Parliament to answer questions because we have been having problems. This time we want those Cabinet Secretaries to appear before Committees and also to appear before the House to answer questions because we do not want to be asking questions which no one answers and then we start blaming Chairpersons of Committees. Hon. Speaker, I am happy about the Equalisation Fund because they will receive Kshs3.4 billion in line with Article 204 of the Constitution. The Fund will help marginalized areas so that the economy can grow equally across the country. As I have said before, the Budget is very ambitious. In terms of revenue collection, I think something should be done because we are not collecting as much as we should. We can understand this because the economy is not growing at a double digit. This is an ambitious budget and we hope this Committee looks into ways of netting more people to pay taxes. Hon. Speaker, the Executive must be guided by Article 227 (1) of the Constitution in procuring goods and services. It reads as follows:- “When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.” Hon. Speaker, while we praise the Committee for a good job, it is high time we started looking at these contracts, especially security contracts. Any allocation to security agencies should be scrutinized and analyzed because the Constitution requires that it should be competitive, transparent and should be scrutinized by people’s representatives. It should not be left to go the way it has been done in the past. Hon. Speaker, the additional Kshs1.046 billion to the National Land Commission will go a long way to help it execute its mandate. I am appealing to His Excellency the President, whom I have a lot of respect for, to intervene because there has been a very big war. The National Land Commission cannot execute its mandate and the Ministry of Lands cannot move. Let it be sorted out so that people can get their title deeds and other services so that they may also help the economy to grow. I also want to say that the additional Kshs100 million to the Kenya Law Reform Commission (KLRC) is healthy because of the expanded mandate of the Commission as per Section 53 of the County Governments Act and subsequent sections (6) (1) (c), (g) and (h) of the KLRC Act which mandate it to assist counties in drafting legislation as per Article 185(2) of the Constitution. Hon. Speaker, I just want to say this: I am happy that the Committee allocated money for those stalled projects like the Sasumuwa Dam, Umma Dam in Kitui and the dam in Kajiado. It is good that we provide water to Kenyans because water is life and it is something that has not been taken very keenly by the previous Budgets. But this time, I thank the Committee because they looked at that. My own misgiving on the Committee’s allocation is that they never allocated anything for Kibwezi-Kitui-Mwingi-Maua Road that connects Ethiopia and this is the lifeline of this country. It will cut the distance from Mombasa to Ethiopia and northern Kenya by more than 500 kilometers yet there was no allocation. I want to appeal to this Committee headed by the very able hon. Musyimi, in the next Budget, allocate something The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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even if it will be Kshs500 million to that road. This will ensure that where the Speaker comes from, the road network is good. That road passes through there and that will be very good for this country and for the economy to grow as fast as possible. I also want to say that in the next allocation, we need to remember the retired teachers. They went to court, won the case and were awarded money but the Treasury through some very funny means has refused to pay them. Everybody who has gone to school has been taught by a teacher. Those retired teachers are suffering. We want this Budget and Appropriations Committee to know that retired teachers are not asking for a favour, they are asking for their rightful entitlement. It should make sure that this Committee allocates money for those teachers because some are sickly and old and they need this money. They are suffering and they are everywhere in the country. The allocation of Kshs1.2 billion for construction of Ronald Ngala Utalii College is a major stride in the right direction because we want to bring in as many tourists as possible. This can be replicated in many other places. I am also very happy for the allocation of Kshs400 million to Konza Technopolis. This will boost the development of knowledge in this country and this will be a knowledge based economy. If you want this economy to grow in double digits, allocate even more money, even Kshs4 billion to the Konza Technopolis and this will improve the lives of Kenyans. Finally, I hope some funds in this Budget will be used to convene the national dialogue conference because this country belongs to all of us and we want to unite. We want to avoid chaos. We want to sit and move together. So, part of this money should be allocated to the conference and I thank the President because he has accepted to hold it. It is only a shortsighted person who can refuse this. This will enable us to move together as a country. A leader moves with his people; whether they are in the Opposition or in the Government. I thank Hon. Uhuru Kenyatta for the decision he has made. Let us dialogue and move forward.
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Benjamin Kipkirui Langat
Hon. Speaker, I rise to support the Report of the Budget and Appropriations Committee. I want to thank the Chair and the membership of that Committee for the serious engagement we had to ensure that all the Estimates are looked into; to ensure that no wastages are budgeted for. Therefore, I want to thank the Chair and his team where I am also a Member. This is the second Budget of this Session. I will say that this is the Budget that should bring the real changes that Kenyans have been expecting. This country is facing many serious problems and the surest way of addressing those many challenges is through the Budget process. This is a very serious document. I want to urge our colleagues, those who are saying that they need money to dialogue; I think the Members of this House who go out there to demand for national dialogue are being told that you have failed in the House. That is exactly what you are being told out there. So, I want to encourage my good friend that that is an indictment on his side that they are failing in the House and that is why debate needs to go outside Parliament. Therefore, you are here in the House; what you need to say, say it here. If it is about money, let us discus it here in the House where the relevant institution is. We cannot go outside there to waste money and say that we want to discuss. Do it here in the House and the Senate. Those are the relevant bodies. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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I am sorry, I have been distracted by that point from my good friend but I want to say that security is very key in this country and that is why I supported the Budget because serious proportions have been allocated to security. We hope that with the support from this House, the relevant security agencies will do their job. I want to thank the Government for the idea of leasing vehicles. At least, now everywhere across the country, you will see police have been facilitated with vehicles and I think that is a very serious thing. The other year, this House gave kshs3 billion for leasing of police vehicles. This year it has been doubled and that shows that we are doing the right thing in the country. What we need to be doing is not to celebrate about some of the problems that the country is undergoing. Some people seem to be celebrating in the name of saying that Jubilee has failed. We should be a united country, especially on the issue of terrorism. Our economy can only perform if our infrastructure is properly settled. One of the reasons why I support the Budget is because serious funds have been allocated to infrastructure. The economy can only grow if we have serious infrastructure that is modern in place. We also need power and energy and this House should fully support the Government’s effort to ensure that we treble the electricity that this country generates. I believe that in another three years we should see the value for our investments in the energy sector. We should see the reduction in the cost of power which will spur economic growth in this country. A country that is not educated will never develop. That is another point that I want to raise. Serious amounts of money have been used in the education sector. The Budget and Appropriations Committee should in future ensure that every year, a substantial amount of money is budgeted for schools’ infrastructure. All of us will agree that if it was not for the CDF, our schools’ infrastructure would be a serious problem. We need to come up with a serious policy to ensure that every year there is some investment in the infrastructure in our secondary and primary schools, so that we can give quality education to our children, who can take over our economy in future. However, the allocation to the counties has been progressive. I want to encourage those who are charged with the responsibility of spending the money at the county levels to be prudent. Kenyans should enjoy the benefits of devolution. They should see the Kshs226 billion in our respective counties. There should be a great reap. Some of the counties that we are giving Kshs4 billion and Kshs3 billion have never seen Kshs100 million or Kshs200 million in their lives. Now we are giving them Kshs4 billion or Kshs5 billion in a year. We need to ensure that the money is used for the intended purpose and the wananchi get value for money. Once again, I wish to thank the Budget and Appropriations Committee. I support the Report and urge the House to support it. We will give the relevant Ministries the money they want, but if they do not implement projects properly, we will fail. In fact, the next step that we need to take is to check how the money has been absorbed. Out of the money which we allocated in the last financial year, how has it been absorbed? Allocations to Ministries that do not spend their money without good reasons should be reduced. Some are given money and they return about 40 per cent every year. We should have a requirement that if you have not spent 40 per cent of your allocation, you will be given 40 per cent less of the last financial year’s allocation. This will encourage Ministries to spend their allocations. We will also see those who are lazy The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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and those who give different explanations like they were unable to do this and that because of the procurement law. That has been misused. The procurement law is suffering. Everybody is saying that the Procurement Act is a problem, but it is actually about timing and people knowing what they want to do. I strongly support.
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Benson Makali Mulu
Thank you, hon. Speaker. I want to thank you for giving me a chance to contribute to this subject, which is quite dear to my heart. I want to support the adoption of this Report. I want to start by thanking Kenyans for giving this country the Constitution 2010. In this Constitution, this House has been given a huge responsibility in terms of the Budget making process. This is a serious departure from what used to happen in the past. When I look at this Budget of Kshs1.78 trillion, it has quite some positive aspects, which if we do not mention, it will be unfair to the process. Looking at the Budget and the process, we all as Kenyans appreciate the opportunity to have public participation in the Budget-making process. For some of us who interacted with Kenyans in the rural setting, Kenyans appreciated very much the fact that Parliament had gone out there to interact with them in terms of the Budget-making process. That is something worth mentioning and it is positive. The other thing, which is also positive, is the analyzing of this Budget in terms of what is called targeting the Budget. Some good work has been done in terms of trying to target the Budget. More so, in the 2014/2015 Financial Year, we have projected a GDP growth rate of 6.1 per cent. If we have to achieve that growth rate, it is important that money is targeted to the right sectors. If you look at this Budget, a lot of resources have been targeted to the infrastructure, agriculture, energy, education and water. These are sectors which will grow our economy and at the same time generate employment for our young people. The other area which is also important is the social safety net fund. This Budget has enhanced the allocation to this fund, which is targeted for the elderly in this country, the disadvantaged and children from poor backgrounds. This Budget, in terms of targeting, some good work has been done. The other area of interest is the area of loans. We have said in this House in the past that whatever loans that we get from our friends from outside this country should be used well. If you look at this year’s Budget, you realize that all the money that we are getting from our development partners is going to be used for the productive sector. This means that these funds will help this country to grow, unlike the situation where these loans are used to fund the Recurrent Expenditure. That is also a very positive aspect of this Budget. For the first time, the Parliamentary Service Commission has been allocated almost all the amount that they requested for. As a Commission, and the Speaker you have the honour to Chair that Commission, we should take care of the development and recurrent needs of this House. Having said that, there are also areas in which we can improve as a country. I just want to spend a few minutes on this because it is important. The Budget is not clear on the targets and outputs that should be achieved at the end of the day. That is the whole essence of programme-based budgeting. It is for the country to say that this year we are targeting to do 100 kilometres of tarmac roads, grade 1,000 kilometres or do 100 boreholes. That is the whole purpose of programme-based budgeting. If that is not done The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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clearly in the budgeting process, then at the end of the year, we will not be able to tell Kenyans what we will have done with the Budget. They will not be able to answer the most important questions, whether they got value for the money which they have been taxed by the Government. That is an area that as we move forward, the Executive needs to pull up their socks in terms of ensuring that our Budget is clear in terms of targets and outputs. Hon. Speaker, there is another area which also needs improvement. In the Budget for the next financial year, we are going to give to the Semi-Autonomous Government Agencies (SAGAs) a total of Kshs460 billion. In the Budget, these are what we call “block release”. You just have an item giving, say, the Kenya Medical Training College (KMTC), Kshs100 million. There are no further details to this House. What it means is that this House will not have an opportunity to look at that kind of budget in details and see whether it makes sense in terms of developing this country. As we move forward, it is important that we start getting itemised budgets for the parastatals, so that as a House, we can see where the money goes. We are all aware of the saying that “the devil is in the details”. If we are able to know the details, as a House, we will be able to do justice. Additionally, looking at page 15 of this Budget, Item No.38, the Government is coming up with some kind of a new approach they are calling “leasing of movable assets”. Instead of buying, you lease. It is important that the Government does a proper cost-benefit analysis on this policy. Unless we do so, we may not be sure whether buying is cheaper or expensive. I want to give an example. In the next financial year’s Budget, we have provided Kshs3.4 billion for lease of medical equipment. This will be done for two health facilities in each county, which means we are talking about 94 medical facilities. If you divide Kshs3.4 billion by 94 and divide by 12, it will give an estimate of about Kshs3 million to be spent every month on leasing of equipment in a medical institution. Unless we are told what equipment will be leased at Kshs3 million per month--- Hon. Speaker, I am sure that even where you sit, at your level, when you hear about Kshs3 million being allocated for use by a hospital for lease of equipment per month, it must be bothering you. I imagine my mother who is somewhere in the rural areas hearing about this amount of money being spent by a hospital every month for lease of equipment. So, what we are saying is that, whereas this might be a very good idea, it is important that the Government provides to Kenyans a cost-benefit analysis, so that we can be aware of what is happening. We have dealt with Budgets in the past. One of the challenges that have always been experienced by the Ministries, Departments and Government agencies is that of Exchequer releases. We approve Budgets but the Ministries, Departments and Government agencies are not given money in good time for them to implement their programmes. It is important that we request the National Treasury to make sure that whatever amount has been approved in this Budget, the actual cash is made available in good time in order for the spending entities to have sufficient time to implement their programmes. It will be unfair for us to put the money in the Budget only for that money to be released to the spending entities in January. It means that we will have lost six months of implementation. The problem of low absorption rate will never end if this problem is not solved. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Hon. Speaker, last but not least is the issue of the Budget Policy Statement---
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Hon. Speaker
Yes, hon. Pukose!
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(
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Robert Pukose
Thank you, hon. Speaker, for allowing me to contribute to this very important Motion. First and foremost, I would like to thank the Budget and Appropriations Committee, led by their able Chairman, hon. Mutava Musyimi, for a job well-done. In the last financial year, they scored poorly because of the circumstances under which they worked. This time round, their marks have improved. I can score them at 55 per cent.
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(Loud consultations)
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(
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Robert Pukose
Hon. Speaker, I would like the Members of the Committee to appreciate the fact that a surgeon will never score anyone more than 60 per cent. The best that one can get is 55 per cent. Going forward, there are suggestions that the Committee has given, amongst which is how to improve on what has happened in the current Budget. That gives room for improvement. Once we have room for improvement, we will be able to move further. Our biggest challenge in terms of Budget preparation is that our law demands that it has to be the estimates of the appropriations that were last approved by Parliament, which are supposed to have been presented by the Public Accounts Committee. The last one was presented in the Financial Year 2009/2010. This means that we are not able to budget in time. So, this is the challenge, especially to our Chairman of the Budget and Appropriations Committee and his team, who are supposed to work very hard and make current Budgets and sit within time. If we are going to prepare our Budget Estimates based on the 2009/2010 appropriations, then it is a big challenge. All said and done, we are talking of 1,200 vehicles being leased in the country. We are talking of improving the security of this country. In my own constituency, which has an Officer Commanding Police Division (OCPD) and two Officers Commanding Stations (OCSs), there is only one motor vehicle. In the circumstances, I do not feel that my constituency is secure enough. I do not know where the 1,200 motor vehicles that we are talking about are. Today morning, a boda boda motor cycle rider was knocked down by a matatu . The only vehicle available at the police station was talking prisoners to Kitale. This makes it very difficult. I got touched and wondered why such a thing does not happen in other constituencies. It means that other constituencies are more equal than others. Some constituencies are able to get enough vehicles while others are not. This goes to the Inspector-General of Police. He should ensure that Endebess Constituency gets enough vehicles, so that police officers in the constituency, with a fully-fledged police station and several police posts, do not rely on just one vehicle. Hon. Speaker, in our Committee, one of the key areas where we propose to make budgetary allocation is that of research. I want to thank the Committee because they allowed us to provide Kshs95 million to Kenya Medical Research Institute (KEMRI) for research on miraa . As we are aware, miraa is one of the key cash crops within this country with very little research having been done on it. I hope that with KEMRI having been allocated Kshs95 million, they will be able to do much. We have also allocated them The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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another Kshs50 million to do research on pyrethrum, which is also a key produce within our country.
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(Hon. Speaker left the Chair] [The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) took the Chair]
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I want to thank the Budget and Appropriations Committee for allowing the Committee on Health to make these very important contributions, in line with the recommendations of the Select Committee that was appointed by this House to look into the issue of miraa . I hope that by the next financial year, our scientists will have done enough to enable them give us reasonable data and reasonable scientific evidence that will back our demand that as a cash crop, miraa can be marketed just like any other crop. In this regard, our Ministry that is concerned with negotiations with the World Health Organisation (WHO), should take this matter into consideration. If we lose that key factor of production, it will affect many areas of our production. It will affect many of our youths. It will affect our sales volumes and hurt revenue collection. Hon. Temporary Deputy Speaker, some of the key areas of the economy of this country relate to the 30 per cent public tenders allocation that has been set aside for youth and women. When many of the Ministries appear before the Parliamentary Committees following appropriation of the Budget, they say that they have set aside 30 per cent of their respective tender monies for youth. However, if you look at the items from which the youths are expected to benefit, you find that they are tenders for supply of newspapers and other office items. These are Budget items that have been allocated Kshs5 million or Kshs2 million, which is really not significant. That way, we cannot justify and say that the youths are being engaged positively. The various Ministries need to be able to give youth what they deserve; the 30 per cent equivalent. In one of the Ministries, when you look at the items where they are talking about giving money to the youths, it is training of the youths. Training is not generating enough income for these youths. One of the key issues that we did in this House in the Division of Revenue Bill, we brought an amendment in the House that made the conditional grant to be lumped together with the other amount of money. When this went down to the Senate, the Senate has now requested that we should be able to apportion the money for the Level 5 hospitals. Currently in this country, we have only two national referral hospitals. This is unconstitutional because in as far as regions are concerned, each region is supposed to have at least a national referral hospital. In the Health Act that is coming, we intend to have the Level 5 and Level 6 to be national referral hospitals. If the Level 5 and Level 6 are going to be national referral hospitals, then we need to think forward on how these facilities are going to get money. In the last financial year, the money that was allocated to Level 5 hospitals was not given to those facilities. Those facilities are operating under very difficult circumstances. This is money that needs to be ring-fenced, but where do we get the money? Are we going to get it from the national Government, or are we going to get it again from the county government? With those few remarks, I support the Report.
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The Temporary Deputy Speaker
(Hon. (Ms.) Mbalu)
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:
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Thank you, hon. Rasso The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Col (Rtd) Ali Rasso Dido
Thank you very much, hon. Temporary Deputy Speaker. From the outset, I wish to thank the Chairman and the Committee on Budget and Appropriations. I also want to thank them for having done bottom-up budgeting where they have been able to involve the population. The first item which I want to pick out instantly is the Constituencies Development Fund. I want to share with the Chairman that this is the only money that leaves the National Treasury and leaves trail of how it has been used. It is also the single national resource that our people have been able to see and feel. I, therefore, think that the increase in the allocation of CDF from what it was in 2013/2014 Financial Year, to what has been projected in 2014/2015 Financial Year is very welcome. I think our people are going to benefit from that. This Budget is anchored on pillars. I just want to pick up two pillars. The first one is food security. One of the major problems in Kenya today, and it has been found to be prevalent in 14 counties, is food insecurity or hunger. If the population does not get enough food, then I think it reduces the factor of production. The second one is entrenching devolution. I think this is an area that calls for a wider national debate. Devolution must bring services closer to our people. If it does not bring that, then we may say that devolution is just empty talk. The allocation is trying to show us that we must walk devolution. The question that I keep on asking myself is, if I am able to feel the Kshs100 million or Kshs70 million that goes into my constituency, what about Kshs567 billion that goes into counties? Why is that money not being felt? Whereas we have given money to the Ministry of Devolution and National Planning, resources must be directed, focused and there must be oversight to ensure that resources are used properly. The other area is health. I think in health, we are seeing debate where services have been devolved to the counties, but still some of it is held at the national level. For many of the rural constituencies, the problem we are seeing at the moment is lack of capacity at that level but also lack of infrastructure to go with the devolved service. Therefore, whereas there is allocation of resources, these resources must support the people within those constituencies and counties. Many of the former district hospitals or provincial hospitals are today considered as Level 4, Level 5 or even Level 3. But that must go along with resources. A patient in Marsabit cannot be referred to Meru, whereas the hospital in Marsabit is a Level 4 hospital but it lacks the basic infrastructure to be able to meet the needs of the people. A good example is blood transfusion. When a Level 3 or Level 4 hospital lacks the basic thing like blood transfusion then it means that the hospital cannot save lives. I also think within this Budget, the allocation to National Land Commission and other national institutions is important. What we must guard against is duplicity of functions. The other area is water. I want to tell the Chairman that I come from a water scarce area, which is Marsabit. Among the five dams which were planned and programmed under former President Mwai Kibaki was Badasa Dam. This dam has already consumed about Kshs3 billion and it is not complete. Unfortunately, I notice that in this Budget, Badasa Dam has not been factored but still my people are crying for water. The other area is orphans and vulnerable children. I am happy the Budget and Appropriations Committee allocated additional Kshs120million. This is good and is The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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going to put food on the table for large majority of the very poor and vulnerable people. This money must be made accessible in the easiest way to our people in the rural areas. I think sometimes it is sad for an old lady or an old man to travel over 200 kilometers to collect Kshs2000. We must put in a regime that will make that money available to the people in the easiest way. In the foreign affairs, we see the area of international trade and investment promotion. In our recent committee visit to our embassy in the United Arab Emirates and Qatar, we noticed that the embassies are not empowered; there are not enough resources for them to carry out investment. I think this is an area that we must look at with a very clear lens, so that we define clearly that now it is about economic diplomacy. If diplomats do not have enough resources, how will they be able to undertake that? Finally, hon. Temporary Deputy Speaker, I would like to talk about the area of research, science and technology and innovation which the Committee has allocated Kshs592 million. This is good, but if we have to grow Kenya we have to look at the knowledge economy because everything today is research based. If we do not allocate this sector enough resources I think we will be trying to find new solutions using the old ways and methods. I thank you for giving me this opportunity.
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Priscilla Nyokabi Kanyua
Thank you, hon. Temporary Deputy Speaker. Let me start from the outset by supporting the Report of the Budget and Appropriations Committee. I really appreciate the expanded powers of the House in terms of looking at matters of budget in our country. The Committee has indeed used these powers very well to look at areas that the Executive might have left out and to confirm some of the programmes that the Executive have. I really congratulate the Committee for the long hours they took to come up with this Report and the amount of consultations that have gone into this process. Allow me also to congratulate the Committee and ask that we keep improving the process of budgeting in our country. If you look at the Report that we have availed today--- This is a conversation that the Committee has had and I think it needs action. We must have in our process of budgeting an end of the financial year review. Our work is not just to sit here every year to give funds to different Ministries without ever checking what is going on with the funds. In the Committee, it has been proposed that as early as November/December of every financial year there is a mid-year review of the budget even before we proceed to the next financial year. This is something that needs to be in-built in the process at the time the Public Finance Management Regulations and Rules are going to be looked into. Even the Act should be amended to provide for an end of year financial review where we look at the programmes and what they have delivered. Hon. Temporary Deputy Speaker, I also hope that as we go along we will improve the statistics. We are in a country where nobody can tell you the number of pupils and teachers we have. When we do the Free Primary Education and the Free Secondary Education, the data that we have continued to use is sometimes very old and inaccurate. We continue to fund many programmes in a country where we have almost 50 per cent of citizens living below the poverty line. The idea behind programme-based Budgeting is that people’s lives should incrementally be changed by the programmes that the Government is getting into. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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If I could mention two or three programmes that we funded last year, which is not clear where they were targeted, one would be the sanitary towels. We have spoken before about the matter of the girl-child and the matter of having sanitary towels provided to girls so that they can continue with their education and therefore do not skip school during their periods. If you look at the amount we gave last year and you look at the country, it is not very clear which schools, counties and areas the sanitary pads were disbursed and what is increasingly the capacity of girls to go to school as a result of this intervention. Looking at another programme that we had concerning the leasing of police vehicles, we did put aside a huge budget for leasing of police vehicles. In the same year, we have the highest rate of insecurity. This does not seem to add up. I would urge this House to start adding up what we give in figures and what is happening on the ground. In Nyeri County, we have seen some new vehicles. Whether this has led to increased security, I am not sure. We need to check the distribution of the things that we give in the Budget process and to also check that security improves in our country. We have in this year given huge amount of money to the security programme. This is the route that many African countries have taken to continuously give huge amounts of money to security without getting the security they are funding. I hope that when we do the end of the financial year review, we will ask ourselves whether the amount of money we give to security is being used for security. If you look at the Higher Education Loans Board programme, which many of us are here courtesy of it, this particular fund was expanded to cover the tertiary institutions (TIVET). It is not very clear as to whether sufficient information has gone out to our young people who are in TIVET institutions to apply for their loans. Hon. Temporary Deputy Speaker, as we continue improving our Budget process, looking at whether the country is connecting programmes, Budgets and transformation of Kenyans lives and improved service delivery, these are the questions we will be looking at. I am happy to serve as a member of Jubilee Administration. Our manifesto was very clear on many strategic interventions on food security, security, youth programmes and a lot of these matters have been factored in the Budget. On our flagship project on maternal health, we continue seeing very good figures of mothers who now deliver in hospitals as a result of which we have less maternal mortality. These are measures we hope will continue to be supported and funded in our Budget and we will continue to deliver results. I am glad that the Parliamentary Service Commission (PSC) has sufficient money in this year’s Budget. The Budget for the PSC allows us to expand and go into the question of the library. It is important as the first bicameral legislature of our country, sufficient documentation is put in place on what is going on in the processes that we have in terms of bicameralism. We have an amendment from the Committee on Justice and Legal Affairs, on page 19; the funds we propose to reallocate from Judiciary are not Kshs826 million but rather Kshs1.76 billion. This amount will be reallocated. In the Budget Policy Statement, the Judiciary was allocated 17 billion. In the Estimates we had 18.7, billion meaning there is still a fair amount of scope of what the Judiciary can do with the increased funding. This is a justice chain. Some of the money that will be reallocated from the Bomet and Lodwar courts will go to the office of the Attorney The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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General, Department of Justice for recruitment of additional staff, some of who will be sent to the counties. There will also be funding for computerization of the registries in the Attorney General’s Department therefore availing information at the shortest time possible. There has emerged the question of the cost of courts and especially the cost of the High Court station. We have it pegged at 350 million for the High Court station. The Committee of Justice and Legal Affairs will look at whether the amount is sufficient for the High Court station. If that figure is high, downgrading of the figure will be done by the Committee. Hon. Temporary Deputy Speaker, on the question of youth, we do have some increased funding for the National Youth Service (NYS). Although we accepted the recommendation to return the Kshs2 billion to the National Intelligence Service (NIS), we still need to look for funding in the Supplementary Budget to fund the Foreign Affairs embassies in Kampala, Doha and Dubai. In Doha and Dubai we export some of the technical skills from our country. Where we can get jobs around the globe, those measures will be supported because unemployment is among the biggest problems in Kenya. I hope that in the Supplementary Budget we can have funding allocated to the embassies in Doha and Qatar even though they cannot be funded at this time. Hon. Temporary Deputy Speaker, I hope that this particular House will find it in their favour to find the Kshs3.74 billion that should go to Level 5 hospitals. Health and devolution of health has remained a very thorny subject in our country. We should have spent more time on this issue, but as we speak, I am urging that the House still finds the Kshs.3.74 billion that should go to Level 5 hospitals, the Nyeri Provincial General Hospital included in this category. Lastly, as I finalize and looking at the time that has ran out, is the question of wastage and corruption. In these days of national dialogue, it is going to be important that this House also gets into a dialogue on corruption and wastage. We cannot develop as a country for as long as we pass a budget of Kshs.1.7 trillion, 30 per cent of which goes into corruption. One of these days and led by our Chairperson and the Budget and Appropriations Committee, we have to undertake a discussion on corruption, wastage and on use of the funds in our country efficiently. Thank you for the opportunity and I support the Report of the Committee and do urge that we see good implementation by the Government agencies, parastatals and semi-autonomous Government agencies and that indeed the country does grow in the Financial Year 2014/2015 as is expected by this Budget. Thank you, hon. Temporary Deputy Speaker.
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The Temporary Deputy Speaker
(Hon. (Ms.) Mbalu): Very well, hon. Millie Odhiambo, Member for Mbita.
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Millie Grace Akoth Odhiambo Mabona
Thank you, hon. Temporary Deputy Speaker for giving me this opportunity. I want to thank the Budget and Appropriations Committee, led by hon. Mutava Musyimi for the good work that they have done. I also wish to take this opportunity on behalf of the people of Mbita Constituency in a very special way to thank the Budget and Appropriations Committee for coming to Mbita. I was asked by Mbita people to thank the committee in a very special way. I am very happy with this new Constitution that we came up with and I have heard Members saying that The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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those of us who supported it are regretting and I am one of the few people who are not regretting a bit. I stand by what I said then, that the Constitution is 90 to 95 per cent good and the 5 per cent, left is maybe mainly due to human error. The challenge we have is not of the Constitution but of the people who are implementing it. As a country we made certain killer assumptions and one of which we presumed that once people got in, they would immediately understand the Constitution and implement it as the framers thought about it. I note that it is taking people a while to understand but one of the beautiful things about this Constitution is the aspect of the power and authority that we gave to Parliament in the budget-making process and the power that we gave to the public in terms of public participation. I want to thank the Budget and Appropriations Committee for including the aspect of public participation into the budget. I want to support that initiative especially given the issues that the people of Mbita articulated. I want to support the inclusion or addition of Constituencies Development Fund (CDF), especially on issues of infrastructure development for primary and secondary education. I come from a constituency that I would call half rural half modern. Therefore, in my constituency I have one of the schools that was among the best performing primary schools in the country, it was the third and it is actually a school of international standards, the Mbita Point International School. I also have some of the worst performing schools in this country and therefore addition of CDF funds would enable me to improve the standards of those schools. One of my copulas in Mbita Constituency and first pillar is the development or improvement of education, and I am happy indeed for that. I hope that this House will actually pass the recommendations by the Budget and Appropriations Committee to give life to some of the recommendations that we got from the public. On the third pillar on Transport Logistics, Energy and Water for inclusive growth, the people of Mbita asked the Budget and Appropriations Committee to consider the Mbita Causeway, and the completion of Homa Bay-Mbita Road up to Maguga. They also asked them to include a public ferry to complement the private service so as to reach other islands. They also requested for a patrol boat since we neighbour Uganda and Tanzania and this falls within the realm of the national Government because this are international waters. I know that the Budget and Appropriations Committee cannot allocate all that to Mbita because of limited resources but to give life to Article 221 of the Constitution and the purpose of this public participation, I trust that the Budget and Appropriations Committee shall at least pick some of the issues that the Mbita people spoke about. I was happy when hon. Amina was speaking, she said before the Government considers new projects, we need to complete the ones that had already started or commenced. One of the two projects that I have mentioned, that is the Mbita Causeway, is project that has already commenced; it has been done half-way and has since stalled. I am sure the Chair of the Committee knows, because he attended personally. I want to repeat because he was consulting when I was saying that the people of Mbita asked me to come and say thank you to him personally and his committee. He actually got into a boat with me and visited my terrain, so he understands a little when I raise issues. They were surprised because our mode of transport is land and water. For instance one of the Members was talking about issues of security and motor The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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vehicles for security. When you talk about motor vehicles for security, my main concern is not on the land but in the water and the police have no means of getting into the water. To date the people of Mbita pay taxes to Uganda. I am not saying this as an alarmist thing but it is the reality and indeed the OCP said to the Committee that because we do not have the resources, it is Uganda that provides protection; therefore our fishermen pay taxes to Uganda. I am very happy that the Committee actually visited and saw for themselves. I am very happy also with the recommendations on the need for urgent review of the Public Procurement and Disposal Act of 2005 to deal with the procurement challenges. Just as the hon. Member has indicated, you discover actually that there is a lot of the work especially, for those of us who are manning CDF. You will find that bottlenecks are put around the issue of procurement. Whether it is real or imagined, I do not know but, if it is an issue of the` Act, then we need to review it so that we are able to effect the development agenda that we have. One of the hon. Members in speaking has raised concerns about it and I would also want to add my voice that we need to do a cost-benefit analysis, but other than that, I am just wondering account the practicality of the national Government being in control of a leasing process, where it is devolved units that are in charge. If it were up to me, I would rather that no money was put into it until the cost-benefit analysis is done. I also want to thank the Committee for preemptively awarding Kshs.80 million to the Witness Protection Agency. The only thing which is not very clear is in relation to victims of crime, because it is written as an allocation or addition to the Witness Protection Agency. I hope it is clear that as the Chairman of the Justice and Legal Affairs Committee indicated, that it will be for victims of crime. I had hoped that we would have put more allocation to the bodies that deal with anti-corruption. The level of corruption in this country is sickening. You want to do your work but when you see the people who want bribes; everybody wants to be bribed, from the sweeper to the top management. They all want a certain percentage. I wanted to do something which is out of place; that is to bring a Motion to legalize corruption, so that those of us who want to do our things in a straight forward manner are not harassed. We can put in the budget even if it is 10 or 20 per cent, and state this will go to so and so. If we are not able to do that then we must put money into seriously eradicating corruption in this country. Due to lack of time, I am happy with the increase to the National Gender and Equality Commission and the Kenya National Commission on Human Rights, but I wish that you had added a little more allocation to the National Cohesion and Integration Commission. I get shocked when people are opposed to national dialogue and we are saying we do it here in Parliament, yet problems are not being solved. In fact, for me national dialogue should not even involve leaders, it should involve Auma, Atieno, Wanjiru but nobody knows. This is because in this country the level of ethnic hatred is toxic. It is not something that we should politicize or joke about, it is something that we need to deal with seriously, otherwise this country will go to the dogs.
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The Temporary Deputy Speaker
(Hon. (Ms.) Mbalu): Your time is over. Very well done, hon. Millie Odhiambo. Hon. Member for Kipipiri. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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Samuel Kamunye Gichigi
Thank you, hon. Temporary Deputy Speaker for giving me this opportunity. I also wish to echo the remarks of the previous speakers that the Budget and Appropriations Committee this time round has done a good job. I wish to explain to the Member who had indicated that last year we performed dismally that we really had no time to look into this. Hon. Temporary Deputy Speaker, I will indeed be requesting that we think about how we can change the timeframe for various structures in this process of the budgeting especially when it comes to the public hearings. I think it is important that we begin a bit early and comments and requests of the public be forwarded to the various Ministries to input before they prepare the Budget. This is so that we do not incorporate the public hearings at the tail end of the process but at the beginning of the process. Hon. Temporary Deputy Speaker, I am happy that this Budget has taken care of key areas in terms of funding like security, as others have indicated. It is very important that this time round we take care of our security. Education has been taken care as well. I know that we have not provided sufficient funding to education but within the constraints of the money that was available I think a good job has been done and probably as we move on to the next financial year, we are going to add even more funds. The youth have also been taken care of especially through the National Youth Service (NYS) and we are hoping that the Ministry that has been given serious funding through NYS is going to benefit our youth and we are going to see serious changes in terms of employment of the youth. Hon. Temporary Deputy Speaker, indeed, the Budget and Appropriations Committee adopted a proposal by the Departmental Committee on Labour and Social Welfare that an employment promotion centre be established. This is so that we can place them in employment not only within the country but also outside the country. I am also happy that the water issues are being addressed. The social safety nets have seen very dramatic increments. In the course of this year, only about 59,000 elderly people are benefitting from the cash transfers. This is going to be raised to Kshs210,000 in the next financial year from June and I believe our wazees are going to be helped by that. Having said that, there are some areas, in my opinion, that did not receive sufficient funding like agriculture which is the backbone of this country. I think we need to relook at this issue. I know that we have devolved most of these sectors but I have not seen that, especially where I come from in Kipipiri anything really significant coming from the county government. Hon. Temporary Deputy Speaker, another area that needs to be looked into is the productivity process. We have not taken care of the office that is supposed to create the process of measuring the productivity levels of various workers in this country, both in the private and public sector. I know that we have serious challenges in this country. Looking at the Budget, the Government is hoping to raise about Kshs1 trillion from revenue collection by the Kenya Revenue Authority (KRA) and other areas. We have a Budget of over Kshs1.7 trillion. We are hoping to raise Kshs1 trillion. To be honest and even after listening to our parliamentary Budget Office, we are not likely to reach that Kshs1 trillion, which means that we are likely to have about a Kshs800 billion gap. That is between what we are The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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raising locally and what we might have to borrow from either the domestic or the foreign borrowing. Hon. Temporary Deputy Speaker, I tend to think that we need to refocus on our revenue generation and collection measures. We are, in my opinion, not doing enough. About 80 per cent of our people are in the informal sector. We hardly collect much money from that. We have targeted the formal sector to the extent of really almost overtaxing them. That is an area that the Treasury and KRA need to look into. Hon. Temporary Deputy Speaker, the other area is that Kenyans do not voluntarily comply with tax laws. We have to be pushed by the taxman to pay and that makes it very expensive for KRA to collect revenue. I am urging His Excellency the President and his deputy to become champions in terms of voluntary payment of our taxation. We know what the former President Hon. Kibaki was doing. He hardly missed to ask the people to pay tax. He used to say: “ Tulipe ushuru na tujitegemee” whenever he had functions but this has sort of dwindled and died down during this Jubilee regime. I ask the President to come up and be the person urging Kenyans to pay tax. They will respect you and probably improve on that. Hon. Temporary Deputy Speaker, the other challenge when it comes to revenue collection is because of the multinationals that we have in the country. They have been using this issue of transfer pricing to steal our money and I have no hesitation is saying that most multinationals in this country steal our money. They have three tiers of companies. One is an associated company that is selling inputs to them in the country and another is buying their products. So, they will sell their input by overstating prices. Say an item that is supposed to cost Kshs1,000 will be sold at Kshs100,000. So, when it comes to selling a product that is fetching Kshs100,000 out there they will sell to their sister company and they will come and say that the company has incurred losses. I would want to urge the Departmental Committee on Finance, Planning and Trade to delve into this and investigate how much money we are losing. I noted a recent report in the Business Daily to be specific, where we were told that we are losing trillions of shillings through this illegal practice of transfer pricing. It is unfortunate that KRA and the Treasury are paying lip service to this issue. They have not created the necessary infrastructure of legal and even human resource to deal with this issue. I urge the Chairman of the Departmental Committee on Finance, Planning and Trade to focus on this issue. Hon. Temporary Deputy Speaker, the other issue is wastage of public resources. We have heard the former Permanent Secretary (PS) of Treasury saying that we were wasting about Kshs300 million then. We have heard the President himself say that ghost workers count over Kshs1.5 billion in terms of salaries. I think it is important that the Treasury, other Government agencies and Ministries deal with this issue. Hon. Temporary Deputy Speaker, finally, I urge this country to look into this issue of saving because we do not have a good saving culture. Even as we speak here, a little increase in terms of money that is supposed to be saved is attracting a lot of opposition. I think this is an area that we need to address and as I conclude, let us pass this Report and try to do it during the next financial year. With those remarks, I support. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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The Temporary Deputy Speaker
(Hon. (Ms.) Mbalu): Yes, hon. Washington Midiwo.
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Washington Jakoyo Midiwo
Thank you, hon. Temporary Deputy Speaker. Are you in love with my name, “Washington”?
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Hon. Member
On a point of order, hon. Temporary Deputy Speaker. It is unfair---
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Washington Jakoyo Midiwo
I rise to support this Budget proposal and urge the hon. Member who is saying that it is very unfair to chill and wait for his turn. He may get a chance after the dialogue, but right now I am the one. Hon. Temporary Deputy Speaker, let me first of all thank the Chairman of the Budget and Appropriations Committee and his team for a job well done. It is tedious and usually when we go for recess people say that hon. Members of Parliament are doing nothing. I want to re-assure Kenyans that under the new order the Budgeting process falls squarely in the ambit of the National Assembly. Therefore, we have been working and we must pat ourselves on the back. Having said that, there are issues that we want to plead with the Executive to help us reorganize - security issues, now that Parliament is allocating colossal sums of money. It may not be enough but the Executive must agree to take politics away from the security arms of our Government. Hon. Temporary Deputy Speaker, I happen to sit in the Departmental Committee on Defence and Foreign Relations. I have seen the tussle between the Ministry of Defence and the Department of National Intelligence Service (NIS) and I do not think it is healthy. We want our security forces to work together because we have security challenges. Because of insecurity, we are going to lose so much revenue. It is not known up to date how many hotels have closed down in the Coast because of insecurity. We must take the issue of security seriously. This House has a duty to take the issue of insecurity seriously. I want to thank the Committee for saying that we need money for intelligence. We want to plead with NIS to do its work so that we are not surprised by petty criminals. If you give the NIS Kshs17 billion, we need not see some useless persons hauling a hand grenade at a matatu carrying Kenyans. They must do their job and they must stop using this money politically. We want the money to do the work that this House intends it to do. Hon. Temporary Deputy Speaker, we want security forces to stop lamenting about lack of money. I want to thank the Committee for giving colossal amount of money to Kenya Defence Forces (KDF) because they are working for us in Somalia. When you sit in committees, complaints about money not being enough is a normal song. We need money to build our roads, construct hospitals and do many other things. The Executive must do something about corruption. The President must lead this country to eradicate rampant runaway corruption. I want to say that I would not want to go the hon. Millie Odhiambo-Mabona’s way of wanting to legalize corruption. Corruption is a cancer and the Government must do something about it. The President must lead from the front. We cannot wake up one day and pay a street man or boy Kshs1.4 billion in the name of paying a shadow deal like Anglo-Leasing. We shall not accept that! That is our money; Kenyan people’s money! We cannot accept that kind of thing. The Treasury Secretary must take responsibility for what he has done. I have said The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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publicly and I am saying it on record now, that no matter what happens, the Treasury Secretary and the Attorney-General, under the new Constitution, will have to answer. By that one action, all the cowboy contractors can now legally claim payment of work not done for the Kenyan people. What was the reason of saying that embassies will be auctioned? Our embassies and property abroad are covered by the Vienna Convention and nobody can auction them. But because of this excessive appetite for money our people have, there is so much pressure on civil servants to pay money for work not done. This House must rise and stop it. Hon. Temporary Deputy Speaker, look at this so-called security contract of Safaricom that is pegged on the public shareholding of Safaricom of US$15 billion, nobody has explained to Kenyans about it. What did the Kshs4 billion allocated to the Ministry in charge of Nairobi Metropolitan do and where are the cameras on the streets? You cannot say that the President picked his phone and called Safaricom. Presidents do not do procurement and our President must give us a break. He cannot pick a phone and do procurement and single source. That is theft! Safaricom is largely owned by foreigners. Why would we want to sell our security to foreigners? Safaricom does not sell cameras; even now on the streets, they do not sell simple cameras. If you divide 1800 cameras against Kshs15 billion, you will find an amount that no camera can cost. Our people are suffering. People are dying in Baringo and how is it that we can just wake up and say casually that we can spend that kind of money in a shadow deal? The President owes this country an explanation and he will explain it one day. Somebody must tell Kenyans we want to be together as a country and that is why we are saying that the leadership of this country must sit down and talk. If the Executive cannot see the answers in the new Constitution for Kenyans, let us sit down and we will show them because we are not foreigners. We are part of this country and we do not want to share Government. We want our ideas to be used to lead the Government so that Kenyans can stop suffering the kind of suffering they are going through. Hon. Temporary Deputy Speaker, it cannot be that politicians are getting richer and richer while ordinary Kenyans are getting poorer and poorer. People who are elected are the ones who are paying for it and we cannot allow that. Time comes when something must be stopped. Hon. Temporary Deputy Speaker, corruption is a cancer and a vice that we, as Parliament must all say: “Please, corruption go where you came from and we will all be fine.” I support hon. Mutava Musyimi and his team.
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Patrick Keturet Ole Ntutu
Thank you, hon. Temporary Deputy Speaker, for giving me this opportunity. I want to join my colleagues in thanking the Budget and Appropriations Committee for the wonderful job they have done in this Budget. I am a Member of the Committee and we have done the best that we can. I must thank our Chairman for working extremely hard to make sure that we table this Report on time. When you look at this Budget, our Recurrent Expenditure is Kshs654.1 billion and the Development Expenditure is Kshs476.4 billion. This is worrying and I would wish that our colleagues would engage us in dialogue on this part because this is where we have a problem. We are using so much money to pay salaries to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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our civil servants. When you look at the money that has gone to the counties, our counties and our governors should be telling us where they have used this money. The money that we gave them last year and what we are giving them now is a lot and that should make a difference in the lives of Kenyans. I want to request the Chairmen of the various Departmental Committees to do their work. Our Constitution has provided us with a space to make a difference in this country. I must thank those Departmental Committees that have presented their reports. We have adopted most of their reports. The one that had done a very good job is the Committee on Finance, Planning and Trade. They have done a superb job because they really interrogated the Ministries that they oversee. I want to request other Departmental Committees to make sure that when they meet their Cabinet Secretaries and Principal Secretaries, they must do a good job. This country is waiting for them to make a difference. There is one thing that I really like about this year’s Budget. Last year, we had not done a good job because we were rushing. However, this year, public views have been taken into consideration. When we visited the nine centres and I visited the Narok County where I come from, the people of Narok told the Budget and Appropriations Committee that they needed a tarmac road from Narok to the Maasai Mara Sekenani. I am a happy person today as a Member from that county because through that public hearing, the county has got Kshs1 billion. This is not just because of the county, but because that road is so important to our country. Right now, tourists are not visiting the Coast Province, but they are visiting the Maasai Mara yet the road is impassable. Because of these public hearings, we have provided funds for this road. This is a road that will make a difference not only in the Narok County, but in the whole country. I want to sincerely thank the Chairman of the Committee on Finance, Planning and Trade for saving some money somewhere and saw to it that they have allocated some money for this road. We have allocated Ksh1.2 billion for the construction of the Ronald Ngala Utalii College. This is also a key sector in our tourism industry. We are going around. If you look at our dams, Chemosit Dam has been allocated Kshs400 million; Kiserian Dam - Kshs300 and Umaa Dam - Kshs300 million. This will go a long way in making a difference in the lives of Kenyans. We are talking about corruption in this country. We have also allocated Kshs300 million for the Auditor-General’s Office, so that he can do his work and tell us which Ministries and counties are misusing their funds. This was key. We followed through this Budget and if everybody does their job, particularly the Ministries, we will make a difference in this country. We have also allocated a lot of money to security. I remember telling the Cabinet Secretary and the Inspector General that this time round, we have allocated enough money to security and we should not have any excuse of insecurity in our country. If they do not secure us, we will fire them by September. The money will be available and we expect them to do their work. As a country, we must make sure that these people do their job. Poaching has become a menace in this country. We have also allocated enough money to the Kenya Wildlife Service, so that they can tell us who is killing our animals. I was passionate about this year’s Budget because I took time to understand how we can make a difference to the lives of our people. We have looked at non-performing sectors The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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and that is how we will save money. You realize that we have added more to the CDF kitty. We all know that the CDF is the only money that is seen on the ground. We have about Kshs33 billion on top of what we have been having. The same thing applies to our sisters, the County Women Representatives. We have allocated Kshs2 billion for them to also go to the ground and make a difference. Some of them are saying that their male counterparts do not want to see them with money. I want to inform them that even the CDF started with little money, but it went up. We are going to add more money into their kitty, but we want to see them making a difference in the lives of Kenyans. We should join hands and make a difference in our constituencies. With those few remarks, because time is over, let us all work together. We have said that we will be having a review of Ministries in mid September or October and if we see a Ministry that is not performing, we have already indicated to them that if they will not perform, come next year, we are not going to allocate funds to them. We are going to allocate money where it is needed. If all of us work towards that, this country will be a better place than we found it. I also urge my colleagues from the ODM, particularly those who are calling for dialogue, dialogue is not bad, but what is bad is the propaganda. If we can dialogue to understand the burning issues that are affecting this country, we will go a long way in making this country peaceful. When tourists are not visiting our country, it is hurting our economy. Let us join hands in building this country because all of us do not have any other Kenya other than the one we live in.
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The Temporary Deputy Speaker
(Hon. (Ms.) Mbalu): Thank you, Members. I must appreciate the sober contribution to the Budget and Appropriations Committee Report on the Estimates of Revenue and Expenditure for 2014/2015 Financial Year. We will continue in the next sitting.
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ADJOURNMENT
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It is now time to interrupt the business of the House. The House stands adjourned until Tuesday, 10th June, 2014, at 2.30 p.m. The House rose at 6.30 p.m. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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