I direct that the Quorum Bell be rung for 10 minutes.
You can stop the Quorum Bell. Let us go to the first Order, which will be executed by the Deputy Leader of the Majority.
Hon. Deputy Speaker, I beg to lay the following Papers on the Table. Reports of the Auditor General and Financial Statements for the year ended 30th June, 2023 and the certificates therein in respect of: (a) Railway Development Levy Fund holding account State Department for transport. (b) The GCF project preparation facility (Devolved climate change governance to strengthen resilience of communities in target counties); Project No.KN- PPF-010-National Environmental Management Authority. (c) Kenya water security and climate resilience project grant No.TFOA-0761A and credit No.52685674KE – State Department for Water and Sanitation. (d) Kenya rural transformation centres digital platform project, the Co-operative University of Kenya. · (e) Kenya slum upgrading (Low-cost Housing and Infrastructure Trust Fund) – State Department for Housing and Urban Development) (f) (f)National Quality Control Laboratory. I beg to lay.
Next Order.
Hon. Deputy Speaker, could the National Land Commission – (a) Explain the reasons for delayed payment of compensation to residents whose land was compulsorily acquired for the construction of Kibwezi-Kitui Road and parking for lorries in Kibwezi Town in 2017? (b) State when owners of the compulsorily acquired parcels of land and plots will be compensated and whether the National Land Commission has any plans to review the compensation upwards given that payment has been delayed since 2017?
Thank you.
Hon. Haro.
Hon. Deputy Speaker, could the Teachers Service Commission – (a) Explain the circumstances that led to the delay in workmanship compensation of Mr. Mohamed Sheikh Ibrahim of ID No.9566896 and TSC No.274712 since he was involved in a road accident on 27th December 1994 while on official duty? (b) state the actions taken to support his recovery considering that he suffered extensive brain damage which adversely affected both his eyes and memory?
Thank you.
The Question by Hon. Mwengi Mutuse will be replied to before the Departmental Committee on Lands and the one by Hon. Abdul Haro will be responded to by the Teachers Service Commission. The respective Chairpersons of the Departmental Committees can confirm how long it will take them to have the Questions replied to.
Hon. Deputy Speaker, we will respond after two weeks.
Thank you.
Next Order.
THE KENYA SIGN LANGUAGE BILL (National Assembly Bill No.1 of 2024)
THE WHISTLEBLOWER PROTECTION BILL (National Assembly Bill No.56 of 2023)
Next Order.
(Hon. (Dr) Rachael Nyamai): Hon. Members, take your seats. We are in the Committee of the whole House to consider the Land (Amendment) Bill (National Assembly Bill No.40 of 2022); the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022), and the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022). We will start with the Land (Amendment) Bill (National Assembly Bill No.40 of 2022). I would like to find out whether Hon. King’ara is in the House. If he is here, approach the Table, please.
THE LAND (AMENDMENT) BILL (National Assembly Bill No.40 of 2022)
(Hon. (Dr) Rachael Nyamai):
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(Hon. (Dr) Rachael Nyamai): I call upon the Deputy Leader of the Majority Party to report, on behalf of the Member who is absent.
Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) and its approval thereof without amendment.
On a point of order, Hon. Temporary Chairlady.
(Hon. (Dr) Rachael Nyamai): What is your point of order?
Allow me to say something on this Bill. It is unfortunate that the sponsor of the Bill is absent. If a Member is absent in future, we should remove that particular legislative proposal out of the Order Paper. If he is not committed enough to be in the House, then there is no point of passing it. I request that you table this matter before the House Business Committee (HBC), so that we can have a proper direction from the substantive Speaker, so that it does not happen again.
There were Bills which were read a Second Time and a First Time but the sponsors were not here, except Hon. Emaase who sponsored the Cotton Industry Development Bill. The sponsor of the Kenya Sign Language Bill was not present in the House. This is something we must do, in order to instil a spirit of excellence in the House.
Thank you.
(Hon. (Dr) Rachael Nyamai): Hon. (Dr) Nyikal, Member for Seme.
Thank you, Hon. Temporary Chairlady. I seek your guidance on exactly the same matter that has been raised on the Member. If this is a private Member’s Bill and the Deputy Leader of the Majority Party is the one who has moved reporting of what has been considered in the Committee of the whole House, is that in order? If it was a government Bill or one sponsored by the Leader of the Majority Party, then practically that would be right. Are we in order to proceed as you have done?
Thank you.
(Hon. (Dr) Rachael Nyamai): Hon. Members, it is important to note that this is a very important Bill. It concerns registration of public land, which is a big issue. Even the Departmental Committee on Land has been involved. Hon. (Dr) Nyikal has asked whether it is in order for us to proceed. It is in order for us to do so. The Deputy Leader of the Majority Party will proceed to move reporting on behalf of Hon. King’ara because this Bill is already a property of this House.
Before we continue, I would like to request the Deputy Leader of the Majority Party to comment on what the Hon. Deputy Speaker has said. I will also request you to, again, report what was considered in the Committee of the whole House. There was a slight error. You can start with the matter raised by the Hon. Deputy Speaker and then we will give you another chance to move reporting again. You may proceed.
I can see a lot of interest in this matter. I do not want to gag Members. Let us see those who have interest and give them opportunity to contribute. Hon. Rahim Dawood is here. You do not have your chance because you are already at the Table.
Hon. Charles Ngusya.
Thank you, Hon. Temporary Chairlady. I want to echo the sentiments that were made by the Hon. Deputy Speaker and by the Member 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
for Seme. We do not have proper explanation on what we are passing. I wish we could defer the passage of this Bill so that the Member who presented the amendments can explain to the House why we need them.
I seek your guidance on this matter, Hon. Deputy Chairlady.
(Hon. (Dr) Rachael Nyamai): Hon. Moses Injendi, Member for Malava.
Hon. Temporary Chairlady, I am following up on Hon. Boss’ comment. As per the Speaker’s ruling sometime back, when a Member is not available, he normally writes a letter indicating the person who will stand in for him. Before we reach that decision, it is important to know whether the Clerk’s Office communicated to the Member about this Bill. When he was informed, did he authorise or permit the Hon. Deputy Leader of the Majority Party to report in his absence?
Thank you, Hon. Temporary Chairlady.
(Hon. (Dr) Rachael Nyamai): Hon. Tindi Mwale, Member for Butere.
Thank you, Hon. Temporary Chairlady. I also want to comment on this weighty issue, which has been presented by the Hon. Deputy Speaker. Just as you have alluded to some seconds ago, this Bill is no longer a personal or private Member’s Bill. The moment a Bill is presented to the House, it becomes a property of the House. Considering the weighty issues that this Bill will address in this country, we should consider it for approval even if the Member who sponsored it is absent.
The issue of the Deputy Leader of the Majority Party being the one to report on behalf of the Member is a weighty matter. He presents Bills that are sponsored by the Government and not those sponsored by private Members. We need to clarify, if that is the case. If it is not, then we can give the Floor to another Member to present on behalf of the private Member.
Thank you very much.
(Hon. (Dr) Rachael Nyamai): The Deputy Leader of the Majority Party, I had given Hon. Rahim Dawood, Member for North Imenti, opportunity to contribute. Please, proceed.
Thank you, Hon. Temporary Chairlady. I am cognisant of what the Deputy Speaker has said but we have been waiting for the Bills we are considering today to be slated by the House Business Committee. Maybe the Member was not aware it would be put in the Order Paper today. We were expecting it even last week and the week before. Maybe the Member is not around or he is out of the country and could not be here. I believe that the Deputy Leader of the Majority Party is best placed to move reporting on the Bill. If we do not do so, Members will have a big issue with private Members’ Bills because we are never informed when they will be coming to the House. Thank you.
(Hon. (Dr) Rachael Nyamai): Hon. Members, thank you very much for your comments. Thank you, Hon. Deputy Speaker, for the matter you have raised. Hon. Members, I would like to inform you that Hon. King’ara was duly informed that this Bill would be on the Floor of the House this morning. We had also sighted him within the vicinity of Parliament.
I can see him walking in. You may need to consult with the Deputy Leader of the Majority Party before we proceed. 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
Hon. Members, this matter has already gone beyond Hon. King’ara. We are already in the Committee of the whole House and we have already handled the amendments as raised. I order that we continue and give opportunity to the Deputy Leader of the Majority Party
Thank you very much, Hon. Temporary Chairlady. It is imperative that Members who have business slated for transaction come to the House, especially on Wednesday mornings, which we know are for private Members’ matters. Members should come to the House to avoid situations where we must step in to do things for them. Sometimes I do not have to be here for Wednesday morning sessions. The Whip does not need to be here too. On Members’ personal matters, Members have to lobby other Members to come to the Chamber and cast their votes. They make life difficult for us when they put us in situations where we have to move around and lobby Members, on their behalf, even when they have not talked to us about their private business. I would like to request every Member who has Motion, Bill or something else that is coming to the House to ensure that they come and mobilise Members for support. Today, I had to go to the tea area and all other areas to look for Members to raise quorum to save Members’ Bills. It is not the responsibility of the leadership to mobilise support for you. Mobilise Members to come and support your Bills. Three Bills have been read here for the First Time. All the Members who sponsored them are not here. Hon. Kasalu is not here. Hon. Umulkher is not here yet they knew that their Bills would be coming up for First Readings. The Office of the Clerk is very good. It sends short messages to everybody to tell them about matters that are coming up for consideration by the House. We, as honourable Members, need to live to the tag and be in the House so that we can conduct business and have robust debates. Motions which are important to the nation should be given due response by other Members. Otherwise, it is very discouraging to have situations like this one. I am happy that Hon. King’ara, a very responsible Member, has finally come. I served with him in the Departmental Committee on Lands. He has a lot of interest in land matters. The history of the Bill is that in the Second stage, it suffered the unfortunate situation of being shot down when Members confused it with another Bill. On that basis, I request that we allow him to move reporting and complete the process of this very important Bill. It is a Bill I understand. I know it very well. I saw its genesis. Hon. King’ara is an honourable gentleman. Give him space to move his Bill for reporting. Thank you very much.
(Hon. (Dr) Rachael Nyamai): Thank you very much, Deputy Leader of the Majority Party, and Hon. Deputy Speaker. Hon. Members, I would like to report that Hon. King’ara is already in the House. Hon. King’ara, we have concluded consideration of your Bill and I am giving you an opportunity to move reporting.
Thank you very much, Hon. Temporary Chairlady. May I start by apologising for not being here. I was here in the morning. A security issue cropped up in Ruiru, where the County Commissioner was involved, and I had to rush there as that is my area of jurisdiction. We were almost losing a life and we had to settle the matter. I am very sorry for that. God has made it possible for me to come back and continue with the business I have been employed by the people of Ruiru to undertake. I beg to move that the Committee do report to the House its consideration of the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) and its approval thereof without amendments. Thank you.
(Hon. (Dr) Rachael Nyamai): Thank you, Hon. King’ara.
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Hon. Members, we have concluded that Bill. We now move to the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022). Hon. Abdul Rahim Dawood is in the House. Before that, I would like to acknowledge some guests. Seated in the Public Gallery this morning are students of Gitaru BrightRawa School from Kabete Constituency, Kiambu County; Mwangaza Secondary School from Maragwa Constituency, Murang’a County; Kanabiti Secondary School from Maragwa Constituency, Murang’a County; and Leshau Secondary School from Maragwa Constituency, Murang’a County. You are all welcome to observe the proceedings of the National Assembly. We will now proceed to the Bill.
THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO. 2) BILL (National Assembly Bill No.45 of 2022)
(Hon. (Dr) Rachael Nyamai): Clause 3 has an amendment by the Chairman of the Departmental Committee on Health. I can see the Vice-Chairman in the House. You may proceed, Hon. Munene.
Thank you, Hon. Temporary Chairlady. I beg to move: THAT, Clause 3 of the Bill be amended— (a) in the proposed new paragraph (ba) by deleting the words “persons with”; (b) in the proposed new paragraph (bb) by deleting the word “treatment” and substituting therefor the words “the management”; and (c) by inserting the following new paragraph immediately after the proposed new paragraph (bb)— (bc) to secure and regulate the use of e-health in cancer management and the provision of cancer diagnosis, treatment and rehabilitation services and other medical care related to cancer.
Thank you.
(Hon. (Dr) Rachael Nyamai): The Hon. Deputy Speaker.
Thank you, Hon. Temporary Chairlady. I just thought I would use this opportunity to prompt the House that as we discuss amending the Cancer Prevention and Control Bill, we must remind ourselves that despite the fact that I brought a petition before this House in 2019 that could help us further prevent cancer by ensuring the removal of 262 pesticide products confirmed by world scientists and the persons who developed cancer as a result of those pesticides, they are still sold in this country. The persons in the United States of America and Europe got an order from the United States Superior Courts in California where the farmers were paid up to US$250 million for developing cancer as a result of the use of these pesticides. I want to request the Member who has brought this amendment to remember that if we are truly committed to cancer prevention, then we, first, need to stop the use of products that are known to cause cancer. This has been brought before the Pest Control Products Board 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
severally, but they have been incorrigible and have continued to be in bed with the agro chemical companies. They recently appeared before the Departmental Committee on Health. Hon. Ntwiga, you were a Member of the Departmental Committee on Health when I appeared before it and instead of ordering those products to be removed from the Kenyan market, the Committee was irresponsible enough to leave it to the vultures, the Pest Control Products Board. Since 2019, they have only removed seven products and the rest continue to remain in the market. Roundup gave people cancer and was removed from the markets abroad, but here in Kenya, they are resold under a different name. All those products are in our market and it is known to the authorities and the Departmental Committee on Health. It is counterproductive to amend that Bill. The real amendment should be dealing with this issue of pesticides. One of the things we should be asking in the House is; why is the Departmental Committee on Health not acting? The first Departmental Committee on Health in the 12th Parliament did not act, and the current one of the 13th Parliament has also not acted. The Pest Control Products Board and the Ministry of Agriculture and Livestock Development have not acted yet these are known facts. Those products are manufactured in Europe and America, but they are not allowed to be used. They are allowed to manufacture them for export to countries like Kenya which are foolish enough to allow the product into their country to continue killing their people. Thank you, Hon. Temporary Chairlady.
(Hon. (Dr) Rachael Nyamai): Hon. (Dr) Nyikal, make your comments short.
Mine will be short.
(Hon. (Dr) Rachael Nyamai): I will give you a chance because your Committee has been mentioned.
I agree with the Deputy Speaker, but that belongs to the Third Reading. I am just rising to support the amendments. In the Third Reading, I will support her further. I do support these amendments because I have proposed similar amendments before. First, the words ‘persons with’ was superfluous. It just needed to end with the words ‘management and treatment’. The words ‘persons with” was not necessary. The word ‘treatment’ should be replaced with ‘management’. This makes sense because treatment is narrow. It is just the application of medicine while management is more comprehensive indicating nutrition and psychological care. I support that. I support the third amendment on e-health. However, we have noticed something that as much as we are very keen on digitisation, some programmes are arising. Hon. Temporary Chairlady, I support the amendments.
(Hon. (Dr) Rachael Nyamai): Vice-Chairperson.
Thank you, Hon. Temporary Chairlady. I stand on behalf of the Departmental Committee on Health to say two things: One, I have had a long discussion with the Deputy Speaker on the issue of pesticides in this country and its regulations. It is an issue that I have severally conversed with her. It is true I sat in the Departmental Committee on Health in the last Parliament. She brought that matter to Parliament which referred it to the Committee. I want to state that the Committee did not behave irresponsibly because it forwarded the matter to the responsible organ, the Pest Control Products Board (PCPB). We had a discussion with the Deputy Speaker and noted that we have a problem at the Pest Control Products Board. As she has put it, they are in bed with these companies. In this country, you will go to a company that is planting vegetables like onions and you find that there are two categories of vegetables; first that is meant for Kenyans and the second one meant for export. There are chemicals that they cannot use for vegetables meant for export. They use good chemicals on the vegetables meant for export, but for those consumed locally, they use pesticides that have been banned abroad. 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
(Hon. (Dr) Rachael Nyamai): Thank you. Vice-Chairman, I order that the matter concerning the Petition be handled differently so that we can focus on this Bill. As the Deputy Speaker was supporting the amendment, she raised a very important matter that you can pick up at another time.
I concur with her. Whatever she has mentioned is true, and she has talked to me about it severally.
(Hon. (Dr) Rachael Nyamai): Thank you. Hon. Gikaria will be the last one on this.
Thank you, Hon. Temporary Chairlady. I want to support the Deputy Speaker. I also want to reiterate the fact that the Committee on Implementation should quickly act on this. Once Parliament has spoken and stated the required time to be taken, the Committee should take up the matter and make a follow-up. If a decision has already been made, but the Ministry is lagging, the Committee on Implementation should act. As the Deputy Speaker said, we must stop this madness where people manufacture products that cause cancer and send them to us. They do not use these products in their country, but they bring them here. We are at the same time forced to buy medicine from them. As much as we support this Amendment Bill, we should consider what the Deputy Speaker has said with a lot of seriousness.
(Hon. (Dr) Rachael Nyamai): Thank you. You have made your point.
(Hon. (Dr) Rachael Nyamai): Clause 4 has an amendment by the Vice-Chairperson.
Hon. Temporary Chairlady. I beg to move: THAT, Clause 4 of the Bill be amended by deleting the proposed new subsection (3) and substituting therefor the following new subsection (3)— “(3) The Institute shall collaborate with the national government, universities, colleges and the private sector to promote the training of oncology professionals”.
The institute being referred to here is the Cancer Institute of Kenya. I move.
(Hon. (Dr) Rachael Nyamai): Thank you. I do not see any interest in this. Hon. (Dr) Nyikal, do you have an interest in this?
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Always. Thank you, Hon. Temporary Chairlady. I rise to support this. Cancer is an important issue and without collaborative effort, you cannot deal with it. Therefore, this amendment brings on board universities, colleges, private sector and training institutions, particularly the training of oncologists. This is a very important amendment. I support it.
(Hon. (Dr) Rachael Nyamai): Hon. Owen Baya, do you have interest in this?
No.
(Hon. (Dr) Rachael Nyamai): Hon. Members, we have come to the end. I call upon the Mover to move the reporting. Hon. Dawood.
Hon. Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022) and its approval thereon with amendments.
(Hon. (Dr) Rachael Nyamai): Thank you, Hon. Dawood.
Hon. Members, having established that Hon. David Gikaria, CBS, is in the House, we now move to the Penal Code (Amendment) Bill (National Assembly) Bill No.56 of 2022).
THE PENAL CODE (AMENDMENT) BILL (National Assembly Bill No.56 of 2022)
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Hon. Members, I thank you very much. We have concluded the three Bills that were to be considered this morning. Before I call upon the Mover to move the reporting, I would like to welcome our guests who are seated in the Speaker’s Gallery this morning. We have Thika High School for the Blind, Thika Constituency, Kiambu County. I welcome you to the National Assembly to continue observing proceedings of the House. I call upon Hon. Gikaria to move the reporting.
Hon. Temporary Chairlady, I beg to move that the Penal Code (Amendment) Bill (National Assembly) Bill No.56 of 2022) and its approval thereon without amendments. I request Hon. King’ara to second.
I second.
(Hon. (Dr) Rachael Nyamai): Thank you, Hon. Gikaria.
Hon. Members, we are now going back to Plenary.
I call upon the Mover to move reporting on the Land (Amendment) Bill (No.40 of 2022).
Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) and approved the same without amendments.
Thank you. Mover.
Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the Said Report. I also request Hon. Gikaria to second the Motion for agreement with the Report of the Committee of the whole House.
I second.
Thank you.
On a point of order, Hon. Temporary Speaker.
Hon. Rachael Nyamai. What is out of order?
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We are still on the Land (Amendment) Bill (National Assembly Bill No.40 of 2022). Go ahead Mheshimiwa.
Thank you very much, Hon. Temporary Speaker. I thank Members for coming early to support the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) which is going to lock the public utility. My concern is that…
Hon. Kang’ara, you just moved this for adoption, and therefore, you cannot contribute to it.
Thank you. Due to lack of Quorum…
Hon. Members, I have guided that the Question on this Bill for adoption, be put in the next Sitting.
We, therefore, move to the next Bill, the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022). I will, therefore, call upon the Chairperson to move.
CONSIDERATION OF REPORT ON THE CANCER PREVENTION AND CONTROL (AMENDMENT) (NO.2) BILL (National Assembly Bill No.45 of 2022)
Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022) and approved the same with amendments.
Thank you. Mover of this Bill, Hon. Dawood.
Thank you, Hon. Temporary Speaker. I beg to move that the House do agree with the Committee on the said Report. I also request Hon. Muthoni to second the Motion for agreement with the Report of the Committee of the whole House.
Hon. Muthoni. Is she in the House? Okay, go ahead.
Thank you, Hon. Temporary Speaker. I second this Bill. Thank you.
Anybody contributing on this matter? Hon. Nyamai, you wanted to contribute on this matter?
No.
Okay. Hon. Baya.
Hon. Temporary Speaker, due to the import of the matters that have been canvassed and the reporting that has been made, and the importance of these Bills, I will request that we defer putting the question to the next Sitting when we are ready to do that. Thank you. 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
Thank you. Putting of the Question is accordingly deferred to the next time this Bill comes up for consideration in the House.
The next Bill is the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022).
CONSIDERATION OF REPORT ON THE PENAL CODE (AMENDMENT) BILL (National Assembly Bill No.56 of 2022)
Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022) and approved the same without amendments.
Hon. Gikaria, the Mover.
Thank you, Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Jayne Kihara to second the Motion for agreement with the Report of the Committee of the whole House.
Hon. Kihara.
Thank you, Hon. Temporary Speaker. We have outdated laws in this country. This is a free country where free movement and free speech is allowed, and some of the penalties given to people in those petty offenses must move with the times. I second.
Hon. Baya.
Hon. Temporary, I beg your indulgence that we defer putting of the Question on this matter. It is an important matter and it is important that the Question be put next time so that we can achieve what we need to achieve as a Parliament. So, I request and indulge you that you defer putting the Question.
Thank you. The decision on the adoption of that Report is, therefore, put off to the next time this report comes up for consideration in the House.
Next Order.
Hon. Members, before I call Hon. Abdul, join me in welcoming students from Harambee Junior School from Makadara Constituency in Nairobi and students from Ibiriga Day Secondary School from Chuka/Igambang'ombe, Tharaka Nithi. They are welcome to follow the proceedings of the House from the Public Gallery. Thank you. Is Hon. Abdul Haro in the House? Hon. Members, we are resuming debate on Hon. Abdul Haro’s Motion on the development of a Satellite-Based Climate Change Monitoring Policy. There was no one on the Floor. If anybody wants to contribute on this… I can see Hon. Peter Kihungi, Hon. Nyikal and Hon. Patrick Ntwiga. Hon. Ntwiga, I know you want this on something else. You are allowed, but then you contribute on this matter.
Thank you, Hon. Temporary Speaker. I just wanted to welcome my students from Ibiriga Day Secondary School to this House so as to follow how we do things in this House and how we serve them. It is a school I love so much. Thank you, Hon. Temporary Speaker.
Thank you. Hon. Rahim Dawood, do you want to contribute on this Motion? Go ahead.
Thank you, Hon. Temporary Speaker, I congratulate Hon. Abdul Haro for bringing up this Motion. Times have changed, and the world has changed. We need to move away from the manual systems of obtaining information regarding weather patterns and climate change.
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Hon. Temporary Speaker, I would request if you could ask the Members to…
Members on the isle from the minority side; Hon. Mbadi, Hon. Atandi and company, please, allow Hon. Dawood to hear himself as he contributes.
Thank you, Hon. Temporary Speaker. I think Hon. Mbadi wants to be the party leader of the Orange Democratic Movement (ODM). I support him in that although I am not a member of the ODM.
Kingpin. Hon. Temporary Speaker, I was saying that we need to move away from current ways of predicting weather occasioned by climate change. We have gone very far in technology and by this satellite-based climate change, we need to see how we are going to put the satellites which are owned by Kenya into space so that we can predict our weather. It should be more predictable and easier to maintain. We should not only approach interventions in that manner. We must consider how to prevent droughts from affecting our people. During El Nino rains, it was unfortunate that we could not harness all the water which goes to waste. This water could be utilised during drought seasons. We are expecting rains soon, hopefully, in the next one or two weeks and we need to put interventions in place to protect our people who suffer from droughts year after year. The animals and the people are suffering. We should look to countries in the Middle East as examples, where despite having dry weather and little rainfall, they are still able to produce the best fruits and vegetables. Therefore, with the interventions proposed by Hon. Haro, I believe we need to move in that direction. We need to upgrade our technology. I think we need to go the way Hon. Haro has proposed regarding the use of satellite technology. This is because we cannot be left in the archaic 1960s while people move to 2200. Hon. Temporary Speaker, with those few remarks, I support.
Member for Samburu East.
Thank you, Hon. Temporary Speaker. I want to add my voice to this Motion on the Development of a Satellite-Based Climate Change Monitoring Policy. Climate change is real, and it has a lot of negative effects. So, it is important for us to monitor it because recently, we were hit by severe effects of climate change. As a country, we need to monitor climate change using satellite technology. Due to climate change, a lot is happening that needs to be monitored. The use of satellite technology is a very good idea because it will help us. We expect long rains in some parts of Kenya soon, but it might not rain due to climate change. Therefore, it is very important for us to support this Motion so that we can easily monitor and tackle the severe effects of climate change. Thank you, Hon. Temporary Speaker. I support.
Hon. Phylis Bartoo, on this matter, right?
Thank you, Hon. Temporary Speaker, for giving me this opportunity. I wish to contribute to this important Motion on developing a Satellite- based Climate Change Monitoring Policy. I also want to thank Hon. Abdul Haro for bringing it to the House. The use of information technology has gained a lot of relevance in the history of humankind, especially here in Kenya. As a result, issues related to climate change should also be cognisant of the fact that data is important in predicting climatic patterns. We have heard 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
cases of using traditional methods to get information or predict climate change events in this country, for example, when it is supposed to rain and in matters of religion. Sometimes, it is difficult for our Muslim brothers and sisters to tell when Ramadhan should begin because they cannot see the moon. Yet, such information can be easily predicted using information technology. It will also enable us to budget for the severe effects of climate change that are about to happen. Sometimes, when you want to travel, for instance, when you fly to Eldoret or any part of the world, you arrive and find it raining. If we take advantage of information technology, we will get timely and accurate information about weather patterns in other parts of the world. I want to give a case of my constituency, where we are in the planting season. The farmers are waiting because they receive mixed signals about when to plant, plough their land, or do any farming activity. They are using guesswork because they do not have clear data to predict climatic patterns to take advantage of. Right now, farmers are queuing at the National Cereals and Produce Board (NCPB) offices for fertiliser, yet they do not know exactly when to plant. They just imagine it is next week, two weeks to come, in April or May. Those who are planting maize are supposed to have… In the past, the planting season started in March, but it moved to April. The wheat farmers are supposed to plant in June or July. All this information is guesswork. The development and utilisation of this policy will enable us to have timely information, so that farmers can plan when to plant, harvest, and so on. Information is power. So, once they have information, they will carry out their activities without any hitch. We have scenarios of some remote places which do not get any information. If we utilise satellite technology, we will reach the extreme parts of Kenya. A recent case was when the government tried to get Wi-Fi to every region in Kenya. So, if that information is distributed, everybody will access it and use that data to make plans at the right time. Since we have not had a satellite-based climate change policy, every Kenyan community has been getting bits and pieces of information. So, everybody has been using this little information to know what will happen next. I believe this policy will solve all climate change issues and guide us on what to expect. The extreme climate change effects we are facing in Kenya, like drought and floods, which happen in some parts, kill people and animals or leave them suffering. I believe this policy will help us eradicate all this because everybody will have information about what will happen at a particular time of the year. Once we have information, we will adjust and plan our lives. For example, people are supposed to be evacuated from areas hit by floods. This should be done on time. Hon. Temporary Speaker, we should not just wake up in the morning, and it is in the news that floods have swept a whole village, or we realise that in a whole village, animals are dying because of drought. This is the information we should have got early enough for us to plan. I wish this satellite policy is established and implemented. This is to ensure every part of the country is monitored and given information on establishing their behavioural patterns. This will enable them to be aware of what happens every season and time of their lives. We have had devastating effects on our communities because of ignorance. They use traditional methods like the moon to predict what will happen. For example, we have cases of communities sighting the moon to predict or count the number of days they have to wait for the rains. Some use the stars by looking at their alignment to predict when it will rain or when certain events should happen. Hon. Temporary Speaker, the days when we should rely on such happenings are gone. In the 21st Century, we should use a satellite-based policy, just like in First World countries where technology has taken root, and everything can be predicted for an entire year. People are given that information for a whole year. 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
I support this Motion and hope it is given the support it deserves until the policy is established, implemented, and monitored in the best way possible. Thank you, Hon. Temporary Speaker. Once more, I support Hon. Abdul Haro for bringing this Motion to the House.
Thank you. Let us have Hon. (Dr) Nyikal.
Thank you, Hon. Temporary Speaker, for the opportunity. I rise to support this. Hon. Temporary Speaker, we have to live in the modern world. We cannot continue to do things in the old way. Climate monitoring and focusing are extremely important. There are very clear areas where we need to have this information. One is that everybody knows about climate change. The climate is changing, and the weather patterns will differ. We need to predict this to plan whatever we do in the short and long-term. If we do not have information, we cannot do that. We still depend on rain-fed agriculture in this country to a large extent. If we are to depend on rain-fed agriculture, we have to know exactly when the rains are coming to prepare the land and plant accordingly. Our farmers do not believe the predictions we get from our weather experts since we are not using up-to-date technology. We lose the seeds and fertilisers by planting when the rains are not coming. This will make it predictable. In fact, in some countries, if there is a prediction of when planting should be done, and the rains do not come, the farmers can sue the Meteorology Department. We cannot do that because we have not given them the technology they require, yet it is important. Looking at air and land transport, people travel the world in large numbers. Air transport is probably the safest. Being in a plane is 100 times safer than being in a car. That is because we have to know the wind and rain movement. That is extremely required even if you are not going on planes but on the ground and even in the lake. We equally get lost in the lakes. For example, in Lake Victoria, if we can predict and tell the fishermen that this is how the wind and currents will be, many people will be safe. We can be accurate for hours or even minutes if we use satellites. We also need to predict animal and bird migration and even disease vectors. We need to know when birds are migrating at a certain time. There is a problem that people in the Arctic, on the Island of St. George's, are worried about the bird flu amongst the birds. If we do not know or predict how the birds are moving, we can end up with an epidemic we are unaware of. Just even for mosquito control, we have been distributing nets, but we need to know exactly when to distribute nets. When we are doing indoor residual spraying to control mosquitoes, we need to know when the rains will come, when the mosquitoes will breed, and when we give the nets. We are discussing a Bill in the House on disaster preparedness and management. The biggest disasters we have here are drought, floods, and landslides. We can predict all these things if we have proper weather forecasting and monitoring. The only way to do it is by going digital and getting these satellites in the air. It will protect our people by predicting disasters and diseases and determining when to plant them. Thus, we will live in harmony with the environment. With that, Hon. Temporary Speaker, I support. Thank you.
Thank you. The Hon. Member for the Dagoretti South, do you want to speak on this?
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Okay. Hon. Yusuf. Go ahead.
Thank you, Hon. Temporary Speaker, for allowing me to contribute to this Motion by Hon. Haro. The world is now in the era of technology, and we need to embrace technology. What Hon. Haro has brought today is something that we need to embrace as a country. If you remember, during the floods and the drought season, there was a lot of confusion when the Meteorology Department warned about the floods and the drought. Even the President himself doubted the verdict or the announcement by the meteorologists. That clearly shows that the method we are using now is outdated, inaccurate, and cannot be relied upon. It is time to now migrate from outdated technology to a new level of technology. Hon. Temporary Speaker, as we know, many things are happening. The country is shifting from analogue to digital. It is also the right time to shift from the original method of focusing to a satellite way of doing things. Where I come from, in Northern Kenya, it is very difficult for the meteorologists and even the locals to understand and determine the weather forecast. The climate has changed and completely disrupted everything that the traditional people were used to doing. People used to look at the moon, others at the stars, and others at the sky to confirm and know exactly when the rains were near or when the drought was coming. But since climate change happened, everything has gone upside down. People cannot predict exactly when they will get rain and when there will be drought. Therefore, this must necessitate a different method of weather forecasting. Hon. Temporary Speaker, developed countries, such as Saudia Arabia, use satellites to see the moon before we see it here in Kenya during the month of Ramadhan. That has clearly shifted the dimension of how the moon is sighted in this world. We should also use satellites to predict and forecast the weather and see exactly what time we should expect rain so that people can prepare. If there is drought, pastoralists can migrate to look for better pastures and water. If rain is expected, they can stay in a particular area. This Motion was brought at the right time; it is a Motion we all need to support and embrace as a country to get accurate data from meteorologists. Thank you, Hon. Temporary Speaker, for giving me the opportunity.
Member for Mogotio.
Thank you, Hon. Temporary Speaker. This Motion, as has been said by other Members here, is timely. In our country, for far too long, we have relied on traditional forecasting methods, where some look at the stars. Others look at animal intestines to predict weather patterns and whether it will rain or not. This has caused our farmers very serious losses in planting and cattle keeping because they do not know the weather patterns and whether it will rain. We rely on rainfall for our farming and livestock. It is timely to have this technology to salvage our farmers so that when they plant, they can be sure that the rain will be adequate. The livestock keepers will also know if there will be pasture or not so that they can reduce the number of livestock to survive the tough climate change times we are in. We are faced with serious climate change impacts, which is a global phenomenon. The best we can do is to prepare our citizens for such hard climate change times so that they are versed with the changing weather patterns. Unlike before, climate change has made the weather patterns different. In some seasons, it used to rain in March and April, but it now rains in January, an unheard of phenomenon where some of us come from. To cure this, the best thing to do is to embrace technology. The only way we can embrace technology is by supporting this Motion so that we are in a position, as a country, to lead our people more organised with predictable climate patterns. Sometimes, people resolve to live in myth because of a lack of data, technology, and information. When the Cabinet Secretary for Environment comes here, I would like to ask her 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
about an airplane that does cloud seeding when it is about to rain at our place and makes the rain disappear. To avoid such and be in a safer environment regarding preparedness, let us support this Motion. I support it. We are here on behalf of the people, and our interest is that of the people. We must save them from losses during planting by informing them whether there will be enough rain to sustain the crops they plant. To save people from losses, let us support this Motion. Thank you.
Hon. Members, there being no further interest in this matter, I now call upon the Mover to reply. Hon. Caroli Omondi, you have just slotted in your card. Do you want to speak on this? Okay. Go ahead.
Thank you very much, Hon. Temporary Speaker, for allowing me to add my voice to this Motion. It is true that there are changes in time. The world is changing. We are changing from the bush where we come from, from the Stone Age, and growing into technology. In this country, we sometimes normally listen to the weatherman. I do not know whether it is the equipment they normally use or the system to get rain forecasts and advise of what is happening with the weather that fails. It will help to embrace technology to cure these challenges. We saw how climate change affected the Kajiado, Isiolo, and Ukambani regions sometime last year. The whole area was dry. The only advice from the weatherman was that there would be very heavy rain. They gave a scenario of massive rains in the country. Kenyans were told to be ready for the heavy rains. To be fair to the weatherman, he said there would be a lot of rain. Kenyans are happy to have the rain because we can see what is happening in the country. What has happened in the country? We have water, the country is green, the harvest is good, and we can get cheap milk and maize because of the rain. This is why we say it is very important to embrace technology and the weatherman to give us the exact time to expect rainfall. That will be better for the country. That is why I rise to support the Motion. It is not only timely but it must be implemented. We have been passing many motions in this House. We passed many motions in the other Parliament. Still, I see them coming back again using the same drafting language. When we pass a motion, it is always important for the Committee on Implementation to make a follow-up and see how far it goes and how Government departments or agencies handle the issue. Thank you, Hon. Temporary Speaker, for giving me this chance. I support the Motion. I tell the weatherman to be scientifically factual using technology and not be like a herbalist. Thank you very much.
Hon. David Ochieng'): Thank you. Member for Ganze
Thank you, Hon. Temporary Speaker, for giving me this opportunity. I also support this Motion by my dear friend, Hon. Haro. It is a Motion that was brought about at a very timely moment. Right now, as a country, we have no other way but to embrace technology, especially in predicting the weather and mitigating the effects of climate change. As a country, we have been using archaic technology to predict the weather. That is why we have been way off the mark most of the time. This is happening because we are using outdated technology. A case in point is that there was a prediction that there would be El Nino last year. Midway through, the predicted El Nino was downgraded, and it was said that there would be heavy rains. Actually, El Nino occurred. That was occasioned by the fact that the kind of technology we use to predict the weather in the country is not modern. 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
Things have changed nowadays. The era or the days when we used to look at the stars or the moon’s position to forecast the weather are long gone. The current trend is people using satellite technology. We, as a country, need to adopt this technology as fast as possible. I have listened to my colleagues contributing to this Motion. All of them talk about how this technology will assist farmers in planting in a timely manner and planning how to till their land. In addition, this technology will help farmers and the Government in planning service delivery. When planning to do roads, we know that we also need to know the exact weather conditions at that time. It would be foolhardy for a government to plan road rehabilitation only for them to be washed away the next day because they did not have a good understanding of the weather patterns of that area. Much as we are saying that this technology can assist our farmers, it can also go a long way in helping the Government to plan to deliver services to wananchi . Again, technology will help the Government to be prepared for disasters. A case in point is what happened during the drought last year. It caught the Government flat-footed. The Government had not planned for it. That is why we had to come to Parliament and use Article 223 of the Constitution to provide emergency relief supplies to areas affected by the drought. We would have forecast such scenarios long ago if the Government had modern technology to predict the weather. The Government would have prepared well to avert such situations. This is a very timely Motion. We need to support it as Parliament. After passing the Motion, the onus is on the Government to ensure it is implemented so that Kenyans can benefit from it. With those few remarks, I support.
Thank you. The Member for Kitutu Chache North, Hon. Japheth Nyakundi.
Thank you, Hon. Temporary Speaker. I also want to support this Motion for the development of satellite-based climate change monitoring. The world has gone digital. We, as a country, have been left behind in weather forecasts and the rest. At this time last year, we were told there would be no El Nino. Later on, we found out that there was a lot of El Nino. It made us return to this House and pass a few Bills to ensure that people from certain affected areas got relief food. As you know, most of the time last year, we were told there would be rain, and there was none. Setting up the satellites and going digital will help the Government and farmers prepare enough for planting and harvesting seasons. We had very good weather last year. It made us produce a lot. Our bags of maize moved from 40 million to about 67 million. We will know and organise ourselves if we go digital. The Government will arrange when to give out things like fertiliser because it will know when the rains will come. We will know the harvesting time. It will assist our preparedness in agriculture and other things. Therefore, I am part of this Motion, and we will support it.
Thank you. Member for Alego Usonga.
Thank you, Hon. Temporary Speaker. I rise to support this Motion. Today, climate change is the biggest conversation globally. Each country is looking for ways to manage the effects of climate change. This is happening because we are meeting the effects of climate change in our everyday lives, from rising temperatures to unpredictable rainfall and droughts to all these issues. It is truly too late for us that, to date, we do not have a scientific way of checking or knowing how to predict climate change issues. Today, it is normal for the weather people to predict that there will be or there will be no rainfall tomorrow. The reverse happens when you wake up. It does not rain when they predict there will be rainfall. This is happening because we, as a country, have not determined a scientific and predictable way of determining the climatic situation. 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
This is why I think this Motion is timely. I urge the Government to move quickly and adopt this Motion once passed, as it will be passed here in the House. We cannot wait or live in abyss. We cannot live as if we were in the past, in the traditional colonial way. Our ancestors had traditional ways of checking and predicting climatic issues. However, we cannot do that today. We must live in modern times. Because the effects of climate change are very severe, it requires us to be current. That is my observation. I support the Motion.
Member for Rarieda Constituency, do you want to speak on this Motion?
That probably marks the end of the debate on this Motion. I will call upon the Mover of this Motion to reply. Hon. Abdul Haro.
I would like to give Hon. Dorothy Muthoni two minutes before I reply. She wants to contribute. Hon. Makali of Kanduyi can take two other minutes.
Hon. Makali, I advise you to go up there and get a card. It is not here. That is why I have not given you a chance so far. I cannot see it. Hon. Dorothy Ikiara, go ahead.
I thank the Mover of this Motion, Hon. Abdul Haro, for bringing this very important Motion to the Floor of this House. It is imperative for us, as a country, to embrace technology. This Motion is very timely because we, as a country, have experienced severe climate changes in the last few years. Developing a satellite-based climate change monitoring policy is the way to go. Technology will help us to monitor climate patterns accurately and fast-track them. This information will not be reliably used by the citizens only. It will also help the Government plan mitigation through which to map our country and know what to plan. We had El Nino that was not properly planned for. The Government acted haphazardly. If we embrace technology, this satellite will predict rainfall, identify drought-affected areas and where to plant different crops. I thank the Mover of this Motion. Embracing satellite technology is the way to go. Thank you, Hon. Temporary Speaker.
Give Hon. Makali the microphone.
Thank you, Hon. Temporary Speaker, for allowing me to also weigh in on this Motion despite the technical difficulties with our cards. I wish to thank the Member for bringing this Motion after a successful climate change summit that was held in the country. Climate change has led to adverse problems such as floods and droughts. To address these challenges, we must prioritise investing in technology. Growing up, traditional methods were used to forecast weather patterns. Mr Ayub Shaka's programmes on KBC would forecast the weather patterns for the following day. We now need to develop an Information Technology (IT) policy to ensure that we can effectively and accurately monitor climate change. The Ministry of Environment, Climate Change and Forestry is best suited to lead this effort. We need to prioritise investing in IT as it is a top agenda of this Government. It is crucial to develop a policy that encourages investments in IT, and embraces technology, just as we have done in security matters. Hon. Temporary Speaker, I support this Motion and pray that we develop effective legislation to monitor climate change in the country. Thank you. 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
Hon. Abdul.
Thank you, Hon. Temporary Speaker. I beg to reply. I take this opportunity to thank all the Members who have contributed to this Motion. Their valuable contributions will go a long way in enriching this Motion. This Motion is a prayer that this House resolves that the Ministry of Environment, Climate Change and Forestry develops a policy on IT that deploys the use of satellites in the monitoring and forecasting of climatic conditions, to ensure timely and accurate data collection to enhance the country’s capacity to respond to weather-related risks and vulnerabilities including climate change. One uniform threat throughout the contributions is that reliance on traditional weather monitoring methods is outdated. That Kenya needs to move to the next stage as the other nations in the developed world have done. We need to use satellites to collect climate change data for more reliable, accurate and, efficient information that can be used to assist the communities living in vulnerable areas. These communities have suffered from the impact of rapidly changing climatic conditions Hon. John Kiarie said that this satellite-based monitoring technology can be married with new technologies like Artificial Intelligence to produce more reliable and efficient data. This was very useful, and it will go a long way in enriching this Motion. He also informed us that we are now in the fourth industrial revolution and these technologies will be helpful to us as a country. He also highlighted that this is an opportunity for Kenya to partner with other developed countries that have already successfully implemented satellite technologies to monitor weather and climate conditions, such as the United States, Japan, South Korea, China and India. For example, in the US, the technology is used to accurately predict weather events such as cyclones. This can happen in Kenya if we have a deliberate policy to ensure the use of satellite technology to collect climate data. Hon. Temporary Speaker, the good news is that recently, Kenya launched Taifa One Satellite. This makes Kenya the 12th country in Africa with that kind of facility. The launch of this satellite will greatly benefit our country as it will enable satellite-based monitoring. This means that our farmers and pastoralists will know when to expect rainfall and drought. We will also predict storms in our lakes and inform our aviation industry when planes can take off, and the maritime services when ships can dock. This information will be extremely helpful to the country. With those few remarks, I ask that pursuant to Standing Order 53(3), you defer the putting of the question. Thank you.
Be on record that you beg to reply.
Hon. Temporary Speaker, I beg to reply.
Hon. Members, I have confirmed that Hon. Mishi Mboko is out of town on official duty. Therefore, we defer this Motion to the next time it is slotted in the Order Paper.
Before I give Hon. Ikiara the opportunity, I want to notify Members that based on the Speaker’s communication, there is an office up there which can give you a temporary card if you do not have a card to contribute. We will not give any Member without a card a chance to contribute. It will take you only two minutes to get a temporary card and you will be able to contribute.
Next Order. Hon. Dorothy Ikiara, you may proceed.
Thank you, Hon. Temporary Speaker. I beg to move the following Motion: THAT, aware that, Article 21(3) of the Constitution provides that all State Organs have the duty to address the needs of vulnerable groups within the society; further aware that the persons with severe disabilities cash transfer programme (PWSD-CT) is one of the four cash transfer programmes implemented by the government as part of the overall social protection interventions; noting that caregivers undertaking the immense responsibility of providing daily care and assistance to persons with severe disabilities (PWSD) are oftentimes the immediate family members of the PWSD; concerned that, this causes a disproportionate burden on these families as persons who would otherwise be engaged in gainful employment or other activities to provide for the families are limited by these immense responsibilities; further concerned that, this loss of income opportunities and resources exacerbates the challenges faced by these families; cognizant that, the government ought to take action to recognize the invaluable contributions of caregivers and support them in caring for individuals with severe disabilities; now therefore, this House resolves that the government, through the Ministry of Labour & Social Protection, recognizes primary caregivers of persons with severe disabilities (PWSD) as a distinct category requiring social protection and support, and further, develops and implements a cash transfer programme for these primary caregivers.
Hon. Temporary Speaker, this Motion seeks to provide safety nets for caregivers for persons with severe disabilities. Specifically, this Motion calls upon the Government to offer 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
social protection and support to caregivers through the implementation of a cash transfer programme for these persons. The objective of this is to alleviate the economic burden of such caregivers, thus improving their quality of life from a social and health perspective.
According to the 2019 census report, 2.2 per cent, that is 0.9 million Kenyans live with some form of disability with the majority residing in rural areas. There is an established link between poverty and disability.
Approximately over half of PWDs in Kenya are impoverished. The ones with severe disabilities cannot engage in any meaningful activity because of the enormous burden that they carry. Cash transfer to them is among a national social protection scheme for vulnerable groups. Its overall goal is to support poor households which have a member with severe disabilities who requires around the clock care. A regular transfer of Ksh2,000 per month is paid to the beneficiaries on a monthly basis.
While the Social Assistance Act, 2013, provides for social assistance to persons with disabilities, it is very silent on caregivers’ welfare. The Act includes care in residential institutions in the definition of ‘financial assistance’, but it does not mention caregivers. Article 28 of the Constitution of Kenya, 2010, provides that every person has inherent dignity and the right to have that dignity respected and protected.
Article 43(1)(e) of the Constitution asserts that every person has the right to social security. Article 43(2) of the Constitution asserts that the State shall provide appropriate social security to persons who are unable to support themselves and their dependants. Caregivers of persons with severe disabilities are relatives and friends which reduces expenditure on formal care. However, the policy, legal framework and programmes that support the services ignore their needs and welfare. They do not receive training or remuneration. Since they cannot meaningfully participate in income-generating endeavours, they rely on the assistance of others. Therefore, they will greatly benefit from the government- sponsored services, including sufficient financial support. They face a myriad of challenges, while providing care to this special category. They often sacrifice employment to take care of persons with severe disabilities who cannot do anything for themselves. It is impossible for a person or family member taking care of them to leave them on their own. Insufficient support and resources contribute to caregivers’ burden which may lead to a reduction in the quality of care provision. Broader impacts on the family include marital dissatisfaction, isolation stigma and reduced social interaction with other community members. They cannot meet their needs and obligations. They cannot invest in their human capital as they are preoccupied with caregiving duties. Loss of jobs and productivity is inevitable, as they focus their attention on a family member with severe disability. Their quality of life is closely linked to caregivers’ burden and reducing it can improve their quality of life. Financial implications of having children or persons with severe disabilities include reduced family income, significant high financial demands and poor access to materials and services. This is because resources are transferred to caring for them. Demands of caregiving and lack of support may give rise to negative consequences to their physical and psychological wellbeing. This may cause further financial stress and result in them abandoning their role of caregiving. Psychological issues that face parents and caregivers of children and persons living with severe disability include stress, feeling of guilt, low self-esteem, negative emotions 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
behaviours, worrying about the future of the children, anxiety and depression. Caregivers dedicate their lives to caring for these persons. They cannot even undertake civic duties such as voting. For this reason, I urge Members to support this Motion. We should bear in mind that anybody seated in this House can be a candidate of severe disability. Nobody knows when disability will strike. There are people who are involved in accidents and find themselves completely incapacitated. They cannot even do the normal chores that they used to do. As I conclude, I urge the House to support this Motion. We are not only doing this for these children and persons with severe disability but also for our safety. This is because at one stage in life, you may need care and attention from one of your relatives, friends or even spouse. It is dismaying to note that mothers of severely disabled children are sometimes left to take care of them on their own. In most incidents, when men realise that there is a huge burden of taking care of a child with severe disability, they run away. There are unfortunate cases where a mother gives birth to more than one child with severe disability. To alleviate the burden of these children, I urge this House to support this Motion. I ask the Member for Malava, Hon. Malulu Injendi, to second the Motion. Thank you, Hon. Temporary Speaker.
(Hon. (Dr) Rachael Nyamai): Hon. Malulu Injendi.
Thank you, Hon. Temporary Speaker. I rise to….
(Hon. (Dr) Rachael Nyamai): I am sorry, Hon. Malulu Injendi. Please take your seat. Hon. Members, before the Motion is seconded, I would like to recognise students who are seated in the Public Gallery this morning. They are from Kamuwongo Secondary School, Mwingi North, Kitui County; Kieni Secondary School, Subukia, Nakuru County and Lizzie Wanyoike Preparatory School, Ruiru, Kiambu County. You are welcome to observe the proceedings in the National Assembly.
Hon. Malulu Injendi, you may proceed to second the Motion.
Thank you, Hon. Temporary Speaker. I rise to second this Motion. I begin by citing Chapter Four of the Constitution of Kenya, 2010, on the Bill of Rights. Article 43(1)(a, b, c, d, e and f) of the Constitution provides for economic and social rights on six sectors which include health, adequate food of acceptable quality, housing, clean and safe water, social security and education. The people with severe disabilities receive Ksh2,000 every month. We need to ask ourselves whether this amount is sufficient to take care of the rights as cited under Article 43 of the Constitution. It is not sufficient. The Government came up with this amount sometimes back. With the current economic times, we need to review it. Keeping in mind the needs of the caregivers of the persons with severe disabilities, we, as the National Assembly, must persuade ourselves to assist them. You will find that this is full-time employment for most of the people who give the care. They are mostly mothers. If not, it is the children who are supposed to be at school but have been assigned this role. As it happens in my constituency, in most cases these caregivers share the Ksh2,000 with the person who is supposed to benefit from it.
For us to ensure that these people live a quality and decent life, when issuing the Ksh2,000 the Government should also consider allocating an amount to the caregivers. I would propose an amount that is higher than this. These are people who work full time and have other responsibilities to take care of while giving this support. Supposing these people are taken into a caregiving institution, it would cost the Government a lot of money, but communities 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
families volunteer to take care of these persons. Therefore, we need to give some support to the caregivers so that they can also lead decent lives. Most families that suffer from this are poor ones. They have no other sources of income or people to turn to for help in providing care. Therefore, this is an important time in our country that we should consider giving some money to caregivers. You will realise that the kind of disability we are referring to is so severe that it requires so much care. Part of this care is feeding the persons and assisting during the call of nature. We can only improve the lives of these people when we give them something to ensure they are proud of the kind of work they do to persons with disabilities. It is a moment for us to start empowering families. I am aware of a family in my constituency where a family has six children and all of them are disabled. This is a family that has to take care of these children in terms of needs such as food and education. The Government does not provide for the family at all.
Hon. Temporary Speaker, I rise to second this Motion and support Hon. Dorothy Muthoni for coming up with it to ensure that Kenyans enjoy their lives as stipulated in Chapter 3 of the Constitution during this regime. I second.
(Hon. (Dr) Rachael Nyamai): Thank you very much. Hon. Members, before I propose the question, I would like to recognise our guests seated in the Speaker’s Gallery this morning. We have students from Utumishi Boys Academy from Gilgil Constituency, Nakuru County. You are welcome to the National Assembly to observe proceedings of the House.
(Hon. (Dr) Rachael Nyamai): Hon. Members, before we go to debate, I would like to give a communication. Pursuant to Standing Order 41(1) of the National Assembly Standing Orders, I wish to report to the House that I have received a message from the Senate regarding the passage of the Affordable Housing Bill (National Assembly Bill No.75 of 2023). The Message conveys that on Wednesday, 12th March 2024, the Senate considered and passed the Bill with amendments. You will recall that on Wednesday, 21st February 2024, the National Assembly considered and passed this Bill with amendments, following which the Speaker referred the Bill to the Senate for consideration pursuant to provisions of Article 110(4) of the Constitution. In this regard, the Message and the Schedule of the amendments are hereby referred to the Departmental Committee on Finance and National Planning and the Departmental Committee on Housing, Urban Planning and Public Works to jointly consider and report to the House. I further direct the Clerk to circulate these amendments to all Members in accordance with Standing Order 145. Noting the urgent nature of this Bill, I urge the two Committees to expeditiously consider the amendments to the Bill and submit a report to guide and enable the House to conclude the next steps. Additionally, the Committees are encouraged to liaise with the sponsor of the Bill in processing the Senate amendments. The House is accordingly guided. Thank you 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
(Hon. (Dr) Rachael Nyamai): Hon. Members, the opportunity for debate on Order No. 14 now goes to Hon. Peter Kihungi. You may proceed, Hon. Kihungi. I see a point of order by Hon. Kiarie.
You wait for your turn. You may proceed, Hon. Kihungi. Hon. John Waweru, it is your opportunity now.
Thank you, Hon. Temporary Speaker. Allow me to congratulate Hon. Mwalimu Ikiara for bringing this important matter for consideration by the House. She is pricking our conscience as a nation for us to consider the least among us in society. The good book teaches that whatsoever you do to the least of brothers, you do unto me. What she is doing here is not primarily for the caregivers but for the Kenyans living with severe disabilities. I stand to support. In my contribution, I shall also refer to some Bills that might be useful to Hon. Ikiara when she decides to promote this Motion into a Bill. By providing a stipend for the caregivers, who are taking care of the severely disabled in this country, we are doing a number of things including giving assurance for better quality care for these persons. We are also making sure that we are recognising the efforts of these individuals who undertake the work that not every other individual would voluntarily do. We are also promoting social inclusivity. This job is normally relegated to the people who have been demoted to the lowest cadre of the society to a point where we discriminate them. We recognise that there is ground norm that allows and provides for fair remuneration for anybody who undertakes any responsibility, especially if they are assigning some good hours to it. If you allow me, I request that the Mover is not obstructed from your vision so that she takes the notes. The big build that I would like to put to this is the consideration of whether we would want to move towards being a welfare State. If you look at the Order Paper, you realise that later on in our proceedings, we shall be looking at a Motion by Hon. Majimbo Kalasinga. The Motion seeks to review the eligibility age for enrolment of older members of the society to the Inua Jamii Cash Programme. It begs the questions; does our Ksh4 trillion economy capable of supporting all the safety net programmes that we are loading onto our Budget? This is a critical question that we ought to ask ourselves. If we ask this question in context of this Motion that has been brought by Hon. Dorothy Ikiara, we shall find that a stipend can only be a short-term measure to this problem. The long-term response ought to be the systems, programmes and institutions that can take better care of our people living with severe disability. With this, we shall formalise the whole arrangement of taking care of our people with disability so that the burden is not relegated to family members who do not have jobs. My point is that while this is an extremely good proposal, it can only serve on the short-term. This country shall be called upon to think about providing policies, legislation, frameworks, structures, the physical brick and mortar institutions that shall take care of our 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
people living with severe disability. In doing so, we will avoid the risk of making this country a social welfare country with an economy that cannot support it. As I had alluded to earlier on, we already have the Inua Jamii Cash Programme and we are looking to expand it to carry more Kenyans. There are very few Kenyans who are meaningfully, and I dare say, formally employed. You might find that each individual who has a payslip has no less than 11 Kenyans on their back. If we were to make this country a social welfare state, would we be able to afford? While I support the idea that we need to rethink how we deal with care givers, I also want to state that we should see this as a short-term measure as we put up institutions that would give a more comprehensive and sustainable care to the people who need it most; those who are living with severe disabilities. I stand to support Hon Dorothy Ikiara for such a brilliant Motion that pricks our conscience and makes us think about the least in our society. Hon. Dorothy Ikiara, this is a good Motion. You are a good person and you shall go to heaven because of this. Thank you very much.
(Hon. (Dr) Rachael Nyamai): Thank you, Member for Dagoretti South. Hon. James Nyikal, Member for Seme
Thank you, Hon. Temporary Speaker, for giving me this opportunity. I rise to support this Motion. I want to make a few comments. When the programme for supporting the severely disabled was started, the definition of severely disabled was: “a person who is so disabled that they need somebody to take care of them”. That definition indicated that the funds that were being given were to assist the caregiver to look after this disabled person. However, it completely ignored the person who was looking after the severely disabled…
(Hon. (Dr) Rachael Nyamai): Member for Seme is normally very consistent and his thoughts are very clear. I think the problem he is facing is the Member for Alego Usonga. Hon. Atandi, I request that you stop disrupting him.
Thank you, Hon. Temporary Speaker. When we started the programme for the severely disabled, the definition of severely disabled rested on the fact that the person was so disabled that they needed a caregiver to look after them. They had then decided that it was important to assist the disabled person. It is true that they did not take into consideration the welfare of the caregiver despite the disability being very severe that the caregiver cannot do anything else. Looking after a disabled person becomes a full-time job. This Motion raises that issue on what to do with the caregiver who is tied up looking after this person. Secondly, as time went by, we had elderly persons who did not need caregivers, but they were getting cash transfer. We again had the severely disabled who were getting cash transfer but had caregivers. The programme was started in 2017/2018, and over the years, the elderly grew older and they now require caregivers. So, the two cash transfers for the severely disabled and the elderly persons have actually merged. Therefore, this Motion should now be re-looked into not only after the severely disabled as defined before, but also include the elderly persons who are getting cash transfers. They have lost money because they were not assigned caregivers. That is extremely important. Thirdly, the number of severely disabled persons from other causes is smaller than the number of the elderly persons who now need caregivers. This prompts us to look at the issue of the elderly who are also severely disabled and need caregivers.
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We should also support the caregivers. This will bring us to a situation where, as a country, instead of taking severe cases of persons living with disability to old people’s homes, we can look after them at home, and help them by ensuring that they get their money from the cash transfer programme. The merger is important. We must care for the elderly. They form a bigger group of persons living with disability.
On a point of order, Hon. Temporary Speaker.
(Hon. (Dr) Rachael Nyamai): What is your point of order, Hon. John Waweru, Member for Dagoretti South?
Hon. Temporary Speaker, I would imagine that you know how serious I take Hon. (Dr) Nyikal. It is the reason I rise to find out whether the Member for Budalang’i is in order to be consulting in such a high tone while we are getting such an important contribution from the very esteemed, Dr. Nyikal.
Thanks for the consideration. I have ended my point by saying…
(Hon. (Dr) Rachael Nyamai): Hon. Nyikal, are you responding to the point of order or you are continuing with debate?
I have just made a slight reference to it, and I will continue with my contribution.
(Hon. (Dr) Rachael Nyamai): I would like to make a comment. I did not notice the distraction by the Member for Budalang’i. I will, therefore, allow the Member for Seme to proceed.
When looking at the severely disabled persons, let us start with the elderly because they need assistance more and they get money from the cash transfer programme. If we decide to also give the caregivers some assistance, then we can develop a model on how to look after the elderly at home. I support and appreciate the Member who brought this Motion. We should proceed and look at the Social Protection Bill regarding how it can be amended to take care of the issues raised here. We could merge the issues that I am concerned about.
(Hon. (Dr) Rachael Nyamai): Thank you, Member for Seme. Hon. Naomi Waqo, Member for Marsabit County.
Thank you, Hon. Temporary Speaker for allowing me to contribute to this very important Motion. I also congratulate Hon. Dorothy Ikiara for coming up with this Motion. If implemented, it will touch many lives and assist Kenyans who are currently living in desperate situations. A few days ago, I watched a clip of a young lady from somewhere in Naivasha. She said that her mum is mentally ill and her younger brother is living with disability. The young lady was at a point of losing hope and getting into depression. She expressed her frustrations because she cannot cope with family life because of the high demands from both her brother and mother, and she has no one to help her. She tried to work but she could not cope because the attention the two need from her is overwhelming. When I watched the clip, I was moved and wondered how she could be helped. The Motion that Hon. Dorothy brought to this House this morning is something that affects people in every part of this country. A lot of cases of persons living with disability need caregivers. Most of them reside in the villages. In some communities, children living with disability are like a taboo and they are viewed as a curse; nobody really wants to associate with them. They do not even want to talk about it. Some people even go ahead and hide them and for that reason they become even more depressed. Parents of such children end up living with stigma. 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
The only good thing that we can do, as a country, is to associate ourselves with them, own them, and be responsible enough to allow this cash transfer programme to run so that it gives hope to the bedridden individuals and caregivers. Caregiving requires enough resources and that is why today we have very many people who are depressed while others have developed terminal illnesses such as blood pressure and diabetes because they have no hope nor anyone to turn to. If our Government, through the Ministry of Labour and Social Protection, can recognise the caregivers of persons living with disability and give them support, their prayers would have been answered. One of the challenges is that the economy has been very bad, and people’s businesses have come down. The prices of items and, generally, the cost of living has gone up. People cannot afford to buy even a packet of milk. Many Kenyans cannot put a meal on the table. If we can approve the Motion it would help them. It would enable them send their siblings to school, take care of themselves, and even pay for medical care for some of them. Sometimes, the medical care and attention is quite expensive, and the medical insurance covers that the country is thinking about may not cater for some issues. Once we do this, we will be taking care of the cases that are badly off. It is their constitutional right. Every Government must take care of its citizens, including PWDs and the caregivers. The only way to do so is for us to recognise their needs and see how best we can help. We cannot think of helping them without creating our own wealth. This, therefore, encourages the entire country to work hard so that we can create our own wealth and grow our economy so that we can take care of all our financial needs. I support this Motion, and it is my prayer that it will be implemented soon. The Ministry of Labour and Social Protection should provide support and, therefore, make a difference in the lives of those who can neither speak for themselves nor fight for their rights. If this honourable House approves and debates positively, then it would impact on the people who are already suffering and are in a lot of pain because of poverty. With those few remarks, I support.
(Hon. (Dr) Rachael Nyamai): Hon. Samuel Atandi, Member for Alego Usonga, 050. He seems not to be traced?
Thank you, Hon. Temporary Speaker. I rise to support this very progressive Motion on providing a safety net for caregivers of persons living with severe disabilities. The Government’s programme for supporting people with disability is something which I commend. It has helped the communities and the PWDs. If you go to interior villages where poverty resides, you will find that caregivers and parents of PWDs hardly do anything productive. They hardly engage in agriculture like others because some of the PWDs have to be taken care of for 24 hours. Some cannot move or walk. If you are unlucky to have a child who is in this situation, you cannot engage in productive activities. The Government only supports people with disabilities but ignores the caregivers, which is something this House needs to address. That is why I said that this Motion is very progressive. The Ksh2,000 given to PWDs is not sufficient and this amount of money does not reflect the global changes in our currency, the economic situation, inflation, and other issues. Before caregivers are supported, the first thing we need to do is to increase that amount of money. It is time the Government increased it. Before we get there, the caregivers need to be taken care of. I like that the Mover of the Motion mentioned that disability is not selective. I could be walking today but become disabled tomorrow. People who are not disabled should not discriminate. Some people feel like disability is not meant for them yet anyone can become disabled. Therefore, this House needs to be careful and serious. Caregivers of the PWDs require Government’s support. One of the recommendations this House needs to consider is housing. If you go to homes of PWDs, you will realise that their living conditions like housing and bedding are bad. 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
There are some Women Representatives who have been using NGAAF to buy bedding for their constituents. I applaud them because many homes do not have bedding; they sleep on the floor. Some PWDs do not have clothing. This is a serious Motion that I challenge the Government to adopt. At times, I get an opportunity like this to question the sincerity of some of the policies of the Government. Sometimes when these people claim that they are a Government that is targeting to help the weak, the poor, and the hustlers, they ignore some of the fundamentals of life. I, therefore, challenge the Government that is here. It cannot be a sleeping Government. If the caregivers are suffering in our villages and homes yet you are a Government that claims to be concerned with the welfare of the poor, you should be ashamed. Please, take care of this issue.
(Hon. (Dr) Rachael Nyamai): Member for Alego Usonga, Hon. Atandi, which Government are you addressing? You have said, ‘Government is here’, and you know this is a House of records. You are facing to my left and you are addressing them. No Member has risen on a point of order, but which Government are you addressing that is in this House?
Hon. Temporary Speaker, the Government is represented in this House and as you know to your right is the Majority Party, and to your left is the Minority Party.
On a point of order, Hon. Temporary Speaker.
(Hon. (Dr) Rachael Nyamai): Member for Kirinyaga County, Hon. Njeri Maina.
Hon. Temporary Speaker, it is very misleading for the Hon. Member to say that Government is in this House. The legislative arm of Government is part of the Government. As a Member who represents his people, he is part of the Government. He has also alluded that the Government has been mistreating the poor and the PWDs. I want to give him the facts. As I speak, the cash transfer programme has been implemented and money is to be paid out monthly. He should not speak to issues that he cannot give facts on. Thank you, Hon. Temporary Speaker.
(Hon. (Dr) Rachael Nyamai): Since you rose on a point of order, are you asking whether it is in order? I know that we keep learning. Can you give Hon. Njeri the microphone?
Yes, Hon. Temporary Speaker. Is it in order for the Hon. Member to allude to Government? Which Government? He is part of the Government. Is it also in order for him to say that the Government has been mistreating the poor and PWDs yet there are facts on record that money from the cash transfer programme is currently being disbursed monthly?
(Hon. (Dr) Rachael Nyamai): Thank you. Let us hear from the Member for Alego Usonga.
Hon. Temporary Speaker, I did not intend to take a lot of time on this debate.
(Hon. (Dr) Rachael Nyamai): I would like you to address the matter raised by Hon. Njeri.
Hon Temporary Speaker, there is a reason this Motion is on the Floor of the House. It is because there is a deficiency on the part of Government in addressing this particular need. To say that the Government has done everything within its means to help suffering Kenyans is misleading. If that was the case, I would not be here. This Motion would not be on the Floor of the House. 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
As I conclude, this is a very progressive Motion that this House needs to adopt. I urge the responsible Ministry to ensure that the contents of this Motion are adopted and implemented for the betterment of the people of Kenya. I support.
(Hon. (Dr) Rachael Nyamai): Member for Alego Usonga, I will end this matter. I know you have read the Motion, but in the understanding of the Mover of this Motion, the Government has already done so much in taking care of PWDs. What Hon. Ikiara is looking forward to is the possibility of supporting the caregivers of people living with severe disabilities. Hon. Members, I think that is the position as you debate. I acknowledge that it is much better to deal with you these days than it was two or three months ago.
Hon. Members, before we proceed with the debate, I would like to acknowledge students from Nanyuki Comprehensive High School, Laikipia East Constituency, Laikipia County who are seated in the Public Gallery. You are welcome to continue observing the proceedings of the National Assembly.
The next opportunity goes to the Member for Kirinyaga, Hon. Njeri Maina.
Thank you, Hon. Temporary Speaker. I rise to support this Motion and congratulate Hon. Dorothy. I have noted that she is very avid in matters to do with special interest groups and mental health issues. While Article 54 of the Constitution of Kenya provides that every person living with disabilities is entitled to access assistive devices to become as independent as they can, it goes without saying that these devices are not always accessible. If and when they are, PWSDs still need human assistance to cater for their needs. Some need round the clock care and some are bedridden. Therefore, it goes without saying that caregivers cater for their needs on a 24/7 basis and do not have the luxury of eking a living. Therefore, it is important that as we progress we appreciate that the Government has been disbursing Cash Transfer for Persons with Severe Disabilities on a monthly basis. The loophole of the need to cater for the caregivers needs to be addressed by this House. This is why this Motion is very timely because we must think about catering for them. Given that they cannot eke a living yet most of these caregivers are family members. You find that sometimes there are child-headed families because the people who need care are the parents. Therefore, it is important to ensure that we support them by discussing how we can ensure there is a budgetary allocation to cater for their needs.
As I conclude, I want to appreciate Members for commending County Members of Parliament for trying to cater for the needs of PWSDs. As I have said several times, we need to enhance their allocation to enable them execute their mandate, as per the Constitution, of catering for special interest groups. I also wish to note that Ksh2,000 provided to PWSD is insufficient. My concern is that the term ‘severe disability’ might be abused in regard to visually impaired persons who also need 24/7 care and hearing-impaired persons who need someone who has knowledge of sign language to cater for their needs. Let us expand the meaning and definition in the policy provided by the Ministry in order to cater for visually impaired persons and those with hearing impairment. Thank you, Hon. Temporary Speaker. I support 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
(Hon. (Dr) Rachael Nyamai): Thank you, Member for Kirinyaga County. Hon. John Mutunga, Member for Tigania West Constituency.
Thank you very much, Hon. Temporary Speaker, for the opportunity to support this Motion. Today, we are discussing a very important category of Kenyans. People who have no option other than offer caregiving services and cannot run away from it. It looks like when we think about anything, we believe the Government should support. Our friends in the Opposition, especially the Member who spoke before the Member for Kirinyaga County, believes that anything the Government does is wrong and it is mistreating people. That is a wrong way of approaching politics. We understand there are three arms of Government; the Executive, the Legislature and the Judiciary. So, he is Government and we are also Government in this House. We only have the Majority Party and Minority Party sides. Caregivers are people who must give assistance and support to others in need because they are incapacitated in one way or another. It is important to note that caregivers have absolutely no option other than live with the people they support yet they live in this country under the same economic and weather conditions like us. They need to live a happy life as well and have needs which must be met in one way or another. Somehow, they have been surviving all along, probably, through the assistance the Government gives to PWSDs. So, they need a safety net because they also have needs. Sometimes, caregivers hide their kin living with disability. The reason being that circumstances are too demanding that they must go and fend for their own survival. Therefore, they do not declare the situation of their kin. We need to alleviate caregivers from such situations and help them to live a normal life and be encouraged to support PWSDs by holding their hands, cleaning, and preparing food for them. Having said that, let us look at the Government which is targeted to assist in everything. When we talk about it raising revenue, we hear a lot of noise especially from the Opposition. The Government is bombarded with every need. Yes, we realise the importance of supporting anything which needs support, but this Government needs to raise revenue. We are saying that it should not borrow money so as to reduce the extent to which it is committing this country to other countries yet we must be in a position to take care of all these needs. Caregivers have to live with PWSDs but sometimes they are unable. Also, some cases are very demanding that caregivers are unable to fend for themselves. Some may be very poor and need to be salvaged from poverty. An additional burden of having a person with a disability in a homestead means further impoverishment. That is, probably, one of the key reasons the sponsor of this Motion brought it here. Hon. Temporary Speaker, we have various types of disabilities like mental disability which may lead to a person being contained. Containment measures require almost 100 per cent surveillance and extra hands from a person who is tied up and cannot fend for themselves. Others have physical disabilities and may need to be moved from one place to another or assistance in various ways. Therefore, the caregivers time is tied up. Others may have visual disabilities requiring them to be guided when going somewhere. Different types of disabilities demand for the attention of the caregivers who have not applied to be in that situation. They just found themselves there naturally. That is why we need to look into this problem. We need to consider caregivers in as much as we are trying to support PWSDs and look at how we can encourage them by supporting their livelihood, therefore, improving their living standards. Financial instability is common in this country. We cannot assume that somebody who spends most of their time caregiving is earning a living. So, it is important for us to look at how we can support them. Somebody may ask: “How do we get to know who the caregivers are?”. Sometimes one may wonder whether it is parents, a brother or a sister. There is need for thorough scrutiny 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
who in a family set up is the caregiver. This will ensure that when we start supporting them, it will be the right person. There must be some form of registration and linkage. I know PWDs are registered and have an identity card, which gives them special benefits as Kenyans. The caregivers also need to be practically identified and linked to the care they give. Hon. Temporary Speaker, that is when we will probably have them properly taken care of. What kind of safety nets are we talking about? In this particular respect, we are talking about cash transfers. We need to broaden our scope and look at what else we can do and the opportunities we can give to the caregivers. In this country, there is a policy for giving preferential treatment to Persons with Disabilities (PWDs). It would also be wise for us to look at the relevant legislation that includes those who are taking care of PWDs depending on the levels and extent of disabilities so that they can also get support from the Government or preferential treatment when it comes to getting job opportunities and so on. This Motion has come at the right time. I support that the Government looks into possibilities of assisting the caregivers so that they can render services willingly, and happily and live like other Kenyans because they are discriminated against under the circumstances. Hon. Temporary Speaker, I support. Thank you.
(Hon. (Dr) Rachael Nyamai): Thank you. Hon. Phylis Bartoo, Member for Moiben.
Thank you, Hon. Temporary Speaker. I also rise on behalf of the great people of Moiben Constituency to contribute to this very important Motion on providing a safety net for caregivers of persons with severe disabilities. Anybody can be disabled at any time. You can be well today, but tomorrow be a victim due to the nature of society. As I was coming this morning, I saw a motorbike rider being hit by a car and he broke his legs instantly. Disability is not something that is fixed. It can happen to any one of us. Article 28 of the Constitution provides that every person has inherent dignity and the right to have that dignity respected and protected. Article 43(3) of the Constitution provides that the State shall provide appropriate social security to persons who are unable to support themselves and their dependents. The caregivers of PWD play a very important role. From the look of things, there is no clarity on where they fall in our Constitution. The population currently of PWDs is 2.2 per cent which is a huge number of people. I am sure it keeps on increasing. They need to be protected and taken care of. The people who do this job are the caregivers. These caregivers need a source of livelihood. It requires a lot of time and energy to take care of someone who has severe disability. It is draining and affects one psychologically and emotionally. If these caregivers are not provided for, it can be very challenging. A monthly stipend of Ksh2,000 as alluded to in this Motion is not enough to provide for accommodation, transport and food. I think we should look at this amount of money. It is also important that the caregivers are identified and vetted so that we have a distinct number of these caregivers who take care of the PWDs. Most of the PWDs are hidden as the caregivers leave them in houses to go to look for livelihoods. They do not want to be identified as their caregivers. We should not only look at the PWDs but also the elderly. The Government is already providing cash transfers for widows and PWDs, but who takes care of them? We even find that sometimes crooks take advantage, withdraw and take away their money because they know that these people are not capable of withdrawing the money. However, if we have specific known caregivers with identity cards just like those of the PWDs or the elderly, it is going to be very easy to manage the situation. We should also look at accommodation. The Government is in the process of providing affordable housing to Kenyans. This category of people; the caregivers and PWDs should also be catered for so that we have spaces where these people with severe disabilities are housed 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
especially those who do not have family members or a place to call home. Sometimes we have others loitering in the streets for lack of a place to stay or call home. So, the Government can go further with the process of providing houses for other Kenyans and identify a space where we can put the PWDs together and have a combined effort of taking care of them by having some caregivers take care of them during the day and others during the night. It is not easy for people to volunteer to just take care of someone. If the PWDs are put together in a home, for instance, and people are assigned duties such as feeding, taking care of them, looking at their medical needs and all other issues related to them, I think it is going to be in order. If you look at the society at the moment, in every 10 homes, there is always one PWD. The people who are taking care of these people are strained and some even run away. We also have those who have been left to live on their own. Nobody cares about them. There are those whose relatives feel ashamed to be identified with them and are just left on their own. So, how I wish we re-look at these caregivers, identify and vet them, and ensure they are remunerated just like the way we pay salaries to our civil servants such as teachers and Members of Parliament. It will become work with a job description on what they are supposed to do when they wake up every day early in the morning. That way, people living with severe disabilities will be catered for. Family members do not always accept to take care of them. If we mainstream the job and give it a description, it will go a long way in shaping this. As proposed before, these schemes should be re-looked into and merged so that we have one welfare for the elderly and everybody else.
Thank you, Hon Temporary Speaker.
(Hon. (Dr) Rachel Nyamai): Hon. Joyce Atieno Osogo Bensuda, Member for Homa Bay County.
Thank you, Hon. Temporary Speaker for giving me this opportunity. I rise, on behalf, of Homa Bay County to support this critical Motion on providing a safety net for caregivers of persons with severe disabilities. It has been brought by Hon. Dorothy Ikiara, a very strong member of the Decentralised Funds Accounts Committee. As a colleague, I must support and acknowledge the sensitivity of women on sensitive issues around their environment. No wonder, she has looked into this as a critical area that needs to be addressed by this House through the Motion on providing safety nets for caregivers who take care of those who are really disabled among us. Hon. Temporary Speaker, this Motion requires synergies. Hon. Ikiara has brought up an issue that should make us, legislators, think how various departments or ministries should create synergies to ensure that caregivers are operating in conducive environmental situations besides the stipend that we are advocating that also needs to be given to them. From my experience and observation, caregivers are of various cadres. Along the streets, we find the ones, whom at observation, are themselves vulnerable, some of them are underage and some are malnourished. At the same time, they take care of the disabled. In terms of synergies, I would like this Motion to go a notch higher and ensure that other than the department of social protection, the Ministry of Health comes on board to ensure we have adequate data on the caregivers themselves. County governments have social centres, dispensaries and health centres. Alongside that, we would like to map out a clear registry. As it has been said by other contributors, we need to have data centres on caregivers with adequate data information to give us prior information on who should be a caregiver. We cannot have the underage taking care of those who are disabled simply because we do not have clear policies and because they are relatives of these people. Some of these people are so much disabled to a point that no one wants to come to their aid. This must be clearly spelt out. Still on synergy, the Ministry of Transport should also come on board because the majority of the disabled we see in the streets need actualisation of non-motorised transport. 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
These policies are in the shelves because we do not have clear implementation on non- motorised transport systems so that safety of the caregivers, other than the stipends that we are talking about and the financial support that the Motion is also addressing, can be realised and achieved. This is a very ripe time because recently we debated the Budget Policy Statement (BPS). I believe it is time that this must be factored in and realised. Hon. Temporary Speaker, still on the synergy to support the Motion, the Ministry of Education should come out clear and map out the students who are along the streets. I remember some years back, there was a proposal to ensure that all children who were found along the streets were to be removed. I do not know what happened because there has been laxity on that. We still see young children on the streets with tins, pushing and supporting the disabled, and at the same time saying nisaidie. At what point as a Government are we going to clearly come out so that what we state is what we act upon and implement? Hon. Temporary Speaker, the PWDs need a lot of care. Recently, I attended the launch of the National Council for Persons with Disabilities (NCPWD) Strategic Plan for 2023 - 2027. It is a great concern that the caregivers and PWDs have not been given much financial support that is required. Even NCPWD requires adequate financing. I agree and support the Deputy Whip of the Majority Party who talked about the high cost of living, and that people cannot put food on the table. When he said that, I was just smiling because this is what we have been fighting against. I was very happy. I wish she were here. She has just left the House. This is the time that I must shake hands with her and tell her that she has really hit on that point. It is not only ourselves, the people without disabilities, at this time which God has given us this opportunity, who suffer under the high cost of living. What about the caregiver who is doing voluntary work and has denied herself/himself the equal opportunity of going to find food to put on the table? How are we going to empower them? It requires serious synergy; it requires serious public participation; it requires coming together and deliberating on how we are going to have speedy provision and support for the caregivers. This brings me to the point that the Ksh2,000 that has been proposed is not adequate. If the data is very clear, the age limit for caregivers is identified and mapped out. It must not just be left to the family members. Hon. Temporary Speaker, I agree that disability can afflict anybody at any point and at any age. It does not discriminate. This burden of leaving the responsibility to the caregivers is not right. At times we have situations where the person with disability is the only person existing in a family. In such a case, who will take care of the person with disability? I believe that this is an area that this House should take up seriously. We need to look into the caregivers’ social and economic welfare, safety, environmental operations and the labour they are sacrificing to take care of others. I support and believe that if we truly work hard as legislators representing PWDs, it is going to come out clearly. In conclusion, as County Women Members of Parliament, we are elected to ensure that affirmative action is realised, and that the vulnerable communities, women, youths and PWDs are supported. We do not need to beg any further. If we are honest and the contributors in this House are very honest that we really need to represent the PWDs, any time the National Government Constituencies Development Fund (NG-CDF) is advocating for anything, and any time the narrative in this House is on NG-CDF, the National Government Affirmative Action Fund (NGAAF) must also be there. That should not be a mere joke. We represent the PWDs, and caregivers are part of persons with disabilities. It is time to stop telling stories. We have various constituencies that we are standing in for. So, we must be true to the course of why we are elected. Thank you, Hon. Temporary Speaker.
(Hon. (Dr) Rachael Nyamai): Hon. Jayne Kihara, Member for Naivasha. 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
Thank you, Hon. Temporary Speaker for noticing me. I have seen very many Members who have come after me and they have contributed. I was wondering whether my card is working or not. I would have wanted to speak when Hon. Atandi was here. He brought a lot of jokes and politics as if he was addressing baba . I know baba would not have taken those sentiments seriously now that we are supporting him for the Chairmanship of Africa Union Commission. I am sure he would not have loved what Hon. Atandi was saying. Hon. Temporary Speaker, I wish to congratulate my sister, Hon. Dorothy. This is a very important Motion that all of us must support. Hon. Temporary Speaker, I woke up to disability when I saw on television a child who had been kept under a barn with chicken only to realise that he was coming from my constituency. The mother of that child had six other children, and did not know what to do with him. She just left him there, never bathed him, never shaved his hair, never removed his teeth nor did anything for him. He was full of fleas and jiggers, and because he lived with the chicken in the barn, he did not know how to talk but only crowed like a chicken at 3.00 a.m. That was a child whose parent did not know what to do with him. I, therefore, started advocating for PWDs. As Hon. Mutunga has said, these people hide the persons with disabilities One, is because they are not able to take care of them and secondly, because of the stigma. When we started advocating by giving them presents and going around while identifying them, we realised that we needed an information and resource centre, which I opened – the Disability Resource and Information Centre (DRIC) located near the hospital. The DRIC is where we bring the disabled and give them information so that they can know that there is something that can be done when they are in that situation. We have not thought much of the caregivers as a country. However, we know that taking care of a disabled person may it be a child or an elderly person is tasking. And we have realised that people grow old to a point that they are disabled, and at some point, would need to be taken care of. On 3rd December, the International Day of Persons with Disabilities (IDPD), we ferry them to our functions or to their functions because we understand their problems. These people do a lot of work. It is actually a full-time job. In my course of work with PWDs, we also had a young girl who had two children with cerebral palsy, and therefore, were not growing up. They were severely disabled, and would not fit in a normal wheelchair, and therefore, had special wheelchairs. That young girl's husband left her, and I do not know why the men are not brave enough to bear the sight of children or PWDs. This girl ended up giving up those children to a home because her friends were all over jumping and enjoying life but, here she was, an orphan, and with children with disabilities, and we could understand. We even tried to open a shop for her so that she could use the room behind to take care of her children as she sells her goods in front but still it was too much for her. This is a full-time job, and they need to be taken care of because there is nothing else they can do. That is the only job that they are doing. As I conclude, one can be disabled at any stage in life, and might need to be taken care of. This problem mostly, gets the people of vulnerable means, and are not able to even feed. Therefore, the chain of poverty goes on and on until people give up in life. I, therefore, think it is timely. It is very timely to consider caregivers because they do so much. You may not be disabled but you are sick and cannot do anything for yourself. Hon. Temporary Speaker, I wish to support and congratulate my sister. I do not know why some Hon. Members are telling me to stop talking. I have a lot to say about disability because this is something I have been doing since I joined Parliament. I got to know something I had never thought about. Thank you very much. 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
(Hon. (Dr) Rachael Nyamai): Hon. Jayne you have 10 minutes. They are telling you to stop talking so they can get a chance but your 10 minutes, is your right. The next opportunity goes to Hon. Japheth Nyakundi, the Member for Kitutu Chache. Hon. Kipsanai, I can see you are being very strategic but you came after him. Please proceed.
Thank you, Hon. Temporary Speaker. I also want to thank Hon. Dorothy Ikiara for bringing this Motion. It is one of the most progressive Motions I have ever seen in this House. This is because caregivers are very important people who support PWDs like our brothers, sisters, cousins and mothers. For sure caregivers do a lot of work. They spend their time caring for PWDs, showing them the way, dressing and doing a lot of things for them. To me, this is a progressive Motion and we should give caregivers social support and cash transfers. We have been giving social cash transfers to the elderly people and this can be given to caregivers supporting PWDs.
We should also give them psychosocial and economic support especially those caring for people with mental disabilities and the very sick. Some of the projects that the Government is doing like the housing project, caregivers should be the first people to be given those houses so they can support PWDs better. Let us support this Motion brought by Hon. Dorothy Ikiara on providing a safety net for caregivers. Thank you.
(Hon. (Dr) Rachael Nyamai): Hon. Rashid Bedzimba, Member for Kisauni.
Asante sana, Mhe. Spika wa Muda, kwa kunipatia fursa hii nami niweze kuchangia Hoja hii. Kwanza, kuwashugulikia walemavu ni baraka kubwa sana kutoka kwa Mwenyezi Mungu. Hata Mhe. ambaye ameleta Hoja hii, tayari ameshapata baraka za Mwenyezi Mungu. Mimi nimefanya bidii nichangie niwe miongoni mwa wale ambao watakaopata baraka.
Mataifa mengi ya kigeni yamepata maendeleo makubwa ama ustawi wa jamii zao kwa sababu ya baraka ambazo wamezipata kupitia kuwashugulikia wale wanaohitaji msaada kama walemavu, wazee na watu wanaoangalia walemavu hao. Kwa hivyo, hii ni jambo kubwa sana. Hata mimi ninasimama kusema, pia wale wanaoshugulikia walemavu wapewe stakabadhi maalum, ambayo wakifika mahali popote…
(Hon. (Dr) Rachael Nyamai): Sorry to interrupt you Member for Kisauni, Hon. Bedzimba Rashid. You have a remainder of nine minutes to debate this Motion.
Hon. Members, I know you have shown a lot of interest. I hope Hon. Kipsanai, Hon. Lillian Siyoi, Hon. Harrison Kombe and Hon. Yussuf Mohamed will be available next time this matter is being debated.
(Hon. (Dr) Rachael Nyamai): Hon. Members, please be upstanding. The time being 1.00 p.m., this House stands adjourned until this afternoon at 2.30 p.m.
The House rose at 1.00 p.m.
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Clerk of the National Assembly Parliament Buildings Nairobi 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