NATIONAL ASSEMBLY

ISSUE 001 JULY 2019

Inside: JLAC Considers New Law to Guide Recruitment of IEBC Commissioners

10 Parliamentary Terms you Should Know

Kenya and Ukraine Parliaments Seek to Entrench Parliamentary Diplomacy

1 ISSUE 001 - JULY 2019 Foreword

t is my pleasure to introduce you to this inaugural During the period under review, the Departmental edition of the National Assembly E-Newsletter Committees on Health and Environment carried out (No.001 of 2019). inquiries on the state of affairs of Referral Hospitals I and a petition against the intended demolition of The unveiling of the National Assembly e-news Seefar Apartments submitted by the Member of Lan- demonstrates our resolve to publicize the business of gata Constituency Hon. Nixon Korir M.P. respective- the House in order to inform Kenyans on a regular ly. Furthermore, reports on Motions introduced by basis on how the Assembly executes its Representa- Members on the Floor of the House, their intention, tion, Legislative, Budgeting and Oversight roles in date of introduction, debate and adoption are provid- Plenary, Committees and at the Constituency level ed in the newsletter. We also provide our readers with in accordance with the provisions of Art. 95 of the a brief on common parliamentary terms used so as to Constitution. improve their knowledge of the procedures of the As- In addition, the publication of this newsletter is an sembly. We also shine light on Public participation as initiative that facilitates public participation in the a constitutional requirement and how it is conducted legislative and other activities of the Assembly in by the Assembly. conformity with the provisions of Art. 118 of the Importantly, the first edition carries a tribute to the Constitution. late Justin Nthiiri Bundi, CBS, retired Clerk of the In this edition, we provide readers with a report on National Assembly whose tenure in executive gov- the visit to the Parliament of Ukraine by the Speaker ernment and parliament was lauded by many people of the National Assembly, Hon. Justin Muturi, M.P. who knew him. and his delegation during which it was agreed that Lastly, I hope that your interaction with this first is- the two parliaments establish a -Ukraine Par- sue will offer insights on how to improve the process liamentary Group in order to enhance bilateral en- of disseminating information to the public and ‘take gagements. We also detail the consideration of the Parliament to the people’. We look forward to getting Independent Electoral and Boundaries Commis¬- feedback from you. sion (Amendment) (No. 3) Bill (National Assembly Bills No. 35 of 2019) sponsored by the Member for Baringo North Constituency, Hon. William Chep- tumo who Chairs the Departmental Committee on Mr. Michael R. Sialai, EBS Justice and Legal affairs. Clerk of The National Assembly of Kenya

2 THE NATIONAL ASSEMBLY E-NEWS Contents JLAC Considers New Law to EDITORIAL TEAM Guide Recruitment of Iebc Peter Chemweno - Team Leader Commissoners 4 Mainah Wanjiku House Committee Decries the Joe Okong’o State of Referral Hospitals; Salem Lorot Calls for Urgent Action 6 James M. Macharia 10 Parliamentary Terms you Laureen Wesonga Should Know 9 Winnie Kiziah The Committee on Environment and Natural Resources Tables Report on Seefar Apartments 10 14 Kenya and Ukraine Parliaments Seek to Entrench Parliamentary Diplomacy 12

The Place of the Citizenry in the Legislative Process 14 Brief on Motions 16 12 10

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3 ISSUE 001 - JULY 2019 JLAC CONSIDERS NEW LAW TO GUIDE RECRUITMENT OF IEBC COMMISSIONERS

he Chairperson of the National Assembly’s and Anti-corruption Commission (EACC), the Law Departmental Committee on Justice and Le- Society of Kenya (LSK), the National Gender and gal Affairs (JLAC), Hon. William Cheptumo Equality Commission (NGEC), the Attorney Gener- Thas sponsored a Bill that seeks to amend the First al (AG), the Kenya National Commission on Human Schedule to the Independent Electoral and Bound- Rights (KNCHR), and the Inter-Religious Council of aries Commission Act (No. 9 of 2011). The Bill pro- Kenya (IRCK). vides for the establishment of a Selection Panel to oversee the filling of vacant positions in the Indepen- THE BILL IN A SNAPSHOT dent Electoral and Boundaries Commission (IEBC). Bill’s Title: The Independent Electoral and Boundar- The current First Schedule to the Act only provided ies Commission (Amendment) (No. 3) Bill (Nation- for the recruitment of the current Commissioners of al Assembly Bills No. 35 of 2019) the IEBC. Publication Date: 12th March 2019 The Independent Electoral and Boundaries Commis- sion (Amendment) (No. 3) Bill (National Assembly First Reading: 9th May 2019 Bills No. 35 of 2019) was published on 12th March 2019. It was first read on 9th of May 2019. The Speak- Sponsoring Member: Hon. William Cheptumo er of the National Assembly then committed the Bill to the Departmental Committee on Justice and Legal Departmental Committee: Justice and Legal Affairs Affairs for consideration and facilitation of public Under the existing Schedule, the Selection Panel participation as required under Article 118 of the consists of nine members: Four persons nominated (2010), and Standing Order by the ParlSCom, one person each nominated by the No.127. The Committee is then required to present Kenya Conference of Catholic Bishops (KCCB); the to the House its Report on the Bill within twenty-one National Council of Churches of Kenya (NCCK); the days, after receiving the Bill. Supreme Council of Kenya Muslims (SCKM); the The Amendment Bill, proposes that the Selection National Muslim Leaders Forum (NMLF) and the Panel shall consist of eleven members: Four persons Council of Imams and Preachers of Kenya; the Evan- nominated by the Parliamentary Service Commis- gelical Alliance of Kenya; and the Hindu Council of sion (ParlSCom), one person each nominated by Kenya. the Public Service Commission (PSC), the Ethics

4 THE NATIONAL ASSEMBLY E-NEWS In the Bill, the Clerks of Parliament, and not the ParlSCom, shall provide the secretariat services and facilities required by the selection panel in the perfor- mance of its functions.

There are two other Bills that also seek to amend the In- dependent Electoral and Boundaries Commission Act: The Independent Electoral and Boundaries Commis- sion (Amendment) Bill 2019 (National Assembly Bills No. 24 of 2019) sponsored by Hon. Jude Njomo and the Independent Electoral and Boundaries Commission (Amendment) (No. 2 Bill) (National Assembly Bills No. 30 of 2019) sponsored by Hon. Jeremiah Kioni, Chair- person of the Constitutional Implementation Oversight Committee.

QUICK FACTS ABOUT THE BILL

5 ISSUE 001 - JULY 2019 HOUSE COMMITTEE DECRIES THE STATE OF REFERRAL HOSPITALS; CALLS FOR URGENT ACTION

Committee led by Sabina Chege meets to discuss state of referral hospitals

n an effort to streamline the operations of health ensure an improved funding to bridge the facility’s facilities under the management of National Gov- budgetary shortfalls. ernment, the National Assembly Departmental Additionally, the Committee called on the Ministry ICommittee on Health, chaired by Murang’a County of Health, to ensure that Kenyatta National Hospital Woman Representative, Hon. Sabina Chege, em- gets substantive leadership and its budgetary alloca- barked on an inquiry into the operations of the four tion is enhanced. The report also recommended that major referral hospitals in the country. the and the Kenya Ur- During its investigation, the committee established ban Roads Authority immediately compensates the that, finances, staffing challenges, congestion, and a hospital for the land acquired for road construction. lack of clear guidelines on their operations, have con- Among other proposals was the suggestion that the tinued to be the greatest impediments to the smooth National Hospital Insurance Fund (NHIF) and Ken- running of these referral institutions. ya Medical Supplies Authority (KEMSA), as enablers In its report tabled before the house on 9th May, 2019, of Universal Health Coverage (UHC), immediately the Committee among other things; recommended boost the capacity of these hospitals to support UHC for the full autonomy of the Mathari and National as part of the government’s Big Four Agenda items. Spinal Injury referral hospitals, with improved fund- Mathari Hospital Run-down ing by the government. In Mathari Hospital, the Committee found a hospital While addressing the widespread challenges faced by under perpetual neglect by the Ministry of Health, these hospitals, the committee issued a directive that with its facilities run down and dilapidated. Accord- the State Department of Correctional Services, and ing to the report,it is run as a department of the Min- the Mathari Hospital review the status of the facility’s istry, starving it of the autonomy it requires, especial- maximum security wing. At the same time, the Com- ly financially, to be well managed. mittee further recommended the expansion of the Moi Teaching and Referral Hospital in Eldoret, in or- “As a result of the budgetary constraints, the current der to offer better services to the numerous patients hospital infrastructure is dilapidated, run down and who throng the facility in search of medical services. does not meet the norms and standards of a referral The expansion of the health institution would also and teaching facility,” the report reads.

6 THE NATIONAL ASSEMBLY E-NEWS Neglected patients, many of whom lack NHIF mem- the case of the Mathari hospital, the hospital is also bership cards also pose a challenge to the smooth owed Kshs. 6 million by NHIF from unsettled claims. operations of this facility. For patients that use the Most of the equipment is also donated by well-wish- insurer, the NHIF takes inordinately long periods to ers, most of which are now non-operational, due to compensate the hospital. lack of service contracts that makes it hard and ex- The committee further noted that Mathari Hospital pensive for the hospital to repair the equipment upon has an acute staff shortage in all cadres numbering damages. at only 386 staff members against a recommended At the spinal injury hospital, the committee further 1,077. Examples cited include the fact that the hospi- discovered that 40 per cent of patients die or develop tal operates with only 164 nurses against the required more complications two years after being discharged. 500 nurses, 11 psychiatrists against a required 20 and “Those who manage to make it to the hospital and only five clinical officers against a required 10. later discharged face poor follow-up with high mor- “Currently, the budgetary allocation for salaries or bidity and mortality. A cross-cutting study (unpub- compensation to employees is Kshs615 million. lished) showed 40 per cent mortality at two years However, the hospital does not utilize the allocated post-discharge,” noted the report. amount fully as a result of non-exchequer releases,” The committee, in its report, also faulted the Kenya the report read in part. Urban Roads Authority and the National Land Com- The committee also noted the facility has a serious mission for hiving off seven acres of the facility’s land funding problem after its budget was slashed from worth Kshs. 4.2 billion that was meant for expansion Kshs.114 million to Kshs. 92 million. This has been of the hospital, to build a road without compensa- worsened by the failure of NHIF to reimburse the tion. hospital Kshs105 million. Over-Stretched Moi Teaching & Referral Hospital The Old and Dilapidated National Spinal Injury According to the report, the Moi Teaching and Re- Referral Hospital

Committee tours The Spinal Injury Referral Hospital

The committee, in its quest for facts, established that ferral Hospital suffers the burden of serving patients the National Spinal Injury Hospital was built on a from 21 counties in the rift valley and western re- small piece of land decades ago, leaving no room gions of the country. According to the report tabled for expansion despite the fact that it had been estab- by the Committee on Health, the Eldoret-based lishment to serve patients from across the East and hospital serves about 25 million people living in 21 Central Africa. The hospital has a bed capacity of 35 counties in the Western region and beyond. and at any given time, the beds are always fully oc- “Despite a bed capacity of 900, the facility experienc- cupied, which delays admission for waiting patients, es a daily patient workload of 1,500 outpatients and the committee heard. 1,200 inpatients and bed occupancy of 110 per cent. “The hospital is in an appalling situation, character- This is because of high patient numbers occasioned ized by dilapidated buildings, and no significant ex- by the dual function of the hospital as a referral and pansion since Independence,” States the report. as primary healthcare centre,” the report says. The facility also has an acute shortage of staff in all The committee further noted that the MTRH is fac- cadres coupled with stagnation of staff due for pro- ing serious cash flow problems caused by waivers motion, and this hurts their morale, thus the reluc- and bad debts that stood at Kshs. 828.3 million as at tance to deliver the best services possible. Like in

7 ISSUE 001 - JULY 2019 The Biggest and over-burdened Kenyatta National Referral Hospital Kenyatta National Hospital, at the time of these in- vestigations, lacked a substantive chairperson of the board, as well as a CEO. The committee observed that the hospital is unduly overstretched and has previously faced several crises, caused by grossly in- adequate funding, industrial action, outdated equip- ment, staff inadequacy and suffers the burden from an almost collapsing county healthcare system. The report paints a grim picture on KNH which the committee concludes faces “a near crisis” shortfall of 1, 456 medical workers that has greatly undermined services. January 31, this year. Additionally, the hospital man- “The equipment for intrusive surgical procedures agement had recommended writing off Kshs.500 was not fit for use and the laser machine had a fac- million in collectable debt secured on identity cards tory error. Beds in the wards were not proper as they and commitment letters since it opened in the year could not prop up patients with certain injuries. The 2000. So far, Kshs.1 billion had been waived as at hospital lacked resuscitation equipment and they June 2018, an amount that the committee wants the were not provided with ICT support to make their government to reimburse the facility. work easy and error free”, the report reads. On the flip-side, the hospital has had relative success The committee, in its very expansive and detailed re- in staff management, donor partnerships and has a port, concludes that KNH is “severely constrained” vision for expansion, with just a handful of staff pro- due to underfunding and overcrowding and this has motions’ challenges, as well as payment gaps. seen a lack of plant and equipment maintenance and “Discrimination in payment of practice allowance replacement. The facility reportedly treats an average had resulted in demotivation as student registrars of 2,093 inpatients daily, despite having a bed capac- earned more than medical doctors lecturers, who felt ity of 1800, while it treats about 2,500 outpatients that they equally qualify for the allowances paid to daily. doctors working in public hospitals.” said the report. “The hospital is overcrowded due to broken referral systems. The hospital also closed its outpatient clinic that had been previously used to de-congest the main hospital,” Hon. Chege’s committee concludes.

Ke

8 THE NATIONAL ASSEMBLY E-NEWS PARLIAMENTARY TERMS YOU SHOULD KNOW

Legislative Proposal: This is a draft Bill which Committee of the whole House: This is a tech- undergoes a stage called prepublication scrutiny nical term used to refer to when the House re- or Budget Committee recommendation, where solves itself to consider questions or Bills which 1applicable, before it is published as a Bill. 6the House commits to this committee. All Bills that 10 have received a second reading are referred to a Committee of the Whole and it is during this stage that amendments to the Bill are moved. Bill: A Bill is a proposed law introduced in either of the Houses of Parliament after it has been published in the Kenya Gazette. Bills are 2meant to introduce a new legislation, to amend or Speaker’s Rules: These are rules by the Speaker repeal existing law(s). to regulate conduct of Members of the National Assembly and orders regulating admission and 7conduct of visitors in the precincts of Parliament. Motion: This is a proposal by a Member of Par- liament that the National Assembly takes a cer- tain decision on a matter. Standing Orders: These are rules that govern 3 the procedures of the National Assembly and of 8its committees. Order Paper: It is the paper showing the busi- ness to be placed before or taken by the House on a particular day, published and circulated by Communication from the Chair: These are 4the Clerk. messages or rulings by the Speaker on an im- portant matter for the Member’s information or 9on an important question asked by a Member. Petition: When one petitions the National As- sembly, he or she seeks the intervention of the House to consider the matter and to make res- Mediation: This is a process that occurs 5olutions addressing the Petitioner’s concerns. This is when one House of Parliament has reject- done through a written prayer. ed amendments passed by the other House 10and the mediation committee seeks to develop an agreed version of the Bill.

9 ISSUE 001 - JULY 2019 THE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES TABLES REPORT ON SEEFAR APARTMENTS

Seefar Apartments in Nyayo Highrise Estate, Nairobi

he Departmental Committee on Environ- allegation that they had been constructed on the ri- ment and Natural Resources has recommend- parian land along the Nairobi Dam and Ngong River. ed that Water Resources Authority (WRA) The Committee was however, informed that this de- Tand National Environment Management Authority velopment had been approved by NEMA and WRA (NEMA) indefinitely extend the suspension of dem- prior to its establishment. In spite of this fact, in- olition orders of Seefar Apartments. spectors from NEMA visited the apartments on 12th The Committee chaired by the Member for Maara October, 2018, and issued an Improvement Notice. Constituency Hon. Kareke Mbiuki was seized of the The Notice required Edermann Property Limited to matter following a petition by the Member of Par- demolish the structure within 14 days contrary to its liament for Langata Constituency, Hon. Nixon Ko- earlier admission that the property was not on ripar- rir. The petition was presented to the House on 15th ian land. November, 2018. It was subsequently, committed to The petitioners had two prayers for the Departmen- the Departmental Committee on Environment and tal Committee. One that the Committee intervenes Natural Resources for consideration pursuant to and causes the stay of the earmarked demolition Standing Order No.227. pending conclusive investigations, and two, that the Seefar Apartments consists of a development com- Committee makes any other order or direction that it prising of 288 residential houses located within deems fit in the circumstances of the matter. Nyayo Highrise Estate along Mbagathi Road in Nai- The Committee in a meeting held on 22nd Novem- robi. ber, 2018, received both oral and written submission NEMA issued an Improvement Notice (NEMA/5/4/ from the petitioners, the Cabinet Secretary Minis- Vol.II) while WARMA issued Order Serial No. 30366 try of Environment and Forestry and officials from earmarking the apartments for demolition on the the Ministry of Water and Sanitation. This was fol- lowed by an inspection visit to the apartments on 6th

10 THE NATIONAL ASSEMBLY E-NEWS March, 2019 to assess the situation on the ground. are established to be inconsistent with the law; Having reviewed both the oral and written submis- In addition, that the Ministry of Environment and sions before it, the Committee observed that the no- Forestry, the Ministry of Water and Sanitation and tices for demolition issued by NEMA and WRA were the County Government of Nairobi set up a taskforce wanting since the same entities had given approvals to undertake comprehensive study on the safety of for the construction of the apartments. The Commit- the Nairobi Dam, its potential and the socio-eco- tee also noted that doublespeak by the Government nomic implications of rehabilitating or decommis- agencies was scaring away investors in real estate in sioning it; the country. Further, that the Inter-Agency Technical Team com- The Committee observed laxity and lack of diligence missioned to assess the safety and viability of the dam among some officers at NEMA and WRA. This ob- expedites its report to facilitate further discussion servation was informed by the fact that it had taken between the home owners and the Government to too long to establish the alleged encroachment on determine the way forward; the said riparian zone. They noted that the officers Additionally, that the Ministry of Water and Sanita- directly involved in the approvals, that were being tion and the Ministry of Environment and Forestry questioned, ought to take responsibility for this lax- spearheads consultations with the Ministry of Lands ity. and Ministry of Agriculture to harmonize the defi- Further, the Committee observed that the Govern- nition of the riparian land. Subsequently, they are to ment was engaged in erratic demolition of buildings submit an amendment to Parliament for consider- and therefore there was need for a structured, sys- ation and enactment; tematic demolition of identified structure. If this was Moreover, that the Government adopts a harmo- not done, the entire exercise risked being viewed as nized position relating to the principles and process- discriminatory. es of demolition so as assure the investors that the The Committee also made other recommendations exercise is being undertaken in a manner that is not as follows; one, that NEMA and WRA undertake an discriminatory; audit of all the licenses issued across the country to Finally, that the Ministry of Water and Sanitation ex- verify levels of compliance with license conditions, pedites the installation of sewer line/facilities under the extent and reasons for causes of non-compliance, the Nairobi Regeneration Programme to mitigate the if any. This should be done with a view to taking ap- pollution of Nairobi Dam by effluent from the neigh- propriate action against any person whose actions boring residential areas.

11 ISSUE 001 - JULY 2019 KENYA AND UKRAINE PARLIAMENTS SEEK TO ENTRENCH PARLIAMENTARY DIPLOMACY

Speaker Muturi and his Ukraine counterpart, H.E. Andriy Parubiy address the media shortly after holding bilateral talks at the Verkhorna Rada ( Parliament of Ukraine)

enya and Ukraine are set for high level Par- Mr. Parubiy thanked Kenya for her continued stance liamentary engagements, following an agree- in recognizing the territorial integrity of Ukraine in ment by the respective heads of the two the international fora, adding that Ukraine regards Klegislatures towards enhanced Parliamentary col- Kenya as a strategic partner in her bid to earn a foot- laboration and sharing of experiences with regard to hold in Africa. Kenya was among the first African Parliamentary practices and procedures. countries that Kyiv established bilateral relations During a bilateral meeting when he visited Ukraine with, soon after Ukraine’s independence in 1991. Al- mid-May, the Speaker of the National Assembly, though Kenya is yet to establish a Mission in Kyiv, Hon. Justin Muturi and his host counterpart, Chair- Ukraine currently has a mission in Nairobi and an person of the Verkhovna Rada (Speaker of the Par- honorary consulate in Mombasa city. liament of Ukraine), H.E. Mr. Andriy Parubiy, un- On his Part, Speaker Muturi, accentuated that Kenya derscored the place of Parliamentary engagement in has immense veneration for the right of a people to advancing bilateral relations in modern diplomacy. self-determination as a cardinal principle in modern In this regard, the two agreed to the establishment international law, adding that the government of of a Kenya-Ukraine Parliamentary Group, as the first Kenya adheres to the principle of respect for territo- step towards enhancing their bilateral engagements. rial integrity of other nations. The two further noted that Parliaments world over On Parliamentary collaboration, Speaker Muturi have a crucial role in advancing their respective na- noted that the National Assembly of Kenya would tional interests at the international arena, adding that be interested in tapping from the Ukranian Parlia- Legislators hold the highest degree of legitimacy as mentary unique budget making model and as well as they represent people from all walks of life. They from their progressive taxation regime, both forming observed that increased inter-parliamentary inter- part of the Ukraine’s Public Finance Management re- actions would facilitate the development of cooper- forms, that Kyiv has made a key priority. ation in the political, social, economic, humanitarian and other areas of mutual interest. “ Mr. Speaker, I have seen an impressive report of

12 THE NATIONAL ASSEMBLY E-NEWS Speaker Hon Justin Muturi signs the visitors book at the Ukraine Parliament the Members of the Budget and Appropriations the necessary knowledge transfer for the realization Committee who in March 2017, visited the Parlia- of better Agricultural Policies. ment of Ukraine on a study tour, and I hope that the Speaker Muturi further invited Ukraine to explore Departmental Committee on Finance and National the importation of Kenyan coffee, tea and flowers Planning could undertake a similar tour to study terming them as among the best exports Kenya of- your very progressive Public Finance Management fers to the rest of the world. Terming Kenya as the system”, Speaker Muturi observed. gateway to East and Central Africa, Speaker Muturi Speaker Muturi who was in Ukraine on a 4-day visit extolled the huge market that the region possesses on the invitation of Mr. Parubiy also held meetings for Ukraine investors, and urged them to seek in- with the Prime Minister of Ukraine, H.E. Mr.Volo- vestment in irrigation for a guaranteed return on dymr Groysman, and the Minister of Foreign Affairs, investment. H.E. Mr. Pavlo Klimkin. On his part, the Minister of Foreign Affairs, H.E. Mr. Mr. Volodymyr Groysman, challenged Kenya to seek Pavlo Klimkin, who had visited Kenya in 2018, also more areas of economic collaboration so to address urged for increased trade between the two countries, the current trade balance which currently stands at noting that in the future it would be important to under $70 Million. He noted that despite Ukraine explore the development of a bilateral aviation agree- having established relations with Kenya in 1990m ment with an aim to promote direct flights between there had been little economic collaboration and the two countries. Ukraine’s national airline, the urged for the employment of deliberate efforts to en- Ukraine International Airlines has a fleet size of Ken- hance the existing relations. ya Airways and is a member of the Sky Team. “I am happy Mr. Speaker that you came to visit Kyiv. He further implored upon Kenya to establish a more I wish to invite your government at the highest trade permanent representation in Kyiv, noting that it policy development level to Kyiv to share with us would help to foster closer ties as well as open up your rules of business and the existing opportunities other ways of collaboration between the two coun- in trade”, he urged. He further appealed to Kenya to tries. Currently, Kenya is represented in Kyiv by the establish a fully-fledged mission in Kyiv so as to fa- country’s mission in Moscow Russia, although Kenya cilitate the fostering of the envisaged economic col- has an honorary consulate run by Dr. Anatolina A. laboration. Kovalenko. On his part, Speaker Muturi noted that Ukraine has Speaker Muturi was accompanied by MPs, Hon. created a niche in the Agriculture sector which Ken- (Dr.) Rachael Nyamai, Hon. Andrew Mwandime, ya would be keen to tap into in her bid to address Hon. Moses Kirima, Hon. Jane Njiru , the Clerk of food insecurity in the country. He further noted that the National Assembly, Mr. Michael Sialai and the collaboration between the two countries’ Parliamen- chargé d’affaires in charge of Kenya’s Mission in Mos- tary Committees on Agriculture would help generate cow, Ms. Winnie Mbala.

13 ISSUE 001 - JULY 2019 THE PLACE OF THE CITIZENRY IN THE LEGISLATIVE PROCESS

(Above and below) The Justice and Legal Affairs Committee during a public hearing in Wajir East with regard to the Constitution of Kenya (Amendment) Bill 2018 on the Two-Thirds Gender Principle.

ublic participation is the engagement of the public in the legislative process and other busi- ness of the National Assembly and its Commit- Ptees as contained in Article 118 of the Constitution and giving full consideration to public input in de- cision making. The National Assembly usually seeks for public views when considering bills, vetting of nominees to various positions, budget process, when considering petitions and inquiries etc.

Importance of public participation

Public participation helps in:

1. Informing the public through provision of infor- mation which will help them understand issues, op- How the National Assembly conducts public tions and solutions; participation

2. Collaborating with the public in order to come up To actualise public participation in the National As- with the best decision; sembly, Committees try their best to get opinions on issues under consideration from as many members 3. Getting public opinion and information especially of the public as possible. from stakeholders on legislation and other business being considered by the National Assembly; Standing Order 127 (3) provides that the Depart- mental Committee to which a Bill is committed shall 4. Empowering the public by making them feel part facilitate public participation on the Bill through an of the decisions taken by the National Assembly. appropriate mechanism, including inviting submis-

14 THE NATIONAL ASSEMBLY E-NEWS sion of memoranda; holding public hearings; con- taken although the National Assembly, through its sulting relevant stakeholders in a sector; and consult- Committees puts their views into consideration ing experts on technical subjects. The Departmental when making their decision. There are times when Committee is required under Standing Order 127 the Committees adopt the stakeholder’s views in to- (3A), to take into account the views and recommen- tality, partly or rejects them in totality. dations of the public in its report to the House. What is the way forward? In most cases, an advertisement seeking for informa- tion from the public is placed in at least two newspa- Through public participation, the National Assembly pers of countrywide circulation. In addition, infor- has been able to make better decisions that are easily mation is sought from stakeholders who are directly implementable because of the additional informa- affected by the business under consideration through tion obtained from public input. Public participation letters. Once memoranda are received from members has also given members of the public a way through of the public, they may be invited to appear before which they can air their views and be heard. the Committee to provide additional information. In In conclusion, members of the public can participate other cases, Committees also hold public hearings in in the business of the National Assembly through areas that are likely to be affected by certain issues petitions or attend any meeting of a Committee of under consideration in order to seek for the locals’ the National Assembly except in circumstances de- views on the matter. termined by the Speaker as provided for in Articles It is important to note that several stakeholders may 119 and 118(2) of the Constitution of Kenya and give their views on a particular matter. However, it Standing Orders 220 and 198 of the National Assem- is not a guarantee that a stakeholder’s view will be bly respectively.

Community baraza on public participation in the oil exploration activities in Lokichar, Turkana.

15 ISSUE 001 - JULY 2019 BRIEF ON MOTIONS

1.On formulation and implementation of a policy Ward, Location and Sub-locations headed by Coun- on recruitment and remuneration of Village Elders ty Commissioners, Deputy County Commissioner, Mover/Sponsor: Member for Tharaka Constituency Assistant County Commissioners, Chiefs and Assis- (Hon. Gitonga Mungara) tant Chiefs respectively. Assistant chiefs are however assisted by ‘voluntary’ village elders who help in the Notice of motion given on: 28th February 2019 administration of these units. Debate & Adoption: 27th March 2019; 3rd April Whereas all these officers are remunerated by the 2019 government, village elders are not. It is for this rea- Purpose/Intent of the Motion son that the motion sought to urge the government The motion sought to urge the Government to pro- to consider stipends/appreciations for these largely vide a stipend/honorarium to village elders who sup- volunteer administrators. port the National Government administrators in car- During the debate on the motion, Members appre- rying out duties in the grassroots. This was premised ciated the traditional/cultural role that these elders on the knowledge that though village elders are not continue to do similar to the traditional court elders employees of the government, they play a critical role who would sit around the local kings/chiefs to advise in supporting the local administration in governance and guide in decision making. through the established national government coordi- Proposed Action and Way forward nation structures. The motion proposes that a mechanism be estab- Background lished for identification of these village elders who The National Government Administration under will have specific terms of reference. Additionally, the Ministry of Interior & Coordination of National the elders be required to observe strict rules of en- Government is tasked with the duty to, among oth- gagements which are currently not in place. It is fur- er things, oversee implementation of government ther proposed that they be paid a stipend for their projects, conflict prevention and resolution, security involvement in the local administration. management etcetera. In carrying out this mandate, With the motion having been adopted, the resolution the Ministry has cascaded National Government Ad- was forwarded to the Ministry of Interior & Coor- ministration Officers from the national/regional to dination of National Government for consideration the sub-location level. The region is overseen by the and implementation. Regional Coordinator with the County, Sub-County,

16 THE NATIONAL ASSEMBLY E-NEWS

2. Exploitation of Customers through Unfair develops and implements regulations prescribing Charges by Passenger Service Vehicles (PSV) the amount of fare to be charged by PSVs for their Mover: Member for Kimilili Constituency (Hon. services to protect customers from exploitation and Didmus Wekesa Barasa) volatility of the PSV. Notice of motion given on: 27th February 2019 Whereas some Members were for the self-regulation of the sector, most Members were sympathetic of the Debate & Adoption: 6th March 2019; 13th March situation faced by commuters in the country. 2019; Proposed Action and Way forward Purpose/Intent of the Motion With the motion having been adopted, it is expect- The motion sought to move the House to resolve that ed that the relevant agencies of the government will the Government develops and implements regula- immediately embark on the implementation of the tions prescribing the amount of fare to be charged House resolution. by PSVs for their services to protect customers from exploitation and volatility of the PSV. Background 3. Waiving of cost of treatment for deceased pa- tients in public hospitals Public transport serves a majority of commuters in Kenya with an estimated 70% of Nairobi’s four mil- Mover/Sponsor: Member for Nyali Constituency lion residents relying on some nearly 20,000 privately (Hon. Mohamed Ali) owned mini-buses as their main mode of trans- Notice of motion given on: 13th February 2019 portation. Commuters in country have often com- Debate & Adoption: 20th February 2019; 27th Feb- plained of being overcharged when it rains, at rush ruary 2019; hour, during occasions like holidays or whenever some roads are closed to motorists. This has made Purpose/Intent of the Motion planning difficult as the prices are dependent on the Recognizing the high cost of healthcare especially to whims of the operators. Whereas the National Trans- the majority citizens who use public health facilities, port and Safety Authority has the mandate of over- the motion sought to waive all cost for patients who seeing the sector, operations have largely been left to die while receiving treatment in public hospitals. The the operators in the hope that the sector will self-reg- motion, largely debated in Kiswahili, received great ulate within the largely liberal market arena. It has support from Members. however been noted that the sector continue to work Background in an uncoordinated manner with fares varying even Article 43 of the Constitution gives every citizen the within the same route. It is for this reason that the right to the best attainable health standards which motion resolved that the Government immediately

17 ISSUE 001 - JULY 2019 include the right to health care and right to emergen- mandatory and examinable curriculum on road safe- cy treatment. Whereas this is so, instances of denial ty for pupils and students in primary and secondary of treatment due to affordability have been reported schools in the country. This is premised on the need over time. Cases of denial of admission or withhold- to ensure that road safety education is cascaded to ing of bodies of deceased persons due to lack of pay- lowest level aware of the increasing number of traf- ment have continued to rise. It is for this reason that fic fatalities. It is the expected that with clear under- the motion sought, in the first instance, to ensure that standing of road usage among school children in the all persons who die during treatment are not unduly country, cases of traffic accidents, especially involv- held due to non-payment of fees. Once implemented, ing pedestrians will be minimized. the government will be bound to waive all fees accu- Background mulated during hospitalization of a deceased patient. On average, road traffic accidents in the country Way-forward cause an estimated 3,000 deaths annually with many The motion has since been forwarded to the Ministry other casualties injured and/or maimed. This places of Health for operationalization and implementation. Kenya among countries with the highest road fatal- ities in the world. Additionally, it is estimated that the cost to the economy from road traffic accidents 4. Development and implementation of a manda- is in excess of Kshs. 300 billion annually according tory and examinable curriculum on road safety to the National Transport Safety Authority (NTSA) for pupils and students in primary and secondary Road Safety Status Report 2015. It on this basis that schools in the country the motion seeks to complement the existing legis- Proposer/Sponsor: Member for South Mugirango lative and regulatory measures for implementation Constituency (Hon. Silvanus Osoro) and enforcement of road safety guidelines. Indeed, Notice of motion given on: 13th February 2019 section 4(2) of the National Transport and Safety Act mandates the NTSA to develop and implement Debate & Adoption: Awaiting debate road safety strategies and to facilitate the education Purpose/Intent of members of the public on road safety. This motion seeks to compel the National Transport The motion is awaiting debate. and Safety Authority to develop and implement a

18 THE NATIONAL ASSEMBLY E-NEWS RIP Rest In Peace

TRIBUTE TO MR. JUSTIN BUNDI, IMMEDIATE FORMER CLERK OF THE NATIONAL ASSEMBLY

A distinguished public servant, Mr. Bundi led an illustrious career in the public service. He started his career in the Provincial Ad- ministration as a District Offi- cer before he joined Parliament where he rose through the ranks to the position of Clerk, Nation- al Assembly, which he served with utmost dedication before his retirement in March, 2017.

He will be remembered for ini- tiating great reforms during the transition from a unicameral es- tablishment to a bicameral Parlia- ment and also for his outstanding service as the Clerk of the East Af- rican Assembly.

19 ISSUE 001 - JULY 2019 Published by:

The Clerk of The National Assembly Parliament Buildings, PO Box 41842 - 00100, Nairobi, Kenya.

Email: [email protected] Tel: (254-2) 222 12 91 or 284 80 00 Fax: (254-2) 224 36 94 Website: www.parliament.go.ke

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