Republic of Kenya s6

1st July 2014

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

1st ASSEMBLY-2nd SESSION

OFFICIAL HANSARD REPORT

The Hon. Speaker on the chair

2.30 pm

PRAYERS

Speaker: Hon. Members, we can start the business of the day as per the order paper. First order.

Clerk: Order number, one administration of oath

Speaker: Next order.

Clerk:Order number two communication from the chair

Speaker: Next.

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 2

Clerk:Order number three Petitions messages.

Speaker: Next

Clerk: Order number four Petition

Speaker: Next

Clerk:Order number five papers.

Speaker: Next

Clerk:Order number six notices of motion.

Speaker: Next.

Clerk: Order number seven, statements.

Speaker: Next.

Clerk: Order number eight progress report on grabbed public land in the county by the committee on land housing and physical planning.

Speaker: Member for Githioro.

Hon.Kagiri: Thank you Mr. Speaker. On behalf of my chairman and the committee on land and physical planning, we tabled the progressive report on 17th of June at around 2:30 pm. For the sake of those members who were not present. I can now give the progressive report.

Mr. Speaker sir the Committee on Land Housing and Physical Planning was mandated by the county assembly under Standing Order 186(4) (5)

The committee was to indentify the grabbed public land in the county and make recommendations. To carry out its mandate the committee the committee has made the following in identifying grabbed public land.

1. Mikeu at Nyakio ward on 16th September 2013at 11am

2. Nyakarianga at Gatimu ward on 11th October 2013 at 11 am.

3. Baraka Village at Gatimu ward on 11th October 2013 at 3pm

4.Heni Health Centre at Githabai ward on 17th march 2014 at 12:10 pm

The committee has not been able to visit all the public land in disputed areas due to busy schedule and the work of the county assembly.

On the issue of grabbed land at Heni Health Centre in Githabai. The committee has obtained all the official land searches of the plot in question. The alleged land grabber John Muchiri Mwangi has been summoned to present himself plus his document to the committee on Thursday 19th

June2014 where the committee will hear him and hence make the recommendation of the land in question. The committee intends to write it report on Heni Health Centre in two weeks time.

The following are the members of the committee

Hon. Kariuki Muchiri Chairman

John GithinjiMwaniki vice chair

Sylvester Kagiri member

Rahab Wanjihia member

Ann Kionero member

Monica Wamuyu member

Patricia Wanjugu member

We had Clerk who is Bernard K. Gitonga. Thank you Mr. Speaker.

Speaker: Thank you member for Githioro and I think from the purpose of clarity, it is as the member for Githioro has put it that the progress report had been tabled. For the benefit of the members who were not there, I think it is good enough to mention that. Next order.

Clerk: Order number nine, motion on the adoption of the report by the committee on delegated legislation on the memorandum of understanding between Nyandarua County and the intergovernmental relation office of the presidency.(LILO)

Speaker: Chair delegated legislation.

Hon. Kamoche: Mr. Speaker Sir I rise to bring the report on delegated county legislation committee on the memorandum of understanding on legislative and intergovernmental liaison office of the presidency LILO and the county assembly.

Speaker: Chairman I think you are moving a motion.

Hon. Kamoche: I beg to move the motion on the report.

Speaker: Proceed member for Rurii.

Hon. Kamoche: Mr. Speaker sir I beg to move the motion on the adoption of the report.

Speaker: Member for Rurii you are doing all right.

(Report is attached)

Hon Kamoche: Mr. Speaker Sir. I now beg to move a report that this report to be adopted by this assembly for just two reasons. Looking at the memorandum it was not having and address of where it has come from. Even if it was signed, there was nowhere where the assembly would have returned it. LILO is an entity that was formed last year.

When you go to clause three of the memorandum there is the argument, which is indicated clearly that it is an agreement between both parties-the assembly and the LILO. It states clearly that the funding will be changing time to time. Today we will negotiate fifty thousand and tomorrow someone will argue two hundred and the other three thousand. We may end up being finished there.

We can go to a situation where we are crippled economically. We are a new county. We are not rich. We are living under wealth. We cannot compare Nyandarua with Nairobi. I happened to meet with one of the Nairobi people and they are complaining. Then they sat to make draft of a

M.O.U. After that, whatever they have spent on that agreement is a lot. It is a very serious issue, which we need to look at. In this assembly, we have the capacity.

Last year we lost a lot of money on the issue of alcoholic licenses. This was because of delay of the bill. This was a small issue. As we have learnt, county government would have domesticated the national law and domesticated it in the county assembly. So many laws are pending because we only have four or five.

In the KLRC we were told we need laws. We need to customize the law. For example the one on the natural resources, which people are being affected by hippos and others. That is the law at the national level, as we have not enacted ours. We can domesticate that one in our county and have a way forward to come out of this problem.

I beg this assembly to adopt this report. I also request that this assembly with you permission should have a time for a seminar with the KLRC. I requested the CEO that with the permission of the speaker we get a day or two with the KLRC to advise the sectoral committee on how to make their law and the bills. As you know, we are not that well versed with the laws. We are people who just come from where we were. We were elected to this assembly. We started legislating laws, which is our mandate.

We need a technical training to have technical knowhow. We need to know that whenever something is gazetted whether in health or somewhere.

We can just now. In the few months to come the government will have the intergovernmental committee in place.Which should oversee the issues of the county assembly? We should go up line in line with those. As you know the CEC member is going. We shall be left with the KLRC.

We can form a memorandum. We can request them to train at least for three days. Train the

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 7 whole house so that we can be able to realize our duties. This is a matter of law. I was thinking that we have seven hundred civil procedure and they were made before the promulgation of the constitution.

We can make a law, which can be shot down by the court. You have seen what have happened.

We can do something here, which can be shot down by the court for being in line with the constitution and it is not customized. We need to customize our law so that we can move forward. We can have a way to foresee. With those so many remarks, I now call Hon. Njiraini to second.

Hon. Njiraini: Thank you Mr. Speaker. I thank my chair of my committee. Am a member of the committee on delegated legislation and this involves a lot of law. We are very lucky, as the speaker is aware that he understands all that was generated by our able chair. We need to have knowledge in this area.

In Standing Order 85, the committee on delegated legislation has a lot of mandates. That is what

I came to realize. Delegated legislation committee has the mandate to domesticate the national law, which can suit and can be enforced in the county for the benefit of the county.

We have only enacted a few laws in the county. The committee on delegated legislation understands that they can domesticate law from the primary law that is the national law. We can domesticate the national law and the regulation coming up. Then the delegated legislation committee can look at them to ensure that they fit this county. They can help the Kenyan.

With this issue of M.o.U with LILO, we were told and we understand that it is not legal. We have our constitution commission and other legal agencies. We cannot indulge ourselves in an area that we cannot suite, or can economically affect our county. With those few remark, I want to echo my secondment of this. Honourable members will read this report and understand everything. The chair has requested training of the honorable members. We need some seminars so that we can understand our mandate on laws. What are we doing in the county assembly? Our role is representation, oversight, legislation and the budget.

Wecan get more knowledge. Personally am becoming conversant with most of the areas.I am very happy. I am learning every day. I am a good student who needs to study every day. I really support this report. I request honourable members to support this report as the chair has brought it. Thank you. I second.

Speaker: Honorable members the motion having been moved and seconded. I now wish to propose the question that a motion on adoption of the report of the committee on delegated legislation on the memorandum of understanding between the Nyandarua county assembly and the Intergovernmental Relation Office of the President (LILO). Be adopted as a report of the

House.

Speaker: Member for central.

Hon. Kagwe: Thank you Mr. Speaker Sir for giving me this opportunity to first thank Hon.

Kamoche the chairman of the delegated committee and the committee in general for having undergone the process of the MoU on LILO.I stand to support. Bearing in mind that in 2010. The

Kenyan got their new constitution. It gave the sovereign power to the people. LILO is a body which is not constitutionally recognized and I do not think it have a legal framework. This document needs to be looked upon. It is not recognized in the constitution of Kenya.

Once we move to this MoU as much as it has advantages. Disadvantages are one, which speaks more than the advantages. We can understand that once you go to various clauses you find that it is only there to sabotage the work of the assembly in it legislative mandate. As we can see in the constitution of Kenya Act 1 the sovereign powers are enshrined on the people. We surely understand that the power under the constitution is totally vested on people. The constitution of

Kenya supersedes all the laws. We need to understand that the constitution of Kenya should be respected.

When you go to the County Government act section 6(3) itprovides that: the county government may enter into partnership with private or public body, but in accordance with the law. I do not see the reason for entering in this partnership. This may bring a very great responsibility, which may be negative, or positives do understand as a member of this assembly that this memorandum may pose a very great danger to devolution. It is going to affect most of the legislation functions.

Without delivering more as this document seems to be a legal document. I do support.

Speaker: Member for Wanjohi:

Hon. Mumba: Thank you Mr. Speaker Sir. I rise to support the document as it is. As the honourable member has cited I think the committee on delegated legislation has a lot to do. As

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 10 we were advised, one of them is to receive the regulation on the existing rules. We were told to keep in touch with the KLRC to get information on how to work as a committee on legislation.

Concerning the MoU between the assemblies were told by the CEO of the KLRC that it is illegal to have the executive from the presidency. We were told that it is illegal for the executive to work with the assembly. If they want the MOU, they have to create an MOU with the executive. If we want an MOU, we have to create one with other legislative authorities like the national assembly on passing laws. We cannot have an MOU with those people because they have some hidden agendas. The presidency has hidden agenda to tell us what to do.

I stand to support that it is good for us to go for more training with the KLRC people for more guiding. Thank you.

Speaker: Member for Gatimu.

Hon. Kieru: Thank you Mr. Speaker. I rise to support the report as prepared by the committee. I want to appreciate the leadership of the very able chair Hon. Kamoche and the vice chair including the other members because of coming up with a very good report. A researched report.

This means a lot. It is a report that formed background information that has made them reach the recommendation they have. If this committee did not prepare the foundation for thisreport and then they just say that they want the county assembly of Nyandarua to just do away with the memorandum. We would not have known why they have advised so. Basing their recommendation in the research they have done and the benchmarking incidences. Though not quoted; they have not legally quoted their sources. They say what has happened in Uganda and

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 11 what is happening in the House of Commerce. We are able to use those scenarios to make this

House understand the document.

That notwithstanding there is something I want to understand and Iwant this House to understand. Actually that is why am supporting this report. I am supporting this report because there is a loophole: a missing mark in the line. The line is not continuous. By this, I mean that if the national government is the initiator of this document, the LILO. I understand and as the committee chair has put it. It is not enough that a document that has come from the Republic of

Kenya. I have to understand some background information this is a MoU. Where is it coming from? Who is it going to? In that MoU, you find the Memorandum of Understanding on the

Intergovernmental Liaison Committee Office of the Presidency and the County Assembly of

If it was the county assembly of Nyandarua, I was expecting that it would have been written the

County Assembly of Nyandarua and there correspondence. I think it had to have a cover letter accompanying this document, to authenticate it. Right now, I will not be sorry to say, am not actually faulting anyone, maybe the committee on legislation worked on a document that may not have come from the national government. It might have been prepared by somebody in the bush. How do I know that? If that document came from the national government, I know how government operates.

With those kinds of misgiving and problems, you find in how this document is in the Floor of this House. You find that this document is missing a lot. Before we engage ourselves in any agreement since this committee has put some merit and demerit on this thing, we come to

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 12 understand that we may bind ourselves with; that any law that we make here become the subject of the national government that is the national executive. That would mean that we do not have independency as the county assembly. As far as we are not autonomous, we really need our independence as the county government of Nyandarua and the County Assembly.

I want to refer you to the County Government Act section 118 we have what we call the shared services and it says that the county government may enter into an agreement with the national government, another county or an agency of the national government, to provide or receive any services that each county participating in the agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purpose of participating counties.

There can be an agreement between the county government and other county governments or another national government or even an agency of the national government. If we say that, the so-called LILO is an agency of the national government. How do we enter in an agreement with this agency called LILO? This is a government. How is the procedure? It should be clearly indicated that if w want an agreement with LILO. It is my expectation that we stick to the

County Government Act as per section 118.

In section 121, that is where we have when the national government will want to come and assist the county government in a function or in something. The county assembly may also ask for assistance. This time we are not asking for assistance. There is a plan. That is why I said that the line is not continuous. Some dots are missing. The dots that are missing are, the county assemblies do not have a constitutional framework to engage themselves with the national

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 13 government. Today we may want to engage the national government. We only do it as the

Nyandarua County Assembly and not as the county assemblies. What does that mean? It means that we will engage this county of Nyandarua in an engagement that might be declined by other county assemblies.

Suppose today that we do the report and say that we want LILO. Then other county assemblies decide to reject. What happen to us as Nyandarua? We are going to be in an agreement with a national entity called LILO. We are only going to be confined within as the County Assembly of

Nyandarua. Another county assembly is not bound to accept. That is what we are doing today independently as the County Assembly of Nyandarua. That why may be the committee has suggested that we require an independent body to come and solve some of this problem.

We now sometimes parliament may be biased. They do not want some good things for the county assembly because they see the county assembly as possible competitors in the forthcoming general election and the future. They might be biased. You have heard how some of the senators are saying against the county assembly and not the government. That tells you that we are left with no one to defend the county assemblies for that matter. We need an independent body to tell us that this LILO will help the county assembly of Nyandarua in this and that manner. I support. Reading the mood of the House I call upon the mover to respond.

Hon. Kamoche: I thank the members for supporting the report. . Because the way it was brought to the House it was just in an envelope written. That was completely disrespected to you and the House. When we tried to look for the letter, it was not there. I therefore urge this House

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 14 to reject the report in totality. If there is another way, we can do let us be advised. I say the memorandum and not the report.

Speaker:Member for Gatimu how is member for Rurii out of order.

Hon. Kieru: Member for Rurii is out of order. He tabled a report. Moved it and was seconded.

His content was that he is moving so that the House may adopt the report. Now in his response he is saying that the member should reject the report. We want to understand that Standing Order that he is applying.

Speaker: Member for Rurii you are calling for the rejection of your report.

Hon. Kamoche: No. I was calling for adoption of the report. I call the House to adopt the report the way it is as a report of this house. Thank you.

(Question on the motion put and agreed upon.)

Speaker:now that report is adopted as a report of this House. I wish to congratulate the committee for they were able to elaborately explain their mandate. They upheld a very cardinal principle: democracy and separation of power. Also having found that there are laws in this country that dictate the kind of relationship that exist between the executive and the assemblies.

That is the Intergovernmental Relations Act, the County Government Act and the Constitution.

Actually even if this assembly was to adopt that MOU would not have superseded the laws and the constitution in term of relationship. That report was well based on law. Next.

Clerk: Order number ten. Motion on adoption of the report on Kagiiki Dam by the Committee

Water, Environment and Natural Resources.

Speaker: Chairman on the Committee on Water, Environment and Natural Resources.

Hon Kiruka: Thank you Mr. Speaker Sir. I beg to move the motion on adoption of the report of the Committee on Water, Environment and Natural Resources on Kagiiki Dam.

(THE REPORT IS ATTACHED.)

Hon Kiruka: Thank you Mr. Speaker sir, I take this opportunity to thank this honorable house for supporting my committee in all deliberations we made and in all visits we made to Kagiiki dam whereby we started a meeting at 4 pm and the meeting ended few minutes to 7 pm. Mr. speaker sir we were even to sleep in Naivasha andup to date we were not facilitated for that but we are hoping your office will do so. I cannot forget to thank the people of Githabai ward who were able to come out and see the money was not equivalent to the project being undertaken.

Members in my committee can bear me witness that in the ministry we oversee; the ministry of water and environment,what we agreed is not what is taking place. Now with those few remarks

I would like to call my vice chair to come and second.

Hon. Kariuki Muchiri: Thank you Mr. Speaker sir I rise to second the report as tabled by the chairman, the issue of Kagiiki dam. As the chairman has said this is one of the issues that showhow public resources are mismanaged. We visited the dam with majority of the members and they can bear me witness that actually nothing was done except that they opened one side of the dam. They did not even build a concrete wall as proposed but they actually pilled molds of

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 16 soil and that was what was used to hold the water. Mr. Speaker this dam leaves much to be desired. According to information we got from the people of Githabai the tractor used to dig the dam actually spent some time digging a dam in a neighboring farm. The estimate of the committee is that the work done would have cost about three hundred thousand. The CEC member stated categorically that the work never even used five hundred thousand and as I was reading this report I found that it was necessary to take action on the District agricultural officer who was supervising this project. As I second I feel that I should put on a recommendation. I think I should place on an amendment if allowed, that action should be taken on the District agricultural officer who was at the ground at that moment and I would also call my chairman to second that amendment.

Hon. Kiruka Mburu: Thank you Mr. Chairman I second the amendment.

Speaker: Honorable members I now want to propose an amendment page 9 of the report by including a second paragraph that action be taken against this agricultural officer who was at the ground in the construction and rehabilitation of Kagiiki dam. Honorable members I know want to put the question that page 9 of the report be amended by including a paragraph 2 to the effect that action be taken against the District agricultural officer who supervised the rehabilitation of

Kagiiki dam. As many as those in support this amendment say aye and as many as of the contrary opinion say nay the aye have it.

Now action, investigation will be taken on that particular officer and the committee on implementation will be keen to see what happens.

Hon. Kiruka Mburu: I would like to thank the members for accepting the recommendations to be part of this report and now I would urge the members to wait and see what action will be taken against this officer. We as this house we have the mandate to oversight that the resources are prudently used. I would urge the members not to sit and watch as resources are mismanaged while as we have the mandate that we should jealously guard. Thank you honorable members

(Question proposed)

Hon. Peter Kairu:Thank you Mr.Speaker sir and I stand to fully support this document because

Kagiiki dam is in my area when I talk about Githabai ward its about 130 square kilometer and there are only 5 dams in the locality and one of the very important dams is Kagiiki dam and this dam was called Kagiiki because this people had problems for a very long period. Kagiiki dam is one of the largest dams and it was used by the people from Nakuru. For about 20 years that dam has never dried. People of Kagiiki were happy that their dam was to be rehabilitated but to their surprise nothing of the sort happened. Mr. Speaker the people of Kagiiki are very happy because of your recommendation and the good work that has been done by the committee. Kagiiki dam during the rainy season receive a lot of waste and this lead to diseases such as diarrhea, Cholera,

Typhoid and many other water related diseases. This dam was intended to be more beautiful that it can attract not only local people but also tourist. If work continue to be done like this it will be an abuse to the county government and also to our president who always tell people to be transparent in the work they are doing. Mr. Speaker it is my proposal that the committee see to it that the work intended to be done at Kagiiki dam is done by allocating money for completion of the project because if left like that it is dangerous to the people of Kagiiki. It is my humble

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 18 request that when assigning contracts assign them to competent people. I want to thank the people of Githabai area and especially the people of Nyamamithi area who were ready to take to streets and when I told them that the matter will be solved in the assembly they cooled down and they said that they are waiting for justice to be done to them. Mr. Speaker I support the document and I would like the house to adopt it.

Speaker: Member for Kaimbaga

Hon. Kimani Njiraini: Thank you Mr. Speaker sir I would to first congratulate the committee on water, environment and natural resources. As we understand that water is life and we cannot survive without water. An officer is not supposed to be assigned work and do it haphazardly. Mr.

Speaker the Standing Order 186 is very clear,5 (a) the central committee holds mandate to investigate and inquire 5 (b) to study the program, the policy and objective of the department and effect the implementation. What was the objective of that project; the objective was to ensure that the people of Githabai got clean water and also got clean water for their domestic livestock.

And now that water has been devolved to the county government according to schedule four of the constitution, I think from now because we have the overall role oversight in the legislature I think this is the best time for us to come up with policies. For example, if a contractor is given a certain project he should complete it within a certain timeline. Mr. Speaker this is the high time we change the way of doing things in Nyandarua County, if we do not do this taxpayers money will be misused. Since I think we follow the outcry of people I think we should follow what they say. Mr. Speaker we have a very able committee on implementation of which the standing order

184 (2) and (3) gives the implementation committee the mandate to ensure all work they had

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 19 been given to the central committee at the executive they had implemented, if that work has not been implemented the same Standing Order 3 gives the committee the mandate to summon the executive and also be censured. I support the document as it is and ensure that all those who did that work are taken the necessary actions.

Speaker:Honorable member for Kipipiri.

Hon Kirumba:Thank you Mr. Speaker I support the document as it is and I direct more so to the clerks who were doing it you realize that there is a lot of paper wastage. In fact if you ask me, that is a three page report and so as much as we say other people are wasting money we are supposed to think about these small basics. However Kagiiki as the name implies means having a lot of problems. This is a community that thought that there problems will come to a standstill after money to a tune of 2.5 million was allocated to the project. Now we should make sure that this problem of people pointing fingers at others for example the ministry of water and that of agriculture saying this was supposed to be done by this and so on. A D3 tractor is a very small tractor to dig a dam in my opinion it is supposed to do only gravelling, we have D14, D9 and so on this is not rocket science, it is something in records Mr. speaker.

We are talking about a situation in the whole county and if the white settlers came back and I do not wish they do so, and see the dams they left 50 years ago just before independence they would wish they never left Kenya. We needed to do some fencing, build some troughs for our cows and by this we could have helped this people and we could see the value for our money, am saying if we are to redo this let it be something that can be replicated elsewhere. If this is only one duty under section four of the constitution what about health, roads and others we need to change the

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 20 way we do things Mr. speaker. As I said yesterday the people who elected us are watching and they want to see the value for money. Thank you

Speaker:Member for central

Hon Kagwe: Thank you Mr. Speaker I rise to give my comment on the issue of Kagiiki dam, I personally visited the area together with Hon. Kairu and what we so is something that cannot please the eyes of someone who have good heart for the people of Nyandarua county. When you look at the matter of Kagiiki dam we see it is not in order for an agricultural officer who was at the ground during the construction of this dam to be holding office bearing in mind that those were public resources that were being mismanaged. And the purpose of that dam Mr. Speaker as

Hon. Kairu have stated was to ensure that people get water for their domestic use. The committee on implementation is supposed to table on this house what action to take on the district agricultural officer.

Mr. Speaker when we go to the Devolution Act section 1 (10) it gives the county executive committee for the finance a mandate to create a fund and call it the emergency fund because we understand in Nyandarua county we have various stalled projects that used public funds and they are incomplete and yesterday when we were talking about budget, the chairman for budget responded that even if we are to fund them we need to come up with policies and also a supplementary budget. Mr. Speaker having the act given to the executive member of finance authority to come up with a fund with the name county emergency fund with approval of this house, we understand if he come up with that fund those stalled projects can be completed and we can see the value of our money. We could not understand how 2.5 million could be used in

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 21 such a shoddy project. We would also like to know if the PIC/PAC committee can go through the tendering process because we could like to know if the due process was followed so that those people who will be held responsible can be held to the latter. Mr. Speaker with those few remarks I beg to support

Speaker: Hon. Kagiri

Hon Kagiri: Thank you I rise to support the document and also congratulate the committee on water for work well done and when perusing the document they had not indicated the name of the contractor. We could like to know which contractor did that shoddy work. It is not acceptable for contractors doing shoddy work and going scot free Mr. Speaker sir. In fact if we know the name of this contractor he should be black listed from doing any work from this county and this will send a signal to other contractors. As much as the committee did its work the contractor who did this work should be known.

Speaker: What is it member for Githabai, give us a point of information

Hon Kairu:As we asked they said it was the ministry of agriculture so there was no contractor they are the ones who did the job.

Hon Kagiri: Thank you honorable member for that point of information then if that is the case, the ministry is to be questioned. Actually this county should look into that office see what is happening and check for other projects that were funded through that ministry and see if they were done. There is this information from government officials that since we were in a transition period they were doing things haphazardly and I think it is the high time the implementation

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 22 committee to check unto them and see what the executive is doing on that. We should see that these officers are brought into book. Thank you and with those few remarks I beg to support

Speaker:Member Njabini Kiburu.

Hon Gachomba: Thank you honorable members I rise to support the document on water, environment and natural resources committee. I know the area in Githabai, it just neighbors my ward.That area has got a lot of problems in terms of water. It is very disgusting to see that the ministry of agriculture did that shoddy job Mr. Speaker. I think that in the recommendations they could have said that everyone behind the project should be behind the bars. Every amount of money released to the county either from the national government or the county government the honorable members have the mandate to oversee that the money so that it is not misused. I would urge the PIC / PAC to go very fast to that issue that is in Githabai and unearth whatactually happened, because those people in Githabai travel for 20km to fetch water in Njabini. With those few remarks I beg to support and urge the PIC/PAC to move very fast and put the culprits to book.

Speaker: Yes member for Shamata

Hon Gachari: Thank you I rise to support the motion. Now that we have been talking about constructing mega dams we should have started with Kagiiki dam. When we talk about water, it is a problem in Nyandarua because even if you go to the place where we are saying that there is enough water, there is no enough water. We must have people we can trust for our money. I cannot tolerate corruption in this county because I have been hearing about corruption in other

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor. 23 counties but I have not heard about Nyandarua. I would request you Mr. Speaker to take action through PIC/PAC so that they can table a report in this house immediately to know how this money was being spent and even for the procurement because it was not done, I think it was done by individuals for their own benefits. I therefore support this motion and call upon the mover to respond

Speaker: County member from Nyakio

Hon Monica: From this committee we had visited this project and nothing was done taking into consideration that we had a picture with the clerk of how the project was to be. Green houses were not constructed only heaps of soil is at the far end of Kagiiki dam. This was a shoddy job considering that this dam was to be constructed to be a tourist attraction. Thank you Mr. Speaker

I would call the mover to respond.

Speaker:The mover

Hon Kiruka Mburu: Thank you Mr. Speaker I would like to thank honorable members for supporting the motion for adoption by this house and also supporting the amendment. It is very disgusting that the people who were to implement that project used the money to destroy the dam more, because as you heard from the area MCA that during the dry period the dam was not drying but now there is no water in that dam. Those implementers need to pay back the losses that happened during the implementation of that project. Thank you Mr. Speaker sir I rest my peace there.

Speaker: Thank you Honorable members

(Question on the motion put and agreed upon)

Nowthis report will be a report of this house. Honorable members I allowed county member from Magumu to make that amendment because I thought it was of importance and invoked my digression on Standing Order 54 (2) to allow for that amendment even without notice. Secondly I think that this is a matter where the PIC/PAC should be able to intervene and get the vote head about this. I also think the assembly will reach the governor to recommend need for expedient investigation on the department of agriculture because even as an assembly we can be able to tell if the cow troughs, green houses are not there, then clearly there is something very wrong.

Hon Kagiri: Thank you Mr. Speaker, bearing in mind the pending reports that are supposed to tabled in this house, we should be given about 45 days

Speaker: Budget chairman you need to say something.

Hon Gachomba: Thank you, I would wish to state that 45 days are too many.

Speaker:Can we squeeze the days to 30

Hon Kagiri: Yes I agree Mr. Speaker but we have the quarterly report before us and this is a report that will require a lot of soberness and time because if there is any project being done we have to approve that and also we have the report from the controller of budget.

Speaker: Yes Mr. Chairman considering that they have these two reports and there is another special report I would be handing over to him do you think we can agree on another committee that can handle this issue other than PIC/PAC that does not have a lot of work

Hon Gachomba: I do agree that we can pass that report on another committee like implementation or budget.

Speaker: The committee on budget, I think you can have that report, so we can have the report on Tuesday 5th August at the time allocated by the house business committee. Next

Clerk: Mr. Speaker there is no other order.

(House adjourns to tomorrow the 2nd day of July 2014 at 9 am)

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor.