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Republic of Kenya July 18, 2018 COUNTY ASSEMBLY DEBATES 1 REPUBLIC OF KENYA MACHAKOS COUNTY ASSEMBLY OFFICIAL REPORT Wednesday, 18th July, 2018 The House met at 2.53 p.m. [The Speaker (Hon. (Mrs.) Mwangangi) in the Chair] PRAYERS Hon. Speaker: Good afternoon, Hon. Members? Let us start this sitting and I call upon Mr. Clerk to proceed. COMMUNICATION FROM THE CHAIR Hon. Speaker: Hon. Members, under this Order, there is one communication that I wish to make. Allow me to get my eyes like Hon. Mutiso the other day said. (Applause) UNAVAILABILITY OF CONFERENCE FACILITIES DUE TO INOPERATIONAL IFMIS SYSTEM Hon. Speaker: Hon. Members, allow me to communicate to you about conferences or what we call retreats. Hon. Members, you are aware that the Integrated Financial Management Information System (IFMIS), which is normally used in Government offices to make payments closed following the end of the last financial year and that is a closure that is nationwide and it is awaiting the uploading of budgets like the one you passed by the Controller of Budget. It is also waiting the uploading of procurement plans into the systems for purposes of compliance with the Executive order by the President of the Republic of Kenya on publication of tenders, as you are aware. What this means, Hon. Members, is that, the Assembly is finding it difficult to procure conference services and what Members, you are advised is to try and undertake site visits for the time being as the Assembly awaits the opening and the operation of the IFMIS. I have made inquiries because these impacts on the operations of the Assembly; there are some matters that we must undertake like trainings must be undertaken in conferences. I am sure assured by the Procurement Directorate that the issue of procurement will be finalized in the first week of August as they advertise for tenders and that they are going to complete the listing of the Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Machakos County Assembly. July 18, 2018 COUNTY ASSEMBLY DEBATES 2 service providers by the first week of August and so that they are able to comply with the Executive Order. As for the IFMIS opening, I am advised that normally it opens in or about the second week of August. So, Hon. Members, in the meantime, let us undertake the work locally that we are doing as Committees. Thank you. Mr. Clerk, proceed. PAPER LAID Hon. Speaker: Hon. Members, under this Order, we have one business by the Hon. Museku. REPORT ON ALLEGED BREACH OF PRIVILEGES Hon. Museku: Thank you, Madam Speaker. Hon. Speaker, pursuant to Standing Order 190(5), I wish to lay the following paper on the table of the Assembly today, 18th July 2018; the report of the Powers, Privileges and Procedure and Rules Committee on alleged breach of privileges. Thank you, Madam Speaker. Hon. Speaker: Thank you, Hon. Museku. Mr. Clerk, proceed. NOTICE OF MOTION Hon. Speaker: Under this Order, Hon. Members we have one business by Hon. Museku. Hon. Museku. REPORT ON ALLEGED BREACH OF PRIVILEGES Hon. Museku: Thank you. Hon. Speaker, that aware that all legislative Houses enjoy and exercise parliamentary privileges and performance of their mandate, roles and functions; The rationale behind privileges is to allow Houses and their Members to conduct their businesses according to the rules they set and free from undue influence from those outside the House; This is envisaged in Article 196(3), of the Constitution that provides that the Parliament shall enact legislation providing for the Powers, Privileges and Immunities of County Assemblies, their Committees and Members; Hon. Speaker, further aware that, Section 15(5) of Powers and Privileges Act 2017 and Standing Order 189(a), states that, there shall be a Select Committee to be designated, the Powers and Privileges Committee whose mandate shall be to inquire into the conduct of a Member whose conduct is alleged to constitute a breach of privileges in terms of Section 16; Acknowledging that, the Committee is in receipt of a formal complaint of alleged breach of conduct and conducted investigations as envisaged in Section 4(1), of fair administrative action Act 2015; Noting that the Committee considered all the evidence given according to the relevant laws and compiled a report; Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Machakos County Assembly. July 18, 2018 COUNTY ASSEMBLY DEBATES 3 Hon. Speaker, I wish to give notice of Motion that the House discusses and approves the Powers and Privileges and Procedure and Rules Committees, the report on the alleged breach of privileges. Thank you, Madam Speaker. Hon. Speaker: Thank you, Hon. Museku. (Applause) Mr. Clerk, proceed. STATEMENTS Hon. Speaker: Hon. Members, under this Order, there are two statements; maybe on your appendix there will be just one but there is another one that I had admitted because of the nature and importance of the statement and the first one is by the Hon. Kiteng’u. THE FOURTH KICOSCA GAMES, 2018 Hon. Kiteng’u: Thank you, Madam Speaker and Hon. Members. Madam Speaker, I wish to issue Statement on the forthcoming KICOSCA 2018 Games. Members are advised to liaise with the KICOSCA ad hoc Secretariat specifically Ms. Loise Kithuka, the Team Leader and register for their interested games. Members are however advised to register for maximum of two games to avoid challenges similar to those that were observed in the previous KICOSCA games with regard to participation in the disciplines. Information about the training fields, practice materials, captains and any other related information will be provided by the team leaders. With regard to the CASA 2018 games, the County Assembly has been preparing for the KICOSCA games and as a result, KICOSCA will take precedence. However, in the next financial year, the Assembly shall participate in CASA games. Thank you, Madam Speaker. (Applause) Hon. Speaker: Thank you, Hon. Kiteng’u. Hon. Members, this is a statement that is a communication from the Member; he is the Chair of the KICOSCA ad hoc Committee to prepare for the games and if I may just emphasize on what he has said, Hon. Members, you are aware that we have been participating in games that are called KICOSCA for the County Assemblies, Executive and also Assembly side where going forward, the County Assemblies Forum (CAF) felt that they needed to strengthen a sector of County Assemblies of their own. That is the one they are calling CASA, this is a matter that has been discussed at the top level of the CAF Governing Council and the feeling is that, the County Assemblies need to de- link from KICOSCA so that they do the games on their own but you notice that Members particularly Machakos County Assembly had been preparing for the KICOSCA games this year, I think in Kisii. So, the Chairman now is communicating that you continue preparing and you register for the disciplines you want to participate in but going forward, that is next year, you put your Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Machakos County Assembly. July 18, 2018 COUNTY ASSEMBLY DEBATES 4 attention and all your energies in the CASA games which are purely for County Assemblies. Thank you. Next, Hon. Stephen Mwanthi. IDENTIFICATION OF PROJECTS COVERED BY URBAN DEVELOPMENT GRANTS Hon. Mwanthi: Thank you, Madam Speaker. Madam Speaker, pursuant to Standing Order 41 (1), I wish to seek a statement on Urban Development Grants of Ksh. 1,018,320,500 allocated to the Machakos County Government on the following issues; 1. Whether public participation was conducted and if it was, was it advertised and maybe the dates that it was advertised. 2. The criteria that was used to identify the projects in different Wards in the Municipalities. Thank you, Madam Speaker. (Applause) Hon. Speaker: Thank you, Hon. Stephen Mwanthi. What I am getting from that Statement being sought by the Member is a matter that the Members may want to ventilate upon because it is a matter of County importance; it is about the Charters that you passed the other day, you approved for Mavoko, Machakos, Tala and Kangundo Municipalities. So, Members may want to ventilate so that the concerns of the Member, Hon. Stephen Mwanthi may be addressed by this House. Hon. Winfred. Hon. (Ms.) Mutua: Thank you, Madam Speaker. That is a very important and crucial matter in Machakos County because in the past we have seen money coming and the money has been named under a Party. If it the budget we that passed, we saw the Governor reading the budget and saying the Chap Chap will initiate the projects. So it is good to know when the Public Participation was held because so many projects when they are using the County money, it is named to be public money but not Maendeleo Chap Chap. Thank you, Madam Speaker. (Applause) Hon. Museku: Thank you, Madam Speaker. Madam Speaker, the Statement which has been sought by the Hon. Member is a very important statement which needs urgent attention. I was at home last week and I got a message from the Sub-County Director of Machakos Sub- County at 9.35 a.m. inviting me for an important meeting to discuss County business in the Social Hall including this Charter. I got that message at 9.35 a.m.
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