March 31 st 2015 - Work of the Assembly

Transcription

NAIROBI CITY COUNTY ASSEMBLY
OFFICIAL REPORT
First County Assembly – Third Session
Tuesday 31st March, 2015
The House met at 2.30 p.m.
(Mr. Speaker in the Chair Hon. Alex Ole Magelo)
PRAYERS
Hon. Speaker: Do we have quorum?
PAPERS
Hon. Majority Leader: Thank you Mr. Speaker we are back from a long weekend. I do not have
much to say because I am going to see what is going on in the National Parliament and see who are in the
list of shame. I came to lay this paper then I go back. Mr. Speaker I beg to lay the following papers on the
table of the Assembly today Tuesday 31st March, 2015. The Nairobi City County Proposed Supplementary
Recurrent Development and Revenue Estimates for the financial year 2014/2015. Mr. Speaker I beg to lay.
Hon. Speaker: Leader of Majority.
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.
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STATEMENTS
Hon. Speaker: Hon. Alexina did you have--? Yes Hon. Mbau
Hon. Member for Mlango Kubwa Ward (Mr. Andrew Mbau): Mr. Speaker thanks for giving me this
opportunity. I would like to state that today around 2:15 p.m. I was shocked after being advised by the man
manning the VIP gate that he had been given very strict instructions that no MCA should pass via that gate.
(Loud consultations)
Hon. Andrew Mbau: Mr. Speaker we have been in this House for quite long and I think we are part
of VIPs. I do not know what has changed, I was really shocked. The instructions were that if any MCA passes
that gate then the man in charge will go home. That’s very contentious.
Hon. Speaker: Which gate are you talking about? Elaborate
Hon. Andrew Mbau: The gate that is adjacent to KICC and the instructions were given by the County
Secretary.
Hon. Speaker: Excuse me. Are you talking about the gate from the main road?
Hon. Andrew Mbau: The VIP gate Mr. Speaker. The person who gave these instructions is the
County Secretary. It’s banned for us. No one should pass there.
Hon. Speaker: Finish.
Hon. Andrew Mbau: Another item touches on the water that we are drinking. On 4th June, 2004
Dasani water was banned in the UK and for your information any time I take it I have heart burn. So
my kind advice is that during the next financial year we should have a change of water. It is injurious Mr.
Speaker. Thank you.
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Hon. Speaker: I will take from Hon. Chairperson for Labor so that we go to the next business.
Hon. Member for Utalii Ward (Mr. Wilson Ochola): Thank you Mr. Speaker. I would like to adjust
where my colleague has just spoken, it is quite shameful. We are Hon. Members and we vetted this so called
Secretary and therefore it is high time we take action. If at all we are not going to take action then, let us do
it City Hall style, we used to do it then the respect will be there.
Hon. Speaker: Let the Hon. Members enter so that I can speak.
Hon. Member for Upper Savannah Ward (Mr. Benson Amutavi): Order Members! I am standing on
a Point of Order.
Hon. Speaker: Where are you coming from Hon. Chairperson?
Hon. Benson Amutavi: I was on the Minority side today. I am trying to give them a quorum. There
are tools for Members at the general stores, therefore all elected Members should go and pick 20
wheelbarrows, 30 spades and 30 rakes before the end of the week so that we can ease the congestion that
is in the stores.
(Applause)
Hon. Speaker: Thank you very much. Hon. Juma
Hon. Member for Baba Dogo Ward (Mr. Shadrack Juma): Thank you Mr. Speaker. Adding to what
the Hon. Member has said concerning the entrance that the Governor uses, this week I was asked not to use
this road because there was an order--Hon. Speaker: This week is yesterday.
Hon. Shadrack Juma: Yes the day before yesterday. I was told that I am supposed to use the
Deputy Speaker’s gate there are some orders that are very strict. Mr. Speaker that is discrimination.
Hon. Speaker: Hon. Masiga and then Hon. Nancy. Let’s finish with this so that we go to other
businesses.
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Hon. Member for Eastleigh South Ward (Mr. Nelson Masiga): Thank you Mr. Speaker sir. These
instructions were given on Friday last week that any Member of the County Assembly should use the gate
from the Deputy Speaker and you should have a visitor’s tag so as to visit these offices.
Hon. Speaker: Hon. Nancy, Hon. Gari then Hon. Mumo.
Hon. Nancy Luchiri (Nominated Member): Thank you Mr. Speaker for giving me this opportunity. I
am really concerned and if I can recall on Thursday there was a report that was read on this House. I don’t
know whether the County Secretary is reacting like that because of the report and if indeed it is the report,
then she should vacate that office. She cannot hold us hostage. We are supposed to be delegating and
working for the Nairobian’s.
Mr. Speaker this County Secretary should step aside and let us proceed with development. For
development to be felt in Nairobi then she must leave that office. Thank you.
Hon. Speaker: Hon. Gari and then Hon. Mumo.
Hon. Member for Nairobi West Ward (Mr. Maurice Gari): Thank you Mr. Speaker. I think it is high
time we adjourn and discuss this matter because we are not slaves of anybody in this County. We are public
servants who came here to work for the people of Nairobi and so we should not be denied access even to
the Governor’s office. I am humbly requesting that we adjourn and discuss this issue and rest it. Thank you.
(Applause)
Hon. Speaker: Hon. Mumo and then Hon. Petronilla.
Hon. Leah Mumo (Nominated Member): Thank you Mr. Speaker. I want to tell this House that those
are kicks of a dying horse. She knows that she is leaving and so she is trying to practice her work so that it
can be seen that she is working. I want to second the Hon. Member who has stood here, that we adjourn and
discuss because as far as I am concerned I am a state officer who was sworn in and she is not. Thank you.
Hon. Speaker: Hon. Petronilla, Manyala and then Hon. Karura.
Hon. Petronilla Achieng (Nominated Member): Thank you Mr. Speaker sir. First I would want to
take this opportunity to thank the Chair for Water for remembering the Nominated Members when he was
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giving out water tanks. Secondly, in the morning I was at the said entrance and an AP told me that he had
very clear instructions that nobody was to use that gate. For us to achieve development, Lilian must go! For
us to be respected, Lilian must go! For us to be able to walk and be respected, Lilian must go! Members what
should we do? Lillian must?
Hon. Members: Go!
Hon. Petronilla Achieng: Thank you.
Hon. Speaker: Last one.
Hon. Member for Kayole South Ward (Ms. Elizabeth Manyala): Thank you Mr. Speaker sir. I think
it leaves a lot to be desired because under article 175 of the Constitution it clearly states;
That there shall be two arms of the Government and each arm of the Government should
complement each other.
Hon. Speaker: Correct.
Hon. Elizabeth Manyala: At this moment we see the other arm is growing too big for its shoes to a
point that we are creating a leviathan that is coming from the sea that is infringing on our rights. It started by
our parking being taken followed by a writing saying tell them. I wonder whether that was rescinded or I don’t
know what happened.
When it is raining we have to go and look for parking bay without them being considerate and now it
has come to the extent that we are living like the apartheid in South Africa where certain streets are marked
as whites only and blacks dare not. Why am I saying that? Today my Ward got burnt and I was trying to follow
up the intrigues of how I could serve my electorates in the Ward and a mere askari tells me shh, pitia this
side. I looked at her with an eye that a man of God has towards Satan and the officer looked at me and I told
him do you know who I am?
I think there is bad blood and the Constitution says that the two arms should complement each other.
We are not seeing that and as the legislature wing which you are the head, we call upon you to move with
speed and tackle this issue. If not, then the bad blood will trickle to something big. I do not want to preempt
but already the temperature is rising. Thank you Mr. Speaker.
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Hon. Speaker: Hon. Thuo then my brother Snaitch and then we move ahead.
Hon. Member for Karura Ward (Mr. Thuo Kamau): Thank you Hon. Speaker. I want to point out two
issues. We already know what is ailing this County Government and our offices. Members should be brave
enough to bring a substantive Motion so that at the end of this discussion you give a way forward. I am
proposing that we should have a substantive Motion to discuss the conduct of any officer in this County
because it is within our powers as an Assembly to discuss any matter and any officer.
Lastly Mr. Speaker, any public officer’s office should be accessible not only to Members of the County
Assembly but also to the members of the public and so those offices must be opened to all.
In conclusion, I see a time will come when we will have to help “ourselves”. In the direction that this
matter is taking, Members might go physical. So, we should take caution when there is still time and use our
power and bring a substantive Motion to discuss some officers in this County Assembly and matters that are
ailing this County Government of Nairobi. Thank you sir.
Hon. Speaker: Okay, last one from Snaitch and then we move on.
Hon. Member for Kariobangi North Ward (Mr. Michael Wainaina): Okay, thank you Mr. Speaker. I
just want to register this. That we are walking on a dangerous trend because these two arms of the
Government; that is the County Assembly and the County Executive side, should work hand in hand.
Constitutionally. Mr. Speaker, I wonder when somebody instructs that the County Assembly Members, whom
if we were not here, he or she could not do any business because they implement whatever we pass here.
Mr. Speaker, the Executive side have their offices here. What if you direct that even they should not
be crossing to this side of the Assembly? What picture are we going to portray to Nairobian’s? And again, I
don’t think anyone has any powers to close a public office and especially to a public officer or an elected
Member. Mr. Speaker, this thing is very serious and I would beg that we do an official letter so that we know
whether this County is being controlled by one side or not. If it is not so, we should know where one gets
these powers from to close the door for Hon. Members because if we say that they do their work and we do
our work, this County will come to a standstill and this cannot be allowed. Thank you Mr. Speaker.
Hon. Speaker: My brother from Clay works.
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Hon. Member for Clay City Ward (Mr. Erastus Mburu): Thank you Hon. Speaker for this opportunity
to allow me to say something in regards to the allegations of the said person. It all started long ago. In fact,
if I can recall, there was a time when an Hon. Member had parked his vehicle at the designated parking for
that said person. What transpired cannot be discussed here. It was clamped. The Hon. Member pleaded with
that said person and actually it was a very traumatizing time because the said person knew the car belonged
to a Hon. Member and she instructed the officers to clamp the vehicle of the Hon. Member.
Finally, the vehicle was released but things did not get down well with that Hon. Member. Then came
the other day. She came out with a timetable for the Hon. Members for the number of days and hours they
can access her office. What kind of a treatment is that?
Hon. Members: Who is she? Who is she?
Hon. Erastus Mburu: Right now, if I desire to have an audience with the Hon. Governor, it takes
just to present myself over the desk of the secretary and then I am ushered in. this is the same person who
pleaded with us here when her name was brought here for vetting. We did it. In fact, if you rattle a snake, be
ready to be bitten by it. What she is doing is that she is expecting the Hon. Members to react and our reactions
is that she is will be saying that she used to work in these offices of the Nairobi County Assembly.
Finally, Mr. Speaker, it is very sad. These Hon. Members know how much it takes to occupy these
positions. Some of us had their waists adjusted because of the way we traversed in our Wards begging for
votes. Our sisters and brothers here camped at the ICC to have their names included in the IEBC list. It was
a very traumatizing time. She is eating something which is not part of her sweat. We fought against our
competitors and we floored them. That is why we are here. Where was she? Just swinging around with chairs
in other offices. So, it is the right time. Let us show her the door. Thank you Mr. Speaker.
Hon. Speaker: Hon. Joyce and then we close. Then Hon. Maggy Sewe.
(Applause)
Hon. Joyce Nabwire (Nominated Member): Asante Bw. Spika kwa kunipatia nafasi hii kusimama
mbele ya Waheshimiwa wenzangu. Mimi ninataka tu kuuliza, huyu Lilian ni nani? Na madaraka yake ni kubwa
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Zaidi kuliko Gavana? Kama ni madaraka kuliko Gavana, tunataka uite Gavana tukae na yeye atuelezee kwa
nini amempatia afisi yake kuwa na nguvu Zaidi kuliko Waheshimiwa. Hawa ni Waheshimiwa ambao
wameheshimiwa katika Kaunti yote ya Nairobi. Na hata hiyo ofisi ni sisi tunawapatia hiyo kazi. Lilian
hakujileta. Aliteuliwa na hawa Waheshimiwa.
Na kile kitu tunaona katika nyumba hii Bw. Spika ni kimoja. Unachukuwa vitu kuwa rahisi lakini
Members wako wanaumia. Tunapotoa Motion yoyote kwa mtu hapa, hatuoni hatua yoyote inachukuliwa.
Ungekuwa serious, hawa watu wangekuwa wametuogopa. Lakini unachukuwa vitu kuwa soft. Sasa mambo
ya kuwa soft, wacha. Sisi tuko nyuma yako hata kama ni kuenda kubomoa hizo ofisi tuko tayari tuende
tubomoe. Hatutaki kunyanyaswa. Ninataka kuongea kwa sababu mimi sipendi kuongea. Hizo ofisi zote sijui.
Najua ofisi ngapi? Ofisi ya Gavana na ya Wainaina. Najua hizo ofisi.
Chief Whip alinipata nikitaka kuona Lilian. Mnanisikia? Chief Whip akaniuliza kwa nini ninakaa nje.
Tuliingia hiyo ofisi ya Lilian. Ni nyumba. Unajua alisema nini? Chief Whip alimwambia huyu ni Mheshimiwa
na alikuja kukuona. Alisema yuko kwa mkutano na kwa nini tunaingia ofisi yake akiwa kwa mkutano. Mimi
sikujibu. Tulikuwa na yeye. Niligeuka na kuwenda. Hiyo ilikuwa mwaka jana. Na nilisema sitaingia ofisi yake.
Kama anaendelea kutunyanyasa kwa sababu amepewa nguvu zaidi, hii Assembly ndio inafanya akuwe pale.
Last Friday, nilikuja nikitaka kuingia hiyo ofisi. Hiyo ofisi ilifungwa on Thursday. Askari aliniambia hapo
wamekataza watu kupita. Nikauliza kwa nini. Wakaniambia wakubwa wamesema hakuna MCA anaingilia
upande huu. Lazima wapitie upande huo na uandikishe. Sisi tutakuwa watu wa kuandikishana tukienda
kuona wale watu tulichagua kazi? Tumechoka na tunataka hatua ichukuliwe. Asanteni.
(Applause)
Hon. Speaker: Hon. Chief Whip and then Hon. Maggy Sewe.
Hon. Chief Whip, Majority (Mr. David Mberia): Mr. Speaker, I am sorry I came late. I didn’t hear
very well the allegations but--Hon. Speaker: Order, Hon. Chief Whip!
Hon. Chief Whip, Majority: ---the allegations against the said officers are very serious allegations-
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Hon. Speaker: Order Hon. Chief Whip! Those are not allegations. It is Members who have been
turned away.
Hon. Chief Whip, Majority: Mr. Speaker, unless there is an official circular restricting Members of
this County Assembly from entering any office including the office of His Excellency the Governor of this
County, we are going to treat them as mere allegations. Mr. Speaker, we are elected and nominated. Every
nominated Member of this House has a role to play for the political parties which nominated them to this
House. We, elected Members, serve the people of Nairobi through our Wards. Mr. Speaker, I remember
when we were councilors, we used to go to the doors--Hon. Speaker: Order!
Hon. Chief Whip, Majority: Mr. Speaker, if it is true that Members of this County Assembly have
been banned from using any corridor or to enter any office, I think, as the President of this House, as the
Head of this County Assembly, your job is well cut. You need to make a communication to the Governor of
this County and let us be told if it is true that Members have been banned from using any route to enter any
office of this County Government. We know, we are in bad books now as the County Assembly. I don’t know
whether Members of Parliament or the President is also in bad books. But we know that the list which has
been laid today in Parliament has names of big people in this County.
Hon. Speaker: Order!
Hon. Chief Whip, Majority: Mr. Speaker, I am saying that we are in bad books. The list of shame-Hon. Speaker: Order Hon. Thuo, Karura Village! Order Hon. Karura!
Hon. Chief Whip: Mr. Speaker, the list of shame which has been laid today in Parliament and the
Senate has big names from this County, and in fact, the entire Country. We want to know what they are
waiting for before they eventually step aside. And if there is any Member of this House who is in that list, he
or she must as well step aside. But, Mr. Speaker, that notwithstanding, we want a communication from you
to the Head of the County Executive, who is the Governor of this County, asking whether there is a circular
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or a directive barring Members of this House to use any route to any office of this County Government. Thank
you Mr. Speaker.
Hon. Speaker: Hon. Member who has just come in, you cannot come in improperly dressed and you
want to talk on phone. Sit down and be properly dressed.
Hon. Margaret Sewe (Nominated Member): Thank you Mr. Speaker for giving me this chance. I
would want to add my voice, of course this is with a lot of concern, and what we are seeing is that things are
going to the theatre of absurdity. Very soon, we will be told; “you can shake hands with these people and not
these people” in this Assembly. It is very sad. Mr. Speaker, a precedence has been set and the die has been
cast. It is upon us to take action, Mr. Speaker, and the action we are going to take according to the powers
that are given to us in the Constitution.
Because a lot has been said in regard to this reaction, I would urge Members to effect whatever we
can do as an Assembly so that these characters like Lilian will know that they can also be disciplined. Even
the Head of State is tired of some of these behaviors. Mr. Speaker, this is unbearable behavior and we cannot
hold it anymore. I am very sure there is something we can do. Starting by going right now, if there is an
adjournment, to just confirm that it is true that we are not allowed to go through that place and that orders
were given by one Lilian Ndegwa.
Fortunately for me I have never stepped into her office and I do not miss it, as long as she is there I
am very sure that I will have no business going there. Mr. Speaker, every Member has a right to follow that
VIP route and to visit that office when there is need. Mr. Speaker, I think it is high time we take action as an
Assembly. Thank you.
Hon. Speaker: Hon. Alexina, then Hon. Alex Mulatya and then Hon. Kambi.
Hon. Alexina Moody (Nominated Member): Thank you, Mr. Speaker sir. I would not want to repeat
what my fellow Members have contributed. What I am wondering is--(Loud consultations)
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Hon. Speaker: Order Members! Hon. Kambi, Hon. Mark! You have just come in and there was a
lot of peace here.
Hon. Alexina Moody: Thank you, Mr. Speaker sir. I do remember one Nancy Baraza in this Country
when she was walking into the Village Market someplace in Muthaiga. It is true, maybe the security lady did
not know who she was addressing and that cost Nancy her job. It is very clear and in black and white that
Lillan has someone to get hold of. She may not be strong enough to tell an MCA, a Hon. Member of this
House that they are not supposed to pass here but at the end of the day the security person who is standing
at that particular gate is ready to lose the job. It is happening and they are being cautioned.
Some people were even dismissed the other day around 51 of them and Lillian is just doing all these
things left, right and center. The House has not even been consulted, I thought it was a House of rules and
orders whereby even before a dismissal is actually carried out it has to go through stages until someone is
fully convinced as to why his or her dismissal is necessary. Now, this one has become too much and it has
gone too far. Let Lillan come out and write a circular, there are hot spots in this building and then after that
she will face what she feels she can face or maybe she will have a reason as to why she thinks she can treat
the Hon. Members like that.
Mr. Speaker, Lillian’s office is a public office and that office is supposed to be used by the Hon.
Members and the public. If any Member were to go to Lillian’s house then we have reasons to even demonize
you on why you went to her house. However, that office is open from 8am to 5pm and if she feels she is too
big to accommodate these small people then let her resign her position peacefully and let the Members work
for the people of Nairobi. Thank you, Mr. Speaker.
Hon. Speaker: Hon. Mulatya and then Hon. Kambi.
Hon. Member for Kwa Njenga Ward (Mr. Alex Mulatya): Thank you, Mr. Speaker. I will first start
by thanking the Hon. Members of this House because we have been patient enough. I remember two months
ago, the one and only Hon. Jua Kali was whisked out of that office, reason being that he wanted to get some
information about his electorate. I got some communication from the same office although they were talking
in a different language thinking that I would not understand what they were saying and I would like to tell
exactly what the communication was. It was, hawa watu wanakuja kuomba Madam pesa”. That is what I
heard from them.
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I would like to request these Hon. Members that office is PUBLIC! That is a public office. If Madam
Lillian does not understand the meaning of a public office, Mr. Speaker, please make sure that we buy her a
dictionary that she can read and understand the meaning of the words ‘public office’. Mr. Speaker, what she
is actually doing in that office is a clear indication that come next year, we will not even be allowed to go
upstairs. Come mid this year, we will not be allowed to move even when searching for offices. Mr. Speaker,
I would like to put across to the Members of this House that--(Loud consultations)
Hon. Speaker: Order Members! Order Kambi!
Hon. Alex Mulatya: The Constitution was very clear that the Members of this House must be learned
and I think that is why we got elected. If it was during the previous time I think right now we would have
already locked that door and done a lot of mess in that office. However, because we are Hon. Members we
stayed calm. Lillian Ndegwa is a secretary like any other secretary in your office so I do not know which
powers she thinks she has and where she is getting them from.
If she has directed us not to use that VIP gate, does it mean that that is what the Governor has said?
Let Lillian not tarnish the image of our Hon. Governor. We know the Govenor is a man of the people and he
cannot allow such behavior and would not give an order saying we will not pass through that gate. Thank
you very much.
Hon. Speaker: Hon. Kambi and then Hon. Alex Otieno.
Hon. Member for Dandora Area II Ward (Mr. Stephen Kambi): Mr. Speaker, thank you for the
opportunity and thank you once more for remembering my name. I am Stephen Kambi, MCA, Dandora Ward
II, kindly note that. Mr. Speaker sir, I do not know why we are taking this matter lightly as an Assembly; this
is impunity of the highest order. Mr. Speaker, these are Hon. Members who were elected by Nairobian’s to
represent them. The County Government and the National Government serve the people of Kenya. If you
look at the Constitution well---
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Hon. Stephen Kambi: Mr. Speaker, sir kindly protect me, Members are consulting in loud tones.
Hon. Speaker: Order! Hon. Members, consult in low tones. Yes please.
Hon. Stephen Kambi: Thank you. I would beg my brothers and sisters to take the matter seriously
as it is. We should not joke around and we should not allow a precedent like this one which is dividing us, to
be set in this County. Let it be known that history will judge each and every one of us very harshly for being
ignorant or for just watching. Something needs to be done, this cannot be allowed.
Mr. Speaker, although there is separation of power between the County Executive and the County
Assemblies, there is one thing that we do agree about and the Constitution makes ends meet, that we all
serve Nairobian’s and Kenyans in general. Mr. Speaker sir, for us to be able to represent and advocate for
our people’s welfare and needs, we need to access those offices. All the resources that our people need
back in our electorate areas are in those offices.
Mr. Speaker, let it be noted that the Executive is the only arm of the Government that has
implementation ability. We cannot just have an Assembly where we oversee, we represent and we legislate
but there is no implementation being done. Mr. Speaker, let it be known that the Executive works for the
people of Nairobi and that is why the Chief Executive Officer in the Executive was elected rightfully by
Nairobian’s. Mr. Speaker sir, such precedents, and I urge your very able office. Mr. Speaker, you are the
head of these legislatures. If we are going to be to be taken for a ride, kindly note that it is you who is being
taken for a ride.
Mr. Speaker, kindly note that as a parent, whenever your house is under attack from either a
neighbor, your children or your spouse is being attacked you should take that as a personal attack. Mr.
Speaker sir, whatever is being done to this House is also being done to tarnish the ability of your office. Mr.
Speaker, we cannot sit down and watch such precedents proceed in this County simply because a public
officer has been mentioned in corrupt activities.
Now she wants revenge or she wants to sabotage the Assembly and create a decoy whereby she
thinks that she will be protected. Mr. Speaker sir, kindly note that we did what we were elected to do by
Nairobians. These names are even being mentioned in the National Assembly. It would be of bad taste if we
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as an Assembly just turn a blind eye to such names. The National Assembly cannot legislate on behalf of
the Nairobi City County, we did what we were elected to do and we followed due procedure.
If anybody out there feels that whatever was done by this Assembly is unconstitutional, the courts
are out there and they are very open. We are ready to be challenged, but of course you must challenge this
Assembly because you cannot challenge the office of the Ethics and Anti-Corruption Commission. You will
not challenge the office of the DPP and you will not challenge the National Assembly. Mr. Speaker sir, the
names that were mentioned in the PAC report have even been mentioned on the national platform. We
cannot allow such a precedent to continue. I beg of you, Mr. Speaker sir, you need to talk and you need to
come out in the strongest way possible. We are going to back you in every way.
Kindly note, Mr. Speaker sir, you have the ability, you are the Chair of 85 elected representatives
and more than forty something specially elected representatives. Mr. Speaker, even if it means mobilizing
Nairobians to come and storm these offices because these offices are supposed to serve Nairobians and if
they feel that we are not fit to represent Nairobians then we will bring Nairobians here to represent themselves
and ask questions.
So, Mr. Speaker, the ball is in your court. If you take these things lightly kindly note that it is not our
image being tainted out there, it is your image that is being tainted. Whenever people see you walking as
the Speaker, you are a big man, a big name, a big office but there is no respect from the other end, they
laugh at you. It has reached a point whereby even armed security guards are the ones who are talking to
Mweshimiwas as if they are just dealing with a common man from the streets. It cannot be allowed, Mr.
Speaker, we cannot have guards in order that we access our offices. Those offices are there to serve
Nairobians, period! That is not a matter of discussion and we will not give room for that.
I beg of you, Mr. Speaker sir, you need to come out very clearly and strongly, you need to say no to
such precedents. We are going to stand with you all the way and since some of those Executive corrupt
Members have proven that they are not ready to work with this Assembly, Mr. Speaker sir, I beg that it is now
high time that we put a dipstick without any fear because I personally know the Governor is a good and kind
hearted man and I am not certain if he knows what is happening from his side. However, I will take it upon
myself as his friend, to find out from him by the end of today, Mr. Speaker. Rest assured that—
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Hon. Speaker: Order Members. Okay, the last one Hon. Kambi, can you finish.
Hon. Stephen Kambi: Thank you, protect me from the kula hongo crew, we know they are here
and they are very confused, very distorted fellows who do not know what is good for themselves leave alone
the electorate. The kula hongo crew will not bring Nairobi down. Mr. Speaker sir, never! I tell Hon. Mberia
this, the representative of Karen Ward; kindly treat me well I am your future resident. My house is almost
being finished so treat me well.
Hon. Speaker: Order, Members! Hon. Kambi please finish.
Hon. Stephen Kambi: Mr. Speaker, another issue that I need to articulate before my time runs out,
I know truth is something that is very foreign to some of our colleagues here. Mr. Speaker, I would like you
and I seek your indulgence as well the Members of the Fourth Estate whom we respect very much. For the
survival of a democratic society we need them very much and they play a very big role in the society.
However, some of them have now started working for the Executive; the important business of the Assembly
is not even being highlighted out there. Nairobians do not know what we are doing here and it is very bad,
Mr. Speaker.
If people are going to carry tags we need these Members of the Fourth Estate to come with letters
from the Media Houses they represent. We give them tags here as pressmen so that at least we ensure that
whenever there is special and very important business being discussed in this Assembly it must be given
airtime out there. Mr. Speaker sir, we cannot allow people to play ping pong with the very special business
of this House.
Wanachukua habari hapa, tunasikia wanaonekana kwa offisi zingine. Sisi tunalala saa tano ya usiku
tukizurura huku tukitafuta gazeti, unaisoma unaona pengine ni kama walisahau ku-print hiyo page.
Unanunua ya asubuhi ingine, unaona ni kama walisahau. Unajaribu kutafuta kwa TV haiko mahali. Mr.
Speaker sir, we need to be given audience. I rest my case.
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2015
Hon. Speaker: Thank you very much. Order! Alex Otieno then the next order please. Order! Hon.
Kambi, you cannot be going to heaven and make noise!
Hon. Member for Mugumoini Ward (Mr. Alex Otieno): Thank you Mr. Speaker sir. Let’s call a spade
a spade and the truth will set us free Mr. Speaker. We Members right now are testing a dose of our own
medicine because we were given powers by Standing Orders and we diluted these powers.
We diluted these powers by moving around through the corridors, now we are testing these powers;
we cannot enter County Hall through the main entrance and we had all the powers and we have been using
it; I have been here long enough and there has never been something like that and we have powers Members.
We have diluted our powers.
We talk nice things when we are outside there, we talk again negatively. Just last week on Thursday
PAC Committee brought us a very nice report before this House and it was not the PAC that was speaking.
That was the voice of Auditor General. Auditor General are trained people who can go through the papers or
the documents; they went through all the papers, they came up with a report, with recommendation for the
PAC to present before the Members because PAC represents all 127 Members and they have time of going
through all this and if a Member can get a report within 2 minutes and a Member talks contrary to what
somebody has taken two or three weeks or even a month. What does it tell you?
So we need to be sober Members, if we want to regain our powers we need to be sober. Let us stop,
am talking as an elder because within this House it is only Mr. Speaker and just a few other ladies that are
slightly above my age, and let us listen Members especially those who are supposed to offer oversight, try
and put the Government of the day on the move, not to go and work with the Government of the day if you
do so then we will not be doing what we are supposed to be doing Members.
So Mr. Speaker as Hon. Andrew Mbau said these are very serious allegations and my own opinion
is you need to sit down yourself, Majority Leader, Minority Leader and the Clerk; come up with very strong
words for the Executive because we are all elected Members and if so we are the bosses of those other
people.
We are the bosses because one who can vet you and give you a job who is the boss. When you
have been given a job now you turn round, so Mr. Speaker I would like to leave it at that and sit down. Come
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2015
up with very strong warning and we are behind you, Majority, Minority and the Clerk we are all behind you;
do anything possible and we will support.
Hon. Speaker: The Hon. Leader of Minority then we close shop
Hon. Leader of Minority (Mr. Abdi I. Hassan): Thank you Mr. Speaker sir for giving me this
opportunity. I want to take this opportunity to congratulate His Excellency the President Uhuru Muigai
Kenyatta for what he did on Thursday last week. He has taken a bold move which has never been taken by
his predecessor Mwai Kibaki, Moi and even his father.
I want to tell public officers who are working in this County who have been named in that list to step
aside with immediate effect and I want to ask the Governor of this County to make sure his public officers
starting with the County Secretary, the Chief Finance Officer, the Director of Budget and one Nancy should
step aside with immediate effect otherwise the Governor should tell us if he is the lord of corruption in this
County.
On the issue of County Secretary I want to add some few words. The office of the County Secretary
does not belong to one Lilian Ndegwa. That is a public office. Members who are here are representing
Nairobians, if you say the Members are not supposed to cross over to the Executive what are you telling us?
You are telling us the Nairobians are not supposed to be served, are we going to allow that? The answer is
no, we are not going to allow that. When you send away Hon. Andrew Mbau who was elected even in 2007,
that means people have confidence in him. When you say such a person cannot access your office which is
not a private office that tells us Executive has gone amok and we are not going to allow that.
(Hon. Peter Warutere speaks inaudibly from the background)
Hon. Leader of Minority: Mr. Speaker this is a House of rules and procedure and the Hon. Warutere
should know that; we are not going to do that.
Hon. Speaker: Order, and Hon. Chairperson of Labour, sit properly and you are not properly
dressed!
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2015
Hon. Leader of Minority: Mr. Speaker sir, even the office of His Excellent the President of Republic
of Kenya is a public office. It is amazing that a junior officer such as County Secretary can tell Hon. Members
they cannot access her office. When you go through these corridors all CEC Members are crying, why this
County have amassed all powers and put into one office. I’m going to bring a Bill so that we can devolve all
powers to the line ministries. All CECs should deal with matters pertaining to their dockets. We are not going
to allow powers to be amassed into one office. We know Lilian has gone, she has gone but we are going to
get another Lilian. We are not going to allow ourselves to go to that route. Mr. Speaker sir in one month’s
time we will bring a Bill to this House so that all functions, all resources to be devolved
(A Member speaks inaudibly from the background)
Hon. Leader of Minority: A Bill cannot be brought overnight Members, it has procedures and
process which it has to undertake. I know within one month- we have an able Clerk here who is a drafter we
will accelerate that issue. With those few remarks I want to ask again to the Governor of this County, we don’t
want to see those people by tomorrow in their offices. We don’t want to see them because it shows the
Governor is contradicting the directives of the President of Republic of Kenya. The President was very
express, he even asked his CSs, the Parastatal Heads and all Principal Secretaries. As we speak now all of
them are outside their offices. We are asking public officers who are working in this County, who are
mentioned in this report to step aside with immediate effect. With those few remarks I beg to support.
Hon. Speaker: OK, we need to go to next business, Hon. Members what has transpired today is a
very sad moment for Nairobi County Assembly. Hon. Members, Hon. Kambi please you talked and we
listened to you, listen to us.
Hon. Members I think this is no longer a joke. First and foremost we are Members of Nairobi City
County Assembly first, brought here to articulate on behalf of Nairobians. Secondly we are in public offices.
Three you are serving from 2013 to 2017 if not 2018. But before I say a few words I want also to ask each
and everybody here to search your souls because some of us here have led to us being rated the way we
are rated here
(Applause)
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2015
Hon. Speaker: I remember on Thursday, not even long ago, after that report of PAC immediately a
group walked out in protest because that group came here for the interest of the Executive, not for the interest
of Nairobians.
Hon. Members: Shame! Shame!
Hon. Speaker: Order! Order Members! The question I ask you is one. Why are you being told not to
pass through to go to the offices of the County Government? It is because to them you are nothing. And what
they use is “these are mercenaries, we can pay them anytime”. I want that to stop with immediate effect and
I want to tell and promise you in future we will deal with those kind of Members perpendicularly without any
fear because you cannot tarnish the name of Nairobi County Assembly.
Hon. Members, listen to me very carefully. If any Member is hurt here by people we don’t know, it is
because of you.
Hon. Members: Who? Who?
Hon. Speaker: By you Members! Order! Order! Order Members! Hon. Members listen! Before we
left this Assembly Members see and people knew that that you talked this and that because messages were
being sent from the floor of this Assembly. We know everything.
Hon. Members I want to say this. You took your last, you did the last. What I want to say here is first
and foremost the Chairman of Labour, if he is in the House, by tomorrow 2.30 pm we want the list of mass
dismissal by the Executive. We want it on the floor of this House. Don’t come and tell us you were not helped.
The issue of barring--- Let me sit for Members to come in. come in please.
Order! Order! Order! Order Hon. Kambi!
Hon. Speaker: It is up to us to hold our name with dignity and decorum. It is very simple, we have
employed those people on the floor of this Assembly. I want to ask this Assembly when we come back from
recess we will ask the Nairobi County Service Board to stop employments. Hon. Members it is important to
note that every other day there’s employment even in the County Assembly and we shall continue employing
in the County Assembly because there are no workers. The County Assembly will continue employing as
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2015
long as there are vacancies, the movement of the County Assembly Members in this County cannot be
curtailed by anybody including the Governor himself.
Order Members!, therefore, I am going to sit down after the close of Business today but meanwhile
I don’t want to speak about Lilian because she is no longer an employee of the County Government as far
as I am concerned, but I will walk myself with Members after the close of this Business to that office and see
who will stop us and if we are stopped I will ask you tomorrow morning 8:00 o’clock we close the gate
entering the Governor’s office.
(Applause)
Hon. Speaker: As Hon. Alex Otieno said, Order Members! You can go and report, for some of us
who have served in this County ---- Order! I have been here from 92 and I have served eight to nine Mayors
including the Chairman of Nairobi Commission, I have never witnessed such a thing and it cannot happen.
I want to ask a question to Lilian Ndegwa who are you serving? Because the people of Nairobi are
represented by these Men and Women, who are you serving? I want to say this to His Excellency the
Governor that we will be watching his moves from tomorrow in regard to what we have read and what we
have heard from the National Assembly, because the staff that have been named and I said on Saturday
even if the Speaker of Nairobi Assembly was named I would have already been home. Therefore we are
going to watch the Governor, we don’t want to embarrass him but if they don’t leave we will force them out
of Nairobi County because we employed them we will terminate their contracts.
On behalf of the County Assembly Service Board I strongly condemn the issue of Members being -how can a Member go and put a visitors tag? How? Even when we go to state House we never put tags,
hapana! If tomorrow by 10:00 o’clock Members are not able to enter then we will do our job which we have
done in those years. Some of us have closed offices here several times, so it is nothing new. Although now
we are Hon. Members we cannot do that but we can do that by Osmosis. Hon. Members I thank you but I
want you to be very articulate on what brought you here. You have very few Months to start thinking whether
you are coming back as an MCA or going for Senator or Governor. By the close of the Assembly I want the
leaders of the Assembly, Hon. The Chief Whips, their Deputies we will walk to the so called forbidden land
then we see whether we will turn into stones. I thank you. Next Order! Hon. Members we are going back to
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2015
the Order Paper, Hon. Chairperson Budget you have a petition on behalf of your people. Order Hon.
Members!
PETITION
Hon. Member for Embakasi Ward (Mr. Michael Ogada): Thank you very much Mr. Speaker sir, I
have a petition to put, though Members of this Assembly seems to be very annoyed according to what is
really transpiring and if no action is taken from your office then things will be out of our hands very soon. I
am presenting a petition from residents of Embakasi, we the undersigned Citizens of Kenya who are the
residents of Embakasi draw to the attention of Nairobi County Assembly to the following;
Hon. Michael Ogada: THAT aware that the Constitution of Kenya under Article 37 and 118,
and Section 15 and 88 of the County Government Act, 2012, provide the right for citizens to petition the
Authorities or the County Government on any matter; and
THAT WHEREAS as residents in the area generally known as Embakasi Mradi, we have lived and
earned a living from the piece of land registration LR 9042/130 for twenty five years uninterrupted, and applied
to acquire title to the land in 2011 having never been a claim from any persons or institutions for the said
period of our occupation; and
THAT WHEREAS an establishment by the name Marashi Holding Ltd emerged to counter our claim
of title on account of ownership of land, despite never having at any time Registered objections to our open
and notorious occupation of the said property for twenty five years, upon which we sought redress from the
Courts on account of adverse possession, which case is still active in Court; and
THAT WHEREAS despite having launched an adverse possession claim pursuant to Section 7 of
the Limitation of Actions Act (Cap 22) Laws of Kenya, and obtaining a Court Order barring any parties from
continued development or interference with the suit property, Marashi Holdings Ltd went ahead and had our
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2015
structures demolished on 25th February, 2015 without as much as formal or legal notice whatsoever, in total
breach of the existing Court Order;
THAT WHEREAS the Court order specifically restricted anybody from alienating, fencing,
demolishing or interfering with the suit property in any way but was blatantly disregarded, leaving residents
in the cold and with nowhere else to seek further recourse since the demolitions were authorized by the
County Government and overseen by the Nairobi PPO, a Mr. Benson Kibue and Nairobi City County Chief
Officer responsible for Security, Compliance and Disaster Management, one Mr. Francis Munyambu;
AND WHEREAS we have endeavored to obey the Court Order and halted any further developments
on the said property, but now feel disadvantaged by the impunity and reckless actions on the part of the
County Government;
NOW THEREFORE your humble petitioners PRAY that;
i)
The Nairobi City County Assembly intervene in the matter with a view to investigate and take
necessary action against officers of the County Government who authorized the said demolitions in total
disregard of an existing Court Order; and
ii)
That the Nairobi City County Assembly intervenes in the matter with a view to ensuring that
the County Government of Nairobi restores the suit property to the status it was before the demolitions by
compensating residents for the loss of property occasioned by the illegal demolition.
And your humble PETITIONERS will pray.
Thank you very much Mr. Speaker sir.
Hon. Speaker: Very well that is committed to Lands and Housing Committee.
Hon. Michael Ogada: Mr. Speaker sir, I have just been advised by the Clerk that I am allowed to
make a brief comment on the same. This is a case that actually is very serious and this House need to take
it very seriously. The reason being, most of the places or the estates occupied particularly on the eastern
region of Nairobi, at least there are some claimants who are saying that they own those properties and the
County Government which we serve can with impunity disregard an existing court order because maybe
somebody who realizes that he was not advantaged in court could come and look for some three , four
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2015
officers and buy his way out or bribe them in order to be helped maybe to remove people from where they
are residing.
Mr. Speaker sir , I think this thing--- today it might be in my Ward, because I can confirm that in the
whole of my Ward, only Nyayo Estate which belongs to NSSF has title deeds, nowhere else has title deeds
in the whole of Embakasi. Go to Utawala, nobody has a title deed, go to Kayole, nobody has say for very few
parcels of land and if we allow the County Government under certain strange people inside who are corrupt
to listen and be approached by corrupt speculators, be given thirty million to go and help in removing
residents. Children, orphans are suffering while him and his wife are enjoying, I think it is a crime, it is a sin,
it is not right.
So I think Members of this House need to take it seriously, even if I lose mine, I am only fighting for
the rights of people who are affected. I told them I cannot be compromised, I can never take a bribe at the
expense of orphans, widows and widowers, I cannot and I will never, I better die poor but it is wrong that we
can see an officer proudly taking bribes and killing the people, it is not right. So this Assembly must take
some actions and show the world that we cannot allow impunity to continue, so it is my prayer because I
want actually to know those people who authorized for this demolition.
This is the cry of my people, we simply want to know them, that they are only four people that were
involved and why did they do that to the people. People lost properties, I remember a widow, the husband
died of Aids, this widow, out of the benefits she got, she did a two store building and then somebody comes
in the name of Munyambu, who is Munyambu? To come and pull that building absolutely down. The woman
is now dying, atatuma bibi yake aende kuenda kusaidia huyu mama, it is very painful, it is not right, even
before God, it is not right. So my constituents seriously want to know who authorized it, we just want to know
those people. Thank you very much.
Hon. Speaker: Just a minute, little interventions.
Hon. Member for Kahawa West Ward (Mr. Patrick Ngaruiya): Mr. Speaker, thank you for I have
caught your eye. I have caught the Speaker’s eye and I believe I do not need to be informed. This is a grave
matter, the moment I talked to the Chairman for Budget on that issue, it is something that has really affected
him, something that has really affected the people he represents.
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2015
Hon. Patrick Ngaruiya: Mr. Speaker, this is impunity of the highest order and it is true that the few
individuals have taken impunity to the next level and if you continue to condone impunity which is being
practiced by Chief Officers of this County, then sometime I ask myself if there is need of this particular
Assembly.
This Assembly does laws but when we do the laws, there are those laws that are implemented and
those which are not. That issue was given a black out Mr. Speaker and that is why the MCA of that particular
area, keeps on asking what really transpired because you can ask yourself so many questions. That thing
was not even captured in the dailies and in the media houses and that we have, it was given a blackout.
The sensitivity of the matter is that houses were demolished and people lost property, not property
of a few thousand shillings but of millions went down. Mr. Speaker, nobody commented on that issue not
even the CEO of this County. People must have been compromised to come and do what they did in that
particular area. It is high time that Nairobian’s now rose to the occasion and say enough is enough because
so much impunity, especially where the rich and mighty are involved and where the poor are affected no
body speaks. Is this County for the rich and where do you put the poor?
We need to enact laws that will allow especially the poor people who we represent and come up with
laws to protect impurity in this particular Country. The President has shown us the way, I think it is upon all
Houses in this Country to open up the Pandora’s Box and send all those people who have been bringing
impunity in this particular County starting with anyone, and they should be shown the door Mr. Speaker,
Thank you.
Hon. Speaker: Yes Hon. K’Otieno and then Hon. Manyala.
Hon. Member for Sarang’ombe Ward (Mr. Pius Otieno): Thank you Mr. Speaker, well I stand also
to give my voice on the petition that has been read by Hon. Ogada, first of all I would wish to say that we are
finding ourselves in a very difficult situation so far as issue of Human rights are concerned. The Petition
touches the basic and fundamental rights of the people and if probably these acts could have been committed
or omitted by the people, probably who were serving in this current dispensation.
Mr. Speaker, I would like to say without fear that as a human rights advocate, the least that we can
do, either to that person called Munyambu or whoever commissioned this eviction is to recommend him to
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2015
be relieved off his duties, because if the Constitution clearly says that if any individual neglects, violates,
contravenes or goes against this Constitution which is in Chapter 4 then, that person would be having no
business serving the Government or the people of Kenya.
Mr. Speaker, in fact it now give me a lot of impetus even to advice the Committee that would be
working on this petition and that time has come when we Members of County Assembly, should now start
thinking about recommending or legislating a Bill known as Nairobi City County Eviction and Demolition Bill.
This Eviction and Demolition Bill it is going to put high standards on the rights of the people before
such an eviction occurs. I believe these people must have been evicted or their houses were demolished
overnight. In the international practice or standard, the international law recommends that before you evict
or you demolish somebodies house, you must give humbly notice and while doing it you must do it with allot
of humanity.
I was at pains, even to comprehend the pain unto which the Finance Chairman was trying to put on
his point across, because he was almost wiping and it shows that probably this demolition must have been
done at night. If the Eviction Bill is brought into this house I can assure you any Chief of staff and employee
of County Assembly who will go against this Eviction Guideline Bill, Members of the public and even the
House will have enough ground to sue and even the people themselves will be compensated because by
virtue of us having a law and it is been neglected that would be fertile ground for us even to recommend that
preceding against this person should commence forthwith.
Mr. Speaker I would wish to summarize by saying, if this 2015 is a new year with all that you have
said, I would wish to remind you that, in the case of Lillian in as much as I oppose the PAC report, but with
this one probably will be denying Members access and the right to walk along the corridor, I would wish you
to write a very tough letter, in the Government there is a letter known as Show Cause Why, which must
enumerate some of the stern action, that you think would befit the likes of Lillian.
One thing with me when I oppose something I oppose it with my interest and when I agree to
something like the case of denying Members access, this is something that I can help you champion because
it touches at the corner stone of my heart, it is dear and near to my heart with that Mr. Speaker touching on
the petition I rest my case.
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2015
Hon. Speaker: Very well Hon. Otieno, Just for your information because you didn’t have the County
Government Act, I will read the right to petition, “A person has a right to petition a County Assembly to
consider any matter with its authority including what you are saying about a bill, including enacting, amending
or repealing any of its legislation”. So you are right when you say you can bring legislation here to help the
People of Nairobi on the part of Human rights perspective, thank you. Hon. Manyala.
Hon. Member for Kayole South Ward (Ms. Elizabeth Manyala): Thank you Mr. Speaker, I
empathize with Hon. Ogada he is my neighbor from Embakasi, and as I am watching the trend it is like the
gap is widening between the Executive and the County Assembly. Why am I saying this? This is because
before the demolition was carried out the Executive knew that there is an able Hon. Member who is in charge
of that Ward. He ought to have been contacted so that the mitigation issues would have been looked into
before they moved into force to do what they did.
Even if this petition goes to the relevant Committee, to me I feel it is above the scope of that
Committee and an Ad Hoc Committee be formed forthwith, because this is a pertinent issue and a sample is
always miniature of the whole population. Today it is happening in Embakasi, in Hon. Ogada’s Ward tomorrow
it will be me or it will go to another person’s Ward. It will be bleeding inside especially when it is touching
widows and under article 27 of the Constitution, which says about discrimination, you cannot discriminate
against anybody or even going and interfering with somebody’s property. The Bill of rights under article 23 of
the Constitution under Chapter 4 also is violated.
So my request is that an Ad Hoc Committee should be formed to investigate this matter because
there is a lot of bribery here and this case also it is touching one person of the Asian Origin who is an investor,
who wants to grab the land as much of the Constitution says we coexist with the Nairobians or with the
Kenyans who are living within our mix.
I think these things need to be handled cautiously and an Ad Hoc Committee should be formed
forthwith, so that we investigate and then a thorough exercise be done to ascertain whether Mr. Munyambu
acted alone or with others, maybe a chicken gate scandal is around here and I smell a rat. Therefore, I think
so many people might have eating from this same pot. This is what Wole Soyinka was saying “Don’t pound
the king’s yam in a small mortar”. Indeed it is and it has caught up with them. So I therefore, request that an
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2015
Ad Hoc Committee be formed and when that report will come out, you will find that so many people will be
found to be in this cartel. Thank you, Mr. Speaker.
Hon. Speaker: I think one formal Hon. Bishop William Abuka HSC.
Hon. William Abuka (Nominated Member): Thank you, very much Mr. Speaker, just to add my
voice to my colleague’s sentiments or expressions on the petition presented by Hon. Ogada. In Luo we say,
if you allow me and then I will interpret it. “Ngamatek Onyono kwesimeru” this means when a strong man
steps on your mothers smoking pipe instead of quarreling the strong man for breaking your mothers smoking
pipe, you turn to your mother and ask her, why she placed her pipe so carelessly. Instead of focusing your
attention on the aggressor, the one that humiliated the family and brought injury to the feeling of your parent
you turn to your mother and blame your mother instead.
I think there must be a mindset of a strong man within the County Government. This mindset has
permeated to the people that are being represented, if not only the people executing their various roles. To
the extent Mr. Speaker, I was a personal witness on this, and that is why I feel I can add my voice.
Several disabled people came to me and they voiced their concerns to your office and they had been
snatched their walking sticks, they took away their wheelchairs and crutches, I appealed to the authorities
and they told me they are going to help them to restore the things that they have taken away.
Just as you are hearing the level of impunity self-centeredness and egocentric ball size could not be
cured because they go there four, five and twenty times and nobody want to address them. Just recently I
had a case where the Revenue Collection Department was going round collecting outstanding revenue and
also seeing into it that those who have defaulted payment also were penalized a little bit and they went to a
reputable bishop not just in Kenya but in East Africa and beyond and this man came to me and I took him to
the Governor, we talked and he said I am paying, in the evening which was little money it was an oversight.
The Governor said remove hicho kibao from the Bishop’s church in the City center. This people
came in after three, four, five days later they had not taken anything. The Governor had to come in forceful
to say how many Governors do you have in this County, I have given instruction and somebody somewhere
is refusing to obey.
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Mr. Speaker, I think the message we are getting from Members of the Executive, and I don’t want to
connect the Governor to this, is that they are trying to tell the people that we represent that they are stronger
than us.
Hon. William Abuka: If anything, we should blame the people being represented and not them when
they execute heinous activities upon our people. Why should we represent people who can be beaten
anytime somebody wakes up on the wrong side of the bed? Why should we represent people who cannot do
business except at the discretion of a man or a woman with mad cow disease? Running amok on the disabled,
the pastorate and any person they perceive to be a weakling to the tune of their estimation.
Mr. Speaker, this thing must be dealt with very seriously. When it reaches a point when his Excellency
the Governor can say how many Governors do you have? It means he has been equally injured. Our people
have been troubled. If this Assembly cannot really come up and say to the aggressor you are wrong. These
people are represented. They gave us their votes we rule or exercise representation by their authority
delegated to us. You cannot trample on them like that. Then we have no business even being in this House.
I think Mr. Ogada has brought a very serious petition and is an eye opener and I want to add my
voice and support what a fellow colleague, a Hon. Member has said. This thing to an extent will call for an
Ad Hoc Committee to investigate to unearth the truth so that our people may for once feel that they are being
represented by strong, able people who can champion their interests. Nairobi is not a no man’s land. Nairobi
is our place and the people who live in it day and night 5 million, 4 million chose to elect, nominate and put
their trust in us to represent those interests. No stronger force or man is here to tell us that we are lesser
workers, lesser representatives, lesser executioners of our mandate than them, thank you Mr. Speaker.
Hon. Speaker: Very well said. I think we got it and Hon. Chairperson Budget and Member who is
affected will see me after this so that we can by tomorrow see what we can do because some of us need to
get involved in this thing as quickly as possible. Very well Hon. you have a paper to lay? This one goes to
Budget Committee. Next order please.
MOTION
Hon. Speaker: Where were we? Which Motion are we on?
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2015
Hon. Alexina Moddy: Thank you Mr. Speaker sir. This is from the Sectoral Committee on Labor and
Social Services whereby I had begun on it as you can see. It’s a resumption of debate interrupted on
Wednesday 25th.
Mr. Speaker, that this Assembly adopts the report on the Sectoral Committee on Labor and Social
Welfare on the Nairobi City County Public Service Board Annual Report 2013 to 2014 laid on the table of the
Assembly on Wednesday 15th October, 2014.
Section 59 (1) of the County Government Act 2013 requires the County Public Service Board to
prepare and submit a report to the County Assembly on the execution of its functions. On Tuesday 15th April,
2014 the Leader of the Majority party tabled the Nairobi City County Public Service Board annual report for
the year 2013. The report was thereafter committed to the Sectoral Committee on Labor and Social Welfare
for consideration.
The Committee invited the Board Secretary to take Members through the report and to clarify on
issues raised. The report is the first annual report for the Board since its inception and as such dwells on the
preliminary work of the Board. While examining the report the Committee noted that the Board undertook the
following during the period under review;
1. The board was fully constituted on 1st November, 2014 following the appointment of all
Members and the secretary to the board
2. Establish Committees based on the functional areas of the board to enable Members
discharge their mandate effectively
3. Advertised vacancies in the offices of the County Secretary and 15 Chief Officers conducted
interviews and recommended for appointment of successful candidates
Mr. Speaker, since the report was actually given since 25th we will go to the Committee’s
observations and recommendations. These are the Committee’s observations:
1. The Board lacks capacity to deliver on its mandate effectively especially recruitment of staff
and performance monitoring due to lack of efficient systems. This has been caused by the
lack of a secretariat to help the board run its affairs and previously due to the lack of a
specific budgetary allocation.
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Tuesday, March 31,
2015
2. The Board’s independence is not guaranteed since it has to depend on a budgetary
allocation from the office of the Governor to facilitate most of the operations
3. The recruitments conducted during the period under review did not consider the
marginalized persons living with disabilities, which is against the provisions of the
Constitution.
Mr. Speaker sir, those were the observations of the Committee of Labor. Now we come to the
recommendations. In view of the above findings and observations, the Committee urges the Assembly to
resolve as follows:
1. The Board should be facilitated by the Executive to establish of a fully-fledged secretariat to
assist the board in the discharge of its mandate and avoid dependence on the County Executive
2. The Board should be provided with its own budgetary allocation to enable build capacity and
establish structures and systems to enable it deliver its mandate
3. The board while recruiting should factor in the marginalized and persons living with disabilities.
Certain positions should be clearly marked that persons with disabilities shall be given priority
and encouraged to apply
4. The Board should establish performance management systems that will help in improving
productivity of County staff
5. The Board should regularly report to the Committee to update Members on it as provided for by
the County Government Act
6. During recruitment the Board should thoroughly vet applicants and not only to depend on KRA,
CID, EACC and HELB. Contemporary methods of recruitment should be adopted and
advertisement should be widely circulated. Only top talent should be given a chance to serve the
County
Mr. Speaker sir, with what I have just laid before the House, I ask Dr. Elizabeth Manyala to second.
Hon. Elizabeth Manyala: Thank you Mr. Speaker. I rise to support the Motion. Indeed I think the
Labor Committee needs a pat on the shoulders for doing a job extremely well. Since the inception of the
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Tuesday, March 31,
2015
County Assembly, they have come up with a comprehensive report. Even if you read and peruse through the
report you will find even what the Board had done when they were recruiting and what they had put in place
and making it as competitive as possible with diversity incorporating all tribes in the County. Without much
ado because of time and looking at the mood of the House and the quorum I beg to support thank you Mr.
Speaker.
Hon. Speaker: Hon. Members I propose that,
(Question proposed)
Hon. Speaker: Hon. Members. Can the mover of the Motion please reply?
Hon. Alexina Moddy: Thank you Mr. Speaker sir. I am so, so humbled and I am very grateful that
at least it has been long overdue with this document before the House. Today I can call it a day as we move
on to another level after the report has taken its course on the floor, thank you.
Hon. Speaker: Hon. Members, I put the question that,
(Question put and agreed to)
MOTION
Hon. Elizabeth Manyala: Thank you Mr. Speaker sir. That aware that section 10 of the Children’s
Act 2001 protects children from economic exploitation and any work that is likely to be hazardous or to
interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual, moral
or social development; further aware that Section 2 of the Employment Act, 2007 defines a child as any
person who has not attained the age of eighteen years;
Deeply concerned that despite all these legal instruments being in place, the Nairobi City County
more so the Central Business District has experienced massive increase in the number of children hawking
goods; further concerned that some children are being used as domestic workers (maids) in various
homesteads and others are used by adults as beggars on the streets; noting that a number of children are
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Tuesday, March 31,
2015
skipping school or have dropped from school to join the worst form of child labor; this Assembly urges the
County Government to partner with child rights organizations to curb this vice by strictly enforcing the existing
laws on child abuse and neglect.
Thank you Mr. Speaker, having read this, looking at the Children’s Act you are aware that Kenya
ratified the UNCRC in 1990 and domesticated it in 2001 through the Children’s Act where the four pillars of
rights that were actually highlighted was protection, development, participation and survival rights. At the
moment as you can see or as you walk along the streets of Nairobi in the CBD you will find young children
even when you are walking or driving home knocking your window trying to hawk or sell. Instead we have
free primary education. These children should be in school. We are denying them the development role or
the right which is enshrined in the Constitution, the Penal Code and in the Children’s Act.
This is a vice that should not be tolerated. In the estates you will find that most people are employing
maids. These maids might be young girls, children who are under 18 working as domestic workers thereby
denying them a right to development and going to school. Sometimes they work 24/7 and they are given jobs
which are above the threshold that can make them develop well. At the same time, where I come from there
is also child abuse. Children have joined the worst form of child labor.
These children are called Gaza boys and girls, they are children who are under 18 years and have
dropped out of school. We have to treat them with dignity. We need a society where children are cushioned
and mentored to be future leaders of Kenya since we are of age and by tomorrow we will need them to take
our roles. This calls for nurturing children and nurturing social fabric in the society whereby children are
nurtured and well mentored to take up these roles. Without much ado, I ask Hon Alexina Mudi to come and
second this Motion. Thank you, Mr. Speaker.
Hon. Speaker: Very well, thank you so much.
Hon. Alexina Moody (Nominated Member): Thank you, Mr. Speaker sir. From the mood of
the House, I will not take too long. As I stand to second the Motion, you will realize that many of the children
are in the estates and even in the streets especially where we have got heavy traffic jam.
A girl who is under ten years is having another baby tied oin the back and asking for money. Many
times as a parent, I would take an interest and get to know why she is in the street and in the evening. Some
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Tuesday, March 31,
2015
of them are in school but they are sent by their respective parents to go to the streets to beg and they are
told if they don’t come with food they will not sleep in the house.
I would therefore suggest that we come up with a sort of mechanism that at least the parents must
be informed, even if it is through barazas of Chiefs and D.Os that they should stop what they are doing to
their children. I want to believe that this County is able to liaise with D.Cs and Chiefs to make sure that the
parents should not let their children go to beg in the streets. It is quite unfortunate that we have got rape
cases and defilement all round. Such cases are coming up as a result of girl child being in the street. We also
have sodomy taking course every now and then in the Country, especially here in Nairobi.
Mr. Speaker, unless we stand out as Nairobi County and speak with action, and do a proper follow
up and mechanism, then I think we are bringing up the wrong people in the society due to our own ignorance.
I beg to second the Motion, thank you.
Hon. Speaker: Thank you very much, Hon. Alexina.
(Question Proposed)
Hon. Speaker: Hon. Nyaberi Nyangwara.
Hon. Member for Viwandani Ward (Mr. Samwel Nyangwara): Mr. Speaker, as I was sitting and
Hon. Manyala giving us some information as far as this Motion is concerned, I looked around and saw quite
a number of Hon. Members in this House nodding their heads. This is a very clear indication that they are
entirely supporting this Motion. It is in this fact, Mr. Speaker, that I want to request you to put the question so
that that you will see the number of Hon. Members here who are supporting this Motion. Thank you very
much.
Hon. Speaker: Hon. Wanjiku.
Hon. Karen Wanjiku (Nominated Member): Thank you, Mr. Speaker sir, I agree with what
Nyangwara has said but I want to read Article 53 of the Constitution. As I support this very good Motion about
our children, the Constitution is very clear. Article 53 (1) says ‘Every child has the right—
(a) To a name and nationality from birth;
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Tuesday, March 31,
2015
(b) To free and compulsory basic education;
(c) To basic nutrition, shelter and health care;
(d) To be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman
treatment and punishment, and hazardous or exploitative labour;
(e) To parental care and protection, which includes equal responsibility of the mother and father to
provide for the child, whether they are married to each other or not; and
(f) Not to be detained, except as a measure of last resort, and when detained, to be held—
(i) For the shortest appropriate period of time; and
(ii) Separate from adults and in conditions that take account of the child’s sex and age.’
Lastly, Mr. Speaker sir,
53 (2) says, ‘A child’s best interests are of paramount importance in every matter concerning the
child.’
Mr. Speaker sir, children’s welfare is the mandate of the County. I am in Education Committee and
we really support any children’s interests and any partnerships that will come for the Nairobi Child’s interests.
With that, Mr. Speaker sir, you can call the mover to reply. Thank you.
Hon. Speaker: Very well, Hon. Karen, that is well read and apparently this is the best. Hon. Manyala,
it is your turn to reply.
Hon Elizabeth Manyala: Thank you, Mr. Speaker. I am greatly humbled because issues of children
should be given prominence. We are going to lose children; recently we read in the papers that children in
Isiolo County were joining the worst form of child labour; moving out of the County to join the Al Shabab
movement. Children are being recruited by armed factions in Central Somalia to be
soldiers. There are also children leaving schools to work as child domestic workers. Child prostitution is there
despite having laws.
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Tuesday, March 31,
2015
We have the African Charter for the welfare rights of the child 1990 which I was Member who
participated in the AU in Addis Ababa. We are still seeing a lot of children roaming as a result of neglect. We
are urging the County Government to move with speed. As much as Kenya ratified the Rome Statute and
UNCRC, we know that institutionalization is not allowed because of abuses that take place in the institutions.
If the County Government can partner with like-minded organizations, they can provide psycho-social support
and come up with programs like a One Stop Shop whereby these children can be rehabilitated without being
taken to Boastal institutions, approved schools or remands for children who are in conflict with the law.
As I speak here my heart is bleeding because the police do not know how to handle these children.
In Kayole South, police are shooting or arrest them. If you go to Industrial Police Station Remand, you will
find so many children who are underage in custody and are locked together with hardcore criminals. What
precedent are we setting in this society?
The Constitution clearly stipulates that if a child is found to have violated any Article of the
Constitution, there are Children’s courts where they can be taken and not put in remand for not more than a
stipulated time. But we are seeing the vice is common. We are urging, as Nairobi County being the Capital
City and the Hub of East and Central Africa, that we set a good example. With that, I urge the Hon. Members
who have sat here to support this Motion. Thank you, Mr. Speaker.
Hon. Speaker: Thank you, Hon. Manyala for your wonderful thought, indeed, we hope the County
Government will do something.
(Question put and agreed to)
Hon. Speaker: The Assembly Business Committee to meet at the rise of the Assembly. The House
is adjourned to Wednesday 1st April 1, 2015 at 2:30 p.m. Thank you.
The House rose at 5:10PM

March 31 st 2015 - Work of the Assembly

Transcription

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