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Weekly Newsletter - Issue No 254
30th September - 4th October 2019

Editorial

The state should harness the potential in art for inclusive governance

The curtains of the 2019 Too Early for Birds (TEFB) Tom Mboya edition came down after five 3-hour shows that were a rollercoaster of emotions. The cast had the audience on the edge of their seats, delivering facts in between puns and new-age music and social media references that resonated on so many levels. To imagine that the life story of the iconic Thomas Joseph Odhiambo Mboya would have hundreds hooked, who were born decades after his assassination, is unfathomable.  Even more interesting, was the fact that the cast was one that probably experienced the Moi era during its last decade, but whose delivery felt as though they lived during his time and experienced him.

Beyond the bursts of laughter were many learning moments. History was being experienced in a different and memorable way that almost felt like a new encounter with this story. It was a realization that perhaps certain facts were omitted in the history books most grew up reading or these unknown facts finally hit home by the simple act of humanizing this political firebrand.

The play did more than re-enacting the events of the short life of the celebrated Mboya. It reawakened a sense of ownership of the country. The heavy scenes of his death, burial and a distraught nation mourning the loss of their adored son and leader hammered the message home, that indeed we cannot run away from our history. It was a realization, especially for the young that our country’s distant history has everything to do with the discourse of our nation’s politics and leadership.

The bold Mboya’s achievements as captured in the play were a symbolic reminder to an audience that despite being rendered helpless over the past few years, they can and they should be in prominent positions of leadership to drive change.

The young demographic has over time been associated with a sense of resignation and pessimism in the face of politics. Rightfully so, considering how murky the political waters are, it only takes the brave to attempt a dip and very few manage to navigate them. 

News of the Week

Patients to be spared from detention over unpaid bills in new Bill

MPs led by Nyando legislator Jared Okelo are on a mission to change through the Health (Amendment) Bill 2019 which seeks to prohibit the detention of patients, deceased bodies and patients’ documents over unpaid bills. Mr Okelo says hospitals should find an amicable way of resolving the issue with the affected relatives instead of detaining the bodies. The Bill is set to undergo its third reading after the Budget and Appropriation Committee met with Mr Okelo to discuss the cost implication of implementing the Bill in its current form. 
According to an analysis done by the Committee, the national government will have to allocate Sh 50 million for each county every financial year to fully achieve the objective of the Bill. This translates to Sh 2.3 billion annually which will be channelled to national referral hospitals and other public health facilities to cushion them against losses of releasing bodies without charging a coin. While lauding Okelo’s move, Bondo MP Gideon Ochanda said there needs to be a distinction on the Bill on who is totally needy that cannot afford to pay, against those who are financially capable of meeting their bills.

Magoha, Belio summoned over closure of schools

Education CS George Magoha and his PS Belio Kipsangare are expected to appear before the Senate Education Committee to shed light on the state of infrastructure in schools following Deputy Speaker Kithure Kindiki’s directive. Kindiki was reacting to a statement requested by nominated Senator Millicent Omanga regarding the fatalities caused by the collapse of a classroom at Precious Talents Top School in Dagoretti. Leader of Majority in the National Assembly Aden Duale has faulted MAgoha and Kipsang for the closure of tens of schools in the wake of last week’s tragedy terming their reaction “knee-jerk”. He wants the duo to take responsibility and resign for incompetence and negligence.

MPs demand an overhaul of KFS 

MPs led by Likoni’s Mishi Mboko, Lunga Lunga’s Khatib Mwashetani and Homa Bay’s Gladys Wanga are demanding an overhaul of the Kenya Ferry Services after a car aboard a Likoni Channel ferry rolled into the Indian Ocean, drowning a woman and her daughter. They also want KFS officials, Kenya Coast Guard Services and the Kenyan Navy to take responsibility for the death of Mariam Kighenda and her daughter Amanda Mutheu, adding that the accident was a result of incompetence and gross negligence by the state agencies. 
The MPs said the officials should face the full force of the law should investigations prove that acts of omission or commission had caused the duo’s deaths. Mwashetani says the delay in the recovery of the bodies could’ve been avoided had KFS agreed from the onset to hire private divers. Kenya Maritime Authority says KFS management should take responsibility for the loss of lives saying it had failed to heed its calls to improve the safety of their operations.

Defence Ministry on the spot over expenditure meant for ERP system

The Public Accounts Committee sought answers from the Ministry of Defence over the expenditure of Sh 156 million for the institution of the Enterprise Resource Planning system in various barracks. Chaired by Ugunja MP Opiyo Wandayi, PAC sought to know how the ministry would spend so much money on a system with no staff trained on its usage. The committee also sought to know how the tender awarded to M/s Alliance Technologies increased from the initial cost of sh 6 million to Sh 156 million.
Opiyo also sought to know the legal basis under which the ministry resulted in direct procurement. The committee sought to know whether the ministry budgeted for the project after it emerged that various barracks had reverted to the manual system. In his statement, Defence PS Ibrahim Mohamed explained that while the system had been installed successfully, it had not been fully utilized due to a high turnover of personnel, frequent power failures and incomplete infrastructure. He defended the acquisition saying it would allow transparency and accountability of suppliers’ transactions hence reducing the use of papers.

CBC now anchored in law

The Competency-Based Curriculum (CBC) being implemented in schools is now anchored in law after legislators unanimously passed the Sessional Paper Number 1 of 2019 on the Policy Framework for Reforming Education and Training for Sustainable Development. During the debate on the sessional paper, MPs widely shared their displeasure of the 8-4-4 system, terming it as a let down to the country for not being practical.
Education Committee Chair Julius Melly said the policy would provide a framework for the adoption of the CBC including providing the basis for addressing challenges in the education sector. According to him, the sessional paper will also go a long way in providing the basis for developing an education sector strategic plan that will promote a comprehensive framework for programme implementation.

KPC appear before the Senate over 'lost' funds

The National Assembly Public Investments Committee learnt that taxpayers lost Sh 30 million paid by Kenya Pipeline Company to an Italian firm for the procurement of a budget management system which has since stalled when the acting MD appeared before the committee yesterday. The acting MD Hudson Andambi said that KPC has asked the Public Procurement Regulatory Authority to blacklist Italian firm, Doorsun Consulting who received the payment in 2015. He said that it is standard practice to pay for a licence before a system is installed. 
An ICT officer at KPC told MPs that the system can only be used after a software upgrade, which will be an additional expense to taxpayers, a concern that the Committee Chair Abdulswamad Nassir raised following the termination of the contract with the Italian firm. Members of the Committee demanded to know why the management of KPC took two years to take any action against the Italian company and demand compensation.

Quote of the Week

"Vijana wengi wa Pwani hawapewi kazi. Inapofika wakati wa kuandika wanajeshi wa maji, vijana wengi hawapewi kazi inakuwa ni kupeana kazi kwa kujuana. Bahari ina wenyewe, na wenye bahari wanafaa wapewe kazi hii"

Quote by Nyali MP Mohamed Ali contributing to a motion tabled by Likoni MP Mishi Mboko on October 2nd 2019 following the Likoni Ferry Tragedy

Lest we forget

The Government must create talent centres for artists. This is a huge industry that can create a lot of employment for the youth. We can even export one talent to the rest of the world. This industry has propelled me to where I am today. We, therefore, need to nurture this talent and celebrate and support our artists. Artists can unite Kenyans better than any other profession.

Sentiments by Starehe MP Charles Njagua during a motion on the Presidential Address on September 14th 2017.

Read the Hansard

Bills before the National Assembly

First Reading
THE KENYA INFORMATION AND COMMUNICATIONS (AMENDMENT) BILL
- NO. 61 OF 2019
Sponsored by Hon Malulu Injendi
THE CONSTITUTION OF KENYA (AMENDMENT)(No.4) BILL
- NO. 60 OF 2019
Sponsored by Hon Jeremiah Kioni
THE PUBLIC FUNDRAISING APPEALS BILL
- NO. 66 OF 2019
Sponsored by Hon Jeremiah Kioni
THE HEALTH (AMENDMENT) BILL
- NO. 64 OF 2019
Sponsored by Hon Swarup Ranjan Mishra
THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL
- NO.65 OF 2019
Sponsored by Hon Gladys Wanga
Second Reading
THE PETITION TO COUNTY ASSEMBLIES (PROCEDURE) BILL
- SENATE BILL NO. 22 OF 2018
Sponsored by Hon William Cheptumo
THE EARLY CHILDHOOD EDUCATION BILL
- SENATE BILL NO.26 OF 2018
Sponsored by Hon Julius Melly
THE COUNTY GOVERNMENTS (REVENUE RAISING PROCESS) BILL
- NO. 24 OF 2018
Sponsored by Majority Leader Hon Aden Duale
THE ANTI-CORRUPTION AND ECONOMIC CRIMES (AMENDMENT) BILL
- NO. 6 OF 2019
Sponsored by Hon Ndindi Nyoro
THE EMPLOYMENT (AMENDMENT) BILL
- NO. 15 OF 2019
Sponsored by Hon Martha Wangari
THE LIVESTOCK AND LIVESTOCK PRODUCTS MARKETING BOARD BILL
- NO. 2 OF 2019
Sponsored by Hon Bashir Abdullaih
Third Reading: Committee of the Whole House
The Sacco Societies (Amendment) Bill
- NO. 1 OF 2018 
Sponsored by Majority Leader Hon Aden Duale
The Sectional Properties Bill
- NO. 23 OF 2019
Sponsored by Majority Leader Hon Aden Duale

Bills before the Senate

First Reading
Second Reading
THE COUNTY TOURISM BILL
- SENATE BILLS NO. 5 OF 2019
Sponsored by Sen Agnes Zani
THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL
- SENATE BILLS NO. 10 OF 2019
Sponsored by Sen Charles Kibiru
THE COUNTY HALL OF FAME BILL
- SENATE BILLS NO. 39 OF 2018
Sponsored by Senate Majority Leader Kipchumba Murkomen
THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO. 2) BILL
- NATIONAL ASSEMBLY BILLS NO. 13 OF 2018
Sponsored by Senate Majority Leader Kipchumba Murkomen
THE ESTABLISHMENT OF CHILDREN’S HOMES BILL
- SENATE BILLS NO. 12 OF 2019
Sponsored by Sen Agnes Zani
Third Reading: Committee of the Whole House
THE COMMISSION ON ADMINISTRATIVE JUSTICE BILL
- SENATE BILLS NO. 6 OF 2019
Sponsored by Sen Petronilla Were Lokorio
THE NATURAL RESOURCES (BENEFIT SHARING) BILL
- SENATE BILLS NO. 31 OF 2018
Sponsored by Sen Agnes Zani
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- SENATE BILLS NO. 3 OF 2019
Sponsored by Sen Agnes Zani

Public Participation

National Assembly Select Committee on National Cohesion & Equal Opportunity inviting Kenyans to submit their views on the following Bills:

a) The Constitution of Kenya (Amendment) Bill 2019
b) The Public Fundraising Appeals, 2019


Presentations may be forwarded to the Clerk of the National Assembly, P. O. BOX 41842-00100; hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi or;

emailed to the clerk@parliament.go.ke to be received on or before Monday, 14th October 2019 at 5:00 pm

The National Assembly Departmental Committee on Health is inviting Kenyans to submit their views on the following Bills:

a) The Mental Health (Amendment) Bill (Senate Bill No 32 of 2018)
b) The Radiographers Bill (NA Bill No 47 of 2019)
c) The Health (Amendment) Bill (NA Bill 64 of 2019)
d) The Cancer Prevention and Control (Amendment) Bill (NA Bill No. of 2019)

Presentations may be forwarded to the Clerk of the National Assembly, P. O. BOX 41842-00100; hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi or;

emailed to the clerk@parliament.go.ke to be received on or before Monday, 14th October 2019 at 5:00 pm.

The Senate Standing Committee on Finance and Budget invites Kenyans to share views on the Public Finance Management (Amendment) Bill (NA Bill No 63 of 2019).

Public hearings shall be held on Wednesday, 16th October 2019 from 10 am to noon at Mini Chamber, 1st Floor, County Hall Nairobi.

Presentations may be forwarded to the Clerk of the Senate/Secretary Parliamentary Service Commission, P.O. BOX 41842-00100, Nairobi, hand-delivered to the Office of the Clerk, 1st Floor, Main Parliament Buildings, Nairobi or;

emailed to csenate@parliament.go.ke to be received on or before Tuesday, 15th October 2019 at 5:00 pm.

National Assembly Select Committee on National Government Constituencies Development Fund invites interested members of the public to submit views on The County Wards Development Equalization Fund Bill (Senate Bill No 34 of 2018). 

Presentations may be forwarded to the Clerk of the National Assembly, P.O. BOX 41842-00100, Nairobi, hand-delivered to the Office of the Clerk, 1st Floor, Main Parliament Buildings, Nairobi or;

emailed to clerk@parliament.go.ke to be received on or before Friday, 18th October 2019 at 5:00 pm.

The Senate Standing Committee on Education Finance and Budget invites Kenyans to share views on the Kenya Sign Language Bill (Senate Bills No 15 of 2019).

Public hearings shall be held on Thursday, 17th October 2019 from 10 am to noon at County Hall Mini Chambers.

Written memoranda may be forwarded to the Clerk of the Senate/Secretary Parliamentary Service Commission, P.O. BOX 41842-00100, Nairobi, hand-delivered to the Office of the Clerk, 1st Floor, Main Parliament Buildings, Nairobi or;

emailed to csenate@parliament.go.ke to be received on or before Wednesday, 16th October 2019 at 5:00 pm.

Departmental Committee on Administration and National Security invites interested members of the public to submit views on The Refugees Bill (National Assembly Bill No 62 of 2019).

Written memoranda may be forwarded to the Clerk of the National Assembly, P.O. BOX 41842-00100, Nairobi, hand-delivered to the Office of the Clerk, 1st Floor, Main Parliament Buildings, Nairobi or;

or emailed to clerk@parliament.go.ke to be received on or before Friday, 18th October 2019 at 5:00 pm.

Public hearings shall be held in the following counties:

Thursday 17th October 2019 (10am - 5pm) 

i) Nairobi - Mini Chambers, 1st Floor, County Hall
ii) Uasin Gishu - Teachers Advisory Center, Eldoret Town
iii) Nakuru - Old Town Hall (Nakuru Town)
 

Friday 18th October 2019 (10am - 5pm) 

i) Garissa - Dadaab IOM (Dadaab)
ii) Turkana - Silga Valley Restaurant (Kakuma)


Saturday 19th October 2019 (10 am - 5 pm)

i) Mombasa - Kenya School of Government, Tsavo Hall (Mombasa Town)

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