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Weekly Newsletter - Issue No 252
16th September - 20th September 2019

Editorial

The Ground Addresses a Great Concern For Frequented Oversight

Kwa Ground Vitu Ni Different a common Kenyan phrase among the youth, which translates Matters on the ground are different. The same is the state of most sectors in our government. It is without question that our parliament has perfected the art of lawmaking. In fact among its parliamentary responsibilities, the legislative role outweighs oversight and representation. But even as our parliaments craft these laws, what is to be questioned is how they’re implemented and overseen at the grass-root level.

Overtime our parliaments and ministries have proven to take a back seat on laws and resorted to reactive rather than a proactive approach that has been costly to the citizenry. Lack of proper oversight in implementation has proven the unfathomable power of tragedy in waking the conscience of our parliaments and ministries on crucial matters. As always last-minute stances have been sought through coercive measures such as parliamentary summons, ministerial and presidential directives to back up the many legislations in place.

Recent occurrences in and around the education sector paint a picture of negligent institutions and officers; the death of young Chepng’eno linked to period shamming by a teacher and the tragic accident of the one-storey classroom building at Precious Talents Academy in Dagoretti South that cost the lives of eight, leaving more than 60 learners injured and hundreds with trauma to deal with for the rest of their lives, are instances that could have been solved by simple oversight.

Whereas the parliament, through legislation, in a bid to promote the rights and interests of the child developed the Basic Education Act, 2013, which among many things seeks to provide for accreditation, registration, governance and management of institutions of basic education, many killer schools such as Precious Talents are still in existence and yet there is still a widespread noncompliance to minimum set standards for schools.

News of the Week

Senate Mashinani in Kitui County

The Senate kicked off their proceedings in Kitui County on Tuesday, Sept 17th 2019, marking the second year the House conducted its plenary and committee hearings outside Nairobi in a bid to bring the Senate closer to the people. Tuesday proved to be quite the busy day as the Senate pulled almost 7 hours of tabling, debating and passing the County Allocation of Revenue Bill following President Uhuru's signing into law the mediated Division of Revenue Bill. The house resolved to increase the frequency of the Senate mashinani proceedings in a bid to cover all 47 counties.

                                                                                                      

Data Protection Bill 2019 public hearings

The month-long public hearings on the Data Protection Bill 2019 came to an end in Nairobi on Tuesday September 17th 2019. The turn out had pool of representatives from various groups lawyers (Lawyers Hub Kenya, Bowman & Miller Advocates), tech companies (Google, Mozilla, CODE IP and TESPOK) and CSOs (Amnesty International, Article 19, Mzalendo Trust). Chaired by Hon William Kisang, the Departmental Committee on Communication, Information and Innovation heard submissions that raised concerns over the licensing requirements and data on children. The committee gave the participants one more week to submit their views on the issues that were raised during the hearings. 

MPs spare guarantors from painful auctioneers gavel

MPs approved the Law of contract (Amendment) Bill, 2019 through third reading. The Bill that is currently awaiting presidential assent proposes that in case of a default by the principal borrower of a loan, the creditor should first auction the assets of the former before raiding the property of guarantor. The amendment of Section 3 of the Law of Contract Act will aim to protect the assets of the guarantor.
The Bill comes amid increased cases of lenders taking over guarantors' property when borrowers fail to settle their dues.

Omtatah challenges NLC list of nominees

Activist Okiya Omtatah told the National Assembly Lands Committee the nomination process for the National Lands Commission was flawed and violated the Constitution, recommending that the 8 nominees floated by the President should not be vetted. He told the committee that he would be proceeding to the High Court to obtain orders to halt the vetting. He said the President did not stick to the law whole constituting the selection panel that came up with the list of nominees. He says the President failed to include key stakeholders in the panel, such as male and female representatives from NGOs as provided for in the law.

Muturi deals the Executive a blow on the Finance Bill 

National Assembly Speaker Justin Muturi expunged Clauses 50 and 51 from the Finance Bill 2019 dealing a blow to the Executive in its bid to have advocates disclose the financial dealings of their clients. The Clauses sought to amend the Proceeds of Crime and Anti-Money Laundering to designate advocates, notaries and other independent legal professionals as reporting institutions to the Financial Reporting Centre (FRC). The speaker also ordered that Clause 43, which sought to amend the Section 33 (b) of the Banking Act to remove interest rate caps, be purged as the House is already considering the matter in a separate Bill. His actions came after Rarieda MP Otiende Amollo sought his intervention, saying that passing the Finance Bill as it is would make advocates reporting agents to the police.
Muturi, however, said there’s nothing to stop anyone from proposing amendments to the bill, which is currently under consideration in the National Assembly, through a substantive bill.

KICC on the spot over misuse of funds

National Assembly Public Investment Committee (PIC) has summoned the management of KICC led by CEO Nana Gecaga over alleged blatant misuse of public funds, as it has now emerged that KICC has been rocked by yet another scandal over Sh 15 million it paid to an American company for exhibition space in the US for two days. The figure is above rates that IMEX America, the firm that organized the exhibition from September 10th to 12th at the Sands and Expo and Convention Centre in Las Vegas, as published on its website.
Yesterday the PIC Chair Abdulswamad Shariff said the committee expects MS Gecaga to shed light on the questionable expenditures, which include the payments made to the American company.

Quote of the Week

"Yesterday was indeed a dark day for Dagoretti residents and the entire country. This is not the time for blame-game but to ask hard questions. Where were the county quality assurers when this structure was put up? We need to ask what is the driving force for proprietors of such schools that put children at risk"

Quote by Dagoretti South MP John Kiarie contributing to the statement on the collapse of Precious Talent School in Dagoretti on September 24th 2019.

Lest we forget

"We can stop other things and prevent or ensure we are able to investigate and come up with solutions as to why some of these acts are happening in our schools. I have done my investigation. Installing CCTV cameras is not an expensive exercise. All we need to do is have the Government spearhead it and prevent the schools from being exploited by people who take advantage of every opportunity that comes up in this country."

Sentiments by Mwea MP Joseph Wachira contributing to a motion on the installation of CCTV cameras in public secondary schools on July 25th 2018

Read the Hansard

Bills before the National Assembly

First Reading
THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT)(No.2) BILL
- NO. 58 OF 2019
Sponsored by Hon Simiyu Eseli
THE COUNTY ALLOCATION OF REVENUE BILL
- SENATE BILL NO. 8 OF 2019
Sponsored by Hon Kimani Ichung'wah
THE LOCAL CONTENT BILL
- SENATE BILL NO. 10 OF 2018
Sponsored by Hon David Gikaria
THE MENTAL HEALTH (AMENDMENT) BILL
- SENATE BILL NO. 32 OF 2018
Sponsored by Hon Sabina Chege
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 BANKING (AMENDMENT) BILL
- NO. 55 OF 2019
Sponsored by Hon Jude Njomo
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
THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT) BILL
- NO. 16 OF 2019
Sponsored by Hon Makali Mulu
THE COUNTY ALLOCATION OF REVENUE BILL
- SENATE BILL NO. 8 OF 2019
Sponsored by Hon Kimani Ichung'wah
THE FINANCE BILL
- NO. 51 OF 2019
Sponsored by Hon Joseph Limo
Third Reading: Committee of the Whole House
The Public Finance Management (Amendment) Bill
- NO. 63 of 2019
Sponsored by Hon Kimani Ichung'wah
Consideration of the President’s Reservations to the Parliamentary Service BilL
- NO. 6 of 2018
Sponsored by Majority Leader Hon Aden Duale
The Independent Electoral And Boundaries Commission (Amendment)(No. 3)
- NO. 35 of 2019
Sponsored by Hon William Cheptumo
THE COUNTY ALLOCATION OF REVENUE BILL
- SENATE BILL NO. 8 OF 2019
Sponsored by Hon Kimani Ichung'wah
The Law of Contract (Amendment) Bill
- NO. 1 of 2019
Sponsored by Hon Francis Waititu
The Nuclear Regulatory Bill
- NO. 27 of 2018
Sponsored by Majority Leader Hon Aden Duale

Bills before the Senate

First Reading
THE CONSTITUTION OF KENYA (AMENDMENT) BILL
- SENATE BILLS NO. 16 OF 2019
Sponsored by Sen Farhiya Ali and Sen Mutula Kilonzo Junior
THE COUNTY LICENSING (UNIFORM PROCEDURES) BILL
- SENATE BILLS NO. 17 OF 2019
Sponsored by Sen Mercy Chebeni
THE ELECTIONS (AMENDMENT) BILL
- SENATE BILLS NO. 18 OF 2019
Sponsored by Sen Ephraim Maina
THE ALTERNATIVE DISPUTE RESOLUTION BILL
- SENATE BILLS NO. 19 OF 2019
Sponsored by Sen Sylvia Kasanga
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
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

Public Participation

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