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Weekly Newsletter - Issue No 242
1st July - 5th July 2019

Editorial

Of legacies and lessons in death

Death like change is inevitable, no one is immune to it. It leaves those close to the deceased with a never-ending feeling of emptiness that one can only learn to cope with but never move on from. This is the state that Kenya has been for the past week, mourning great men who touched more lives than they realized during their lifetime. Life has robbed us of three great men; corporate titan Bob Collymore, the football legend Joe Kadenge and prominent lawyer Karanja Kabage all in a period of one week. The latter might not have been as popular on a national scale as Bob and Joe, but he sure did command respect in his line of work.

The celebration of their lives was definitely marked with a difference, with a genuine outpouring of love that didn’t for a moment feel like an obligation to the departed. The late Safaricom CEO almost sounded like everyone’s best friend with hundreds of people sharing memorable touching personal encounters with him. Not only did he transform the telco into a corporate beast, but he also touched so many lives through selfless leadership. During his tenure, artists had a place in the corporate environment changing the narrative that the corporate world only had room for sharp suits.

He mingled with anyone and everyone, humanizing his position and making his staff proud to be led by him. His style of leadership was unconventional, innovative and accommodating to all. Going by the various accounts online, the man’s wit and brilliance were hard to miss at every encounter. It is no surprise that his memorial service would attract even the highest office on the land because what he left behind was a legacy. Much as he was not a native, he sure did feel like a son of the soil who lived to make improve Kenyans’ lives.

News of the Week

Shollei seeks justice for human rights victims

Uasin Gishu Women Representative Gladys Shollei is sponsoring Kenya Reparations Bill 2019 that aims to provide for the recognition and reparations of victims of human rights violations in Kenya arising from but not limited to the period covered by the TJRC Report. This follows Parliament’s inaction on the report that was tabled on the floor of the House in July 2013. The Reparations legislation will provide for a mechanism through which the State can compensate victims of human rights abuses. 
According to the legislative proposal, “the Act shall apply to all victims during the period of December 12, 1963 to October 2, 2014.” 
Ms Shollei also proposes the establishment of a time-bound Reparation Claims Commission (RCC) to lead in investigating reparation claims and compensation of victims. If the bill is passed into law, anyone who has a human rights violation claim will be free to approach the RCC with an application accompanied by a sworn affidavit. Upon concluding the commission’s hearings on the claims received, RCC will have 30 days to publish in the Kenya Gazette & two dailies with countrywide circulation, the names of victims with legitimate claims and the amount to be awarded to each.

The money will then be awarded within 90 days from the date of publication. This is the second time Ms Shollei brings up the Bill after it flopped in 2017, with the main stumbling block being the National Treasury, which had opposed the Bill on grounds that the proposed RCC was taking the powers of KNCHR.

                                                                                                      

Governors threaten to head to Supreme Court over DoR 

The Council of Governors is opposed to National Assembly Division of Revenue Bill that seeks to reduce the allocation of equitable share to counties by Sh 10 billion even and are now threatening to head to the Supreme Court. Bungoma Governor Wycliffe Wangamati says the county bosses will head to the Supreme Court to adjudicate on just how much counties should be allocated bearing in mind their functions vis-a-vis the functions of the national government.
He says the Constitution saw most government functions devolved to the counties among them health, agriculture, trade, industry, lands, roads and infrastructure.
                                                                    

PSC proposal on civil service raises concern with Senate

Senators are concerned on the new government policy to freeze permanent employment in the civil service claiming no consultation/public participation happened. PSC announced as part of reforms to reduce the wage bill, the gov't will hire civil servants on contract from July 2019. New civil service will sign 3-year contracts, renewable after a satisfactory performance while serving staff will sign performance contracts.
The Senate’s Labour Committee dismissed this proposal and warned on negative implications on productivity. The Labour Committee promised to invite the PSC to give an explanation on the process. The committee will engage the CoG, trade unions, PSC to ensure that it is implemented in the public’s interest.

MPs give CBC the greenlight 

MPs have endorsed the competency-based curriculum but asked the Ministry of Education to address the identified gaps with speed. Prof Magoha said a task force will collect views on crucial areas concerning the curriculum. One of the main issues of concern in the competency-based curriculum is if class 6 pupils should sit a national exam to join high school. Education PS Belio Kipsang said discussions are ongoing on staff utilization and infrastructure in schools.

Oparanya raises concern over delayed funds to counties

The Chairman of the Council of Governors, Wycliffe Oparanya has asked the Treasury to release Sh43bn to counties to avoid crippling of services. He terms the delay in releasing monies a violation of the law. 
Oparanya noted that an agreement is yet to be reached on how much counties should receive and has since directed a thorough vetting of contractors to mitigate delays in projects implementation in the counties.

MPs to be included in cabinet in new Bill

The Parliamentary Budget Office (PBO) has approved the publication of a Constitutional Amendment Bill that if approved will require MPs to be in the Cabinet. The draft Bill is aimed at reducing the public wage bill. The Bill also contains Ksh15 billion in referendum cost implications as it aims to change article 255 of the Constitution on the functions of Parliament.

Stalemate on DoR now affects the Appropriation Bill

The Senate Committee on Budget and Finance wants the implementation of the Appropriation Act 2019 halted until the collapsed of the Division of Revenue Allocation Bill is introduced, debated and passed by both Houses of Parliament. The Committee said the Act is both unlawful and in contravention of the provisions of the Constitution. The President assented the Appropriation Bill last week.

Quote of the Week

"I will really cherish to see a National Assembly where women are 60% so that we can also see when they're many, what's their performance as compared to men who have for a long time since independence been dominant"

Quote by Hon David Ole Sankok during an interview with Mzalendo Trust on his views on the recent Parliamentary Scorecard on July 2nd 2019.

Lest we forget

"The legacy of excellence in service is something that we all need to cultivate, especially when we are elected as Members of Parliament, Senators and even county governors so that we can create that legacy."

Sentiments by Kiambu Women Representative Hon Gathoni Wamuchomba during a motion on the presidential address on September 14th 2017.

Read the Hansard

Newsmaker this Week

Starehe MP Charles Njagua was freed on Sh 500,000 cash bail on July 3rd, 2019 after the prosecution told the Nairobi Court that he had made utterances intended to incite Kenyans against foreign nationals living within the country. This was after he spent almost a week in custody after being arrested over comments that drew the attention of the Tanzanian Parliament with concerns being raised over the safety of Tanzanians living and operating in Starehe constituency. 

... PROFILE

Bills before the National Assembly

First Reading
THE KENYA UWEZO FUND BILL
- NO 42 OF 2019
Sponsored by Hon David.K. Bowen
THE EQUALISATION FUND BILL
- NO. 43 OF 2019
Sponsored by Hon Kassait Kamket
Second Reading
THE LAW OF CONTRACT (AMENDMENT) BILL
- NO. 1 OF 2019
Sponsored by Hon Francis Waititu
Third Reading: Committee of the Whole House
The Kenya Accreditation Service Bill
- NO. 17 OF 2018 
Sponsored by Leader of Majority Hon Aden Duale
The Parliamentary Service Bill
- No. 6 of 2018
Sponsored by Majority Leader Hon Aden Duale 
Consideration of the President’s Reservations to the Statute Law (Miscellaneous Amendments) Bill
- NO. 21 of 2019
Sponsored by Majority Leader Hon Aden Duale

Bills before the Senate

First Reading
THE NATIONAL MUSEUM AND HERITAGE (AMENDMENT) BILL
- SENATE BILLS NO. 7 OF 2019 
Sponsored by Sen Alice Milgo
Second Reading
THE KENYA MEDICAL SUPPLIES AUTHORITY (AMENDMENT) BILL
- NO. 38 OF 2018
Sponsored by Sen Mary Seneta
THE COUNTY HALL OF FAME BILL
- NO. 39 OF 2018
Sponsored by Senate Majority Leader Sen Kipchumba Murkomen
THE PERSONS WITH DISABILITIES (AMENDMENT) BILL
- NO. 1 OF 2019
Sponsored by Sen Aaron Cheruiyot and Sen Isaac Mwaura
THE CONSTITUTION OF KENYA (AMENDMENT) BILL
- NO. 2 OF 2019
Sponsored by Senate Majority Leader Sen Kipchumba Murkomen
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- NO. 3 OF 2019
Sponsored by Sen Agnes Zani
THE CONTROL OF STRAY DOGS BILL
- NO. 4 OF 2019
Sponsored by Sen Mary Seneta
Third Reading: Committee of the Whole House
THE RETIREMENT BENEFITS (DEPUTY PRESIDENT AND DESIGNATED STATE OFFICERS) (AMENDMENT) BILL
- SEN. BILLS NO. 2 OF 2018
Sponsored by Sen Ledama Olekina
THE STATUTORY INSTRUMENTS (AMENDMENT) BILL
- SEN BILLS NO. 24 OF 2018
Sponsored by Sen Samuel Poghisio
THE NATIONAL COHESION AND PEACE BUILDING BILL
- SENATE BILLS NO. 35 OF 2018
Sponsored by Sen Judith Pareno
THE DETERMINATION OF THE NATURE OF BILLS (PROCEDURE) BILL
- SENATE BILLS NO. 30 OF 2018
Sponsored by Sen. Mutula Kilonzo Jnr. and Sen Sakaja Johnson
THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL
- SENATE BILLS NO. 28 OF 2018
Sponsored by Sen Ledama Olekina
THE DATA PROTECTION BILL
- SENATE BILLS NO. 16 OF 2018
Sponsored by Sen Gideon Moi
THE LOCAL CONTENT BILL
- SENATE BILLS NO. 10 OF 2018
Sponsored by Sen Gideon Moi
THE NATURAL RESOURCES (BENEFIT SHARING) BILL
- SENATE BILLS NO. 31 OF 2018
Sponsored by Sen Agnes Zani
THE ELECTION LAWS (AMENDMENT) (NO.2) BILL
- SENATE BILLS NO. 37 OF 2018
Sponsored by Sen Agnes Zani

Public Participation

The Departmental Committee on Agriculture and Livestock invites interested members of the Public to submit any representation on The Crops (Amendment) Bill 2019, on or before Tuesday, 16thJuly 2019 by 5pm. 

Written memoranda can be forwarded to the:

The Clerk of the National Assembly,
P.O. Box 41842 – 00100 Nairobi


or

hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi; or
emailed to clerk@parliament.go.ke on or before Tuesday, 16th July 2019.

The Departmental Committee on Communication, Information and Innovation invites interested members of the Public to submit representations they may have on the Data Protection Bill, 2019 on or before Tuesday 16th July 2019 at 5pm.

Comments, input or memoranda may be forwarded to:
The Clerk of the National Assembly,
P.O. Box 41842-00100, Nairobi 


or 

hand-delivered to the Office of the Clerk, Main Parliament Building; or
emailed to clerk@parliament.go.ke to be received on or before the Wednesday 16th July 2019 at 5:00 pm.

The Departmental Committee on Justice and Legal Affairs invites interested members of the public to submit any representations they may have on the Statutory Instruments (Amendment) Bill 2019 on or before Wednesday 17th July 2019 by 5 pm.

Comments, input or memoranda may be forwarded to:
The Clerk of the National Assembly
P.O. Box 41842-00100, Nairobi.


or

hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi on or before, Wednesday, 17th July 2019 by 5 pm; or
emailed to clerk@parliament.go.ke before or on, Wednesday, 17th July 2019 5 pm. 

The Constitutional Implementation Oversight Committee invites interested members of the Public to submit representations they may have on the Representation of Special Interest Group Laws (Amendment) Bill, 2019 on or before Wednesday 17th July 2019 by 5 pm.

Comments, input or memoranda may be forwarded to:
The Clerk of the National Assembly
P.O. Box 41842-00100, Nairobi.


or

hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi on or before, Wednesday, 17th July 2019 by 5 pm; or
emailed to clerk@parliament.go.ke before or on, Wednesday, 17th July 2019 5 pm. 

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