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TRANS NZOIA COUNTY ASSEMBLY DEBATE
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FIRST ASSEMBLY PLENARY SESSION
12TH APRIL 2016
TUESDAY (AFTERNOON SESSION)
(Hon. Speaker in Chair)
(Prayers)
Speaker: Clerk, first item on the Order Paper?
COMMUNICATION FROM THE CHAIR
Speaker: Honorable Members, I take this opportunity to welcome you back from a short recess
of one week. I hope you found it useful. Today we have been doing an exercise by signing court
conduct. We are late because we have to commission and sent to Nairobi for record keeping.
Next item on the Order Paper?
PAPERS
Report by Agriculture, Environment and Natural Resources Committee on illegal logging
in Forest in Trans Nzoia County by Hon. John Likovele.
Speaker: Hon. Nangekhe, the Vice Chair to table on his behalf.
Hon. Nangekhe: Thank you Mr. Speaker, I beg to table the report on behalf of my Chair who is
feeling unwell.
REPORT BY AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES
COMMITTEE ON ILLEGAL LOGGING IN FOREST IN TRANS NZOIA COUNTY
THE MOTION
The motion on illegal logging in forests Transnzoia county was on 14th August 2013 in the
county Assembly of Trans Nzoia by Hon Toroitich.
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The motion was debated by members and the Speaker Hon David Sifuna referred it to the
committee on Agriculture, Environment and Natural Resources. The speaker directed the
committee to visit forests across the county and examine the destruction caused by illegal
logging and make recommendations to the county Assembly.
The motion reads as
That ,aware that dubious business people are taking advantage of the new government
transitional period to cut down trees around Mt.Elgon region leading to environmental
degradation and their aim is to harvest timber which they transport to Nairobi and as
consequence denying the county government the income associated with it,and deeply concerned
that the activities may lead to drought and affect our country,s agrictural declined .This house
now urges the executive arm of the county government to exercise its mandate as stipulated in
thye Fourth schedule of the new constitution and protect forests by banning the said illegal
logging.
During debate members vehemently supported the motion,noting that illegal logging was
rampant in all the forests within county.
The following were some of the contributions;
1.Hon Gilbert Kitiyo said illegal going was rampant at Telbet primary school within Kinyoro
ward and had affected the performance of the school.
2.Hon Ronald Matongolo said exploitation of trees in his area was done by foreigners and they
used heavy machinery that also destroyed local roads.
3.Hon Patrick Kisiriero said forest officers in the county had overstayed at stations and blamed
them for colluding with illegal loggers to destroy forests.
4. Hon Rose Malinga said charcoal burners were brazenly and wantonly destroying indigenous
tress,thereby threatening the eco system.
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5.Hon David Kaboloman concurred with Hon Kitiyo noting that illegal loggers were milling
trees near schools thereby contributing to their poor academic,performances,adding that the said
loggers were protected by powerful people.
6.Hon Naomi Okul said harvesting of trees was causing environmental degradation,soil erosion
and drought and if the trend continued the county might plunge into and an cycle of famine.
7.Hon Mukuha Munene noted with concern that even as loggers were cutting down trees no
similar effort was under way to replenish the stock.
8.Hon Milcah Nangekhe concurred with Hon Munene and added that revelant authorities such a
Kenya Forest services and Nema be summoned before the situation gets out of hand.
9.Hon John Likovele described the situation as akin to a war perpetuated against the county and
was being conducted by a syndicate of the high and the mighty.He called upon the political to be
prepared for action.
10.Hon Njoroge Kuru said a thorough audit of the problem must be undertaken noting that it
would be difficult to achieve the desired 10% forest cover if depletion of forest went on the rate.
11.Hon Elizabeth Birgen said women and children will feel the brunt if forest are depleted
because it it from there that they fetch firewood and get water for their families.
12.Hon Andrew Kutitila concurred with Hon Kisiero noting that the people who were supposed
to protect the forests were danger to it and supported the suggestion that forest officers who had
overstayed in stations be moved.
13.Hon Simon Makhanu said locals were harassed by guards inside the forests for fetching
firewood yet powerful foreigners were allowed to roam freely felling down trees with
abandon.He urged the county government to come up with a law to protect local resources and
also ensure that public resources like trees benefit public institutions such as schools,hospital etc.
14.Hon Everlyne Nelima said that there was need to introduce other sources of energy as viable
option as over reliance on charcoal posed danger to the survival of forests.
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15.Hon Dorcas sikowo said that Mt .Elgon Park with its rich diversity of wildlife and situated in
Mt.Elgon forest was threatened if concerted efforts were not put in place to protect the forest.she
added that forest resources such as herbs,research activities were also threatened.
3.FINDINGS OF THE COMMITTEE
The committee paid visits to saboti forest on 2nd april 2014,Kabolet forest on 5th April and
Central area forest on 9th April 2014
Saboti forest.
1.The committee noted that felling of trees was rampant at saboti forest and it was being done
by illegal loggers who don’t hail from the area.
2.The committee did not find staff at the forest apart from the guards and it was established that
the few staff who report at the station work as guards irrespective of their job positions.
3.The locals interviewd said they don’t benefit from the forest.They are only allowed to fetch
firewood from the forest.They said powerful foreigners are issued with permits to exploit
resources such as timber from the forest.
4.The committee established that forest was being micro managed from Nairobi.Directors of
Kenya Service in Nairobi decides who is to be awarded tender to exploit resources in the forest
and this explains why most of the traders who were exploiting resources at the forest were
foreigners.
5.The local people don’t know the procedures involved in acquiring permits to exploit resources
at the forest.
6.The local people had not been issued with land near the forest.
7.The committee could not establish the names of managers at the forest.
Kabolet forest
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1.The committee observed that kabolet forest was a total contrast to saboti forest as locals were
keen to protect it.
2.The committee noted that staffs at the office were not dedicated to their work.The committee
found offices at the station locked yet it was on a Monday.The locals said the the officers rarely
reported to work.
3.The committee noted that the community around the forest were hunters and gatherers and
derived from the forest,herbs among other products.
4.The committee noted that charcoal burning was a threat to the forest and locals said foreigners
were behind the destructive activity.The forest guards are compromised by charcoal burners.
Central area forest
1.The committee noted that from outside the forest looks thick but once you go in you witness
the extend of destruction caused by illegal logging.
2.The committee noted that some employees had overstayed at the station,for example the
deputy forester.The staff at the station were idle and it appeared there was no meaningful work
they do .
4.RECOMMENDATIONS OF THE COMMITTEE
the committee makes the following recommendations to the county assembly;
-That the county government stops with immediate effect all commercial activities within forests
in the county until the county assembly is satisfied that the activityes going on meet the threshold
of the law and benefits the local population.
-That the county government carry out an audit on all commercial firms exploiting resources
within the forests to establish if they were awarded the permits fairly and transparently.In the
meantime issuance of new permits should be stopped until the audit exercise is complete.
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-That the county government to conduct an audit of all the staff working within the forest in the
county and embark on a staff rationalization programme so as ensure the human resource is
effectively and maximum utilized.
-That the county government sets a side a portion of land bordering all forests within the county
and allocate the same to the local popupaltion as a away of motivating thenm to protect and
conserve the forests.
-That the county government awards tenders and contracts to exploit resources in forests within
the county fairly and transparently and local to be people offered priority.
-That the county government to regularly updates the county assembly through the relevant
committee on programmes,initiatives and measures undertaken to conserve and protect the
forests within the county.
Speaker: Honorable Members before me is the of Report by Agriculture, Environment and
Natural Resources Committee on illegal logging in Forest in Trans Nzoia County. I call upon
Hon. Nangekhe to point out any member from the committee to second the report.
Hon. Nangekhe: Mr. Speaker Sir, I call upon Hon. Kuru to second.
Hon. Kuru: Thank you Mr. Speaker, I do stand to second the report.
Speaker: Honorable members, I sincerely apologize for my Office not to facilitate this report on
time. This is a very good report but it has taken a long time, since when Hon. Matongolo was
still a life. Having apologized, I welcome the debate
Hon. Kutitila: Thank you Mr. Speaker Sir, I want to appreciate the report even though, they did
not visit Sikhendu Forest. I think the committee was tired but I beg it to go and find what is in
Sikhendu. Otherwise I thank the members. Mr. Speaker, I want to start by saying that at least
people like Wakhome were transferred who was telling people to sell the trees. Mr. Speaker, you
realize that people who are harvesting these trees do not come in Trans Nzoia, and if you ask
them, they say that they have received orders from above. We need to be serious. We need to put
a policy that will protect these trees.
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Hon. Sakong: Thank you Mr. Speaker Sir, I also join Honorable members by congratulating
Hon likovere’s committee for the good report. Whatever was raised by honorable Matongolo
who initiated the program to support these trees is still on. I wish by recommendation of this
committee that the Executive to come up with the policy. Mr. Speaker, the schools around these
forests don’t benefit from these trees. The infrastructures around are poor and unattractive. I also
agree with Hon. Kutitila that the people who are harvesting these forests don’t come from Kitale.
Let the policy from Executive come to state that the forest to benefit people around.
Hon. Kitiyo: Thank you Mr. Speaker Sir, I have been to Sikhendu forest and I know that, that
forest has not been benefiting the locals, The locals should be allowed to plough in the forest as
they nurture the trees. Mr. Speaker, unfortunately, I happen to see one local harassed by the
manager of the forest, .there was a tractor which was ploughing and he was caught up. Mr.
Speaker I propose that 70% of the forest produce be given to the county and 30% be given to
outsiders.
Hon. Nangekhe: Mr. Speaker, I want to put some additional point. We want to have good
management of our forests. I was asking myself what Africa would be without forests. Mr.
Speaker, there is no management of forest in this town. Remember you took us to Rwanda and
the way I learnt from their forest management is very different from ours. One day I happen to
see a bluegam tree from forest a long Lions fall and killed a youth on a motorbike and up to now
the family of that youth has not been compensated. The deceased are still leaving pathetic life
just because there is no manager of this forest who should look into that. Even Mr. Speaker,
when you go to that forest, there are just some trees at the outskirts, but inside nothing is there.
The recommendations we made are good, but our fear is that, will they be implemented? Let us
push that the legislation be laid and 70%be benefiting people around.
Hon. Kuru: Thank you Mr. Speaker, I want to thank the committee that prepared this report.
Indeed, it has covered some forests. It has to give the locals what are needed from the forests.
The money we earned from forest should be paid to these locals. Forests department is one of
devolved Government. We need to enhance forest programmes on how to engage our local
people to benefit from these forests.
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Hon. Omondi: Thank you Mr. Speaker Sir. I also congratulate the committee for this good
report and I want to say that all members of the committee be present when their report is
presented. I don’t know if the Executive knows what is happening along lions’ forest. The trees
are being harvested by other people. The trees in this county should benefit our primary children
who are sitting on the floor. If we strictly, follow the recommendation of this report, at least we
will be moving somewhere.
Hon. Masika: Thank you Mr. Speaker Sir. This is a very good report that the County Executive
Committee needs to work upon it. The people who have been harvesting our forests are not from
Kitale. They have been coming from Mombasa and Nakuru. I wish the report should be acted
upon. Forest is a corporate farm and they should allow our people to plough in side. When you
visit some schools around these forests, you will find that some children are sitting on the floor
and yet the timber is being harvested from their community. Mr. Speaker, you realize that when
they are carrying these timbers, they have been destroying our county roads. So I request that the
County Executive to come up with measures to enable these people to repair the county roads.
Speaker: Thank you honorable member, the report is adequately debated and now I put the
question.
Will as many as of the similar opinion that the report by Agriculture, Environment and Natural
Resources Committee on illegal logging in Forest in Trans Nzoia County be adopted and the
property of this House Say Ay?
Will as many as of the contrary opinion say Nay?
The Ays have it.
Honorable members, I was reading the constitution based on this motion and I have known that
the forest is a devolved Government. I don’t know why our Excellency The Governor struggles
with National Government. Why doesn’t he allow the clearance of this forest along lions so that
we can expand the town? But I don’t want to be seen directing him.
Next item on the Order Paper?
TRANS NZOIA COUNTY ASSEMBLY DEBATE
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PAPERS
Report of Selection Committee on Selecting Adhoc Committee to Petition against the
Decision of Committee that verified road works by honorable Weswa
Hon. Weswa: Thank you Mr. Speaker allow me to table the report on selection
REPORT OF SELECTION COMMITTEE ON SELECTING ADHOC COMMITTEE TO
PETITION AGAINST THE DECISION OF COMMITTEE THAT VERIFIED ROAD
WORKS
INTRODUCTIONS
Mr. Speaker Sir,
Following the petition that was brought it this House on 15th March 2016, on petition against the
decision of committee that verified road work and tasked to selection committee to select five
members to form ADHOC Committee to look into the matters
MANDATE
Mr. Speaker sir,
According to the standing order No. 153 (1) states that there shall be a select committee, to be
designed selection committee, consisting the leader of the majority party who shall be the
chairperson, the leader of minority party not less than eleven one and not more than nineteen
members, who shall be nominated by the county assembly parties and approved by the county
Assembly.
COMMITTEE MEMBERS
Mr. Speaker Sir,
The following are the members of the committees as constituted by this Honorable House and
who were present during the meetings were
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1. Hon. Alfred Weswa Chairperson
2. Hon. Hilary Kemei V/ Chair
3. Hon. Betty Kipsongok Member
4. Hon. David Sifuna Member
5. Hon. Mukuha Munene Member
6. Hon. Philip Sakong Member
7. Hon. Simon Makhanu Member
8. Hon. Everline Nelima Member
And were aided by the following secretariat staffs
1. Colleta Kisaka Deputy Clerk
2. Abraham Walubengo Senior Clerk
3. Lucy Kibonei Legal
4. Joshua Kasembeli Hansard
5. Collins Otieno Committee Clerk
Mr. Speaker Sir,
A County Assembly subject to Standing Orders made under paragraph (a) may establish
committees in such manner and for such general or special purpose as it consider fit and regulate
the procedure of any committee so established.
Under the County Assembly Standing Orders 191 (5) (a) states that there shall be a select
committee to be designated secetorial commitees.
From your ruling that my committee to select 5 members, my committee sat on 11th April 2016
at Iroko Hotel to work on the exercise.
Mr., Speaker Sir,
My committee my was guided by the criteria for nomination under the Standing Order 155
which states that:-
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(1) In nominating members to serve on a select committee, the selection committee shall
ensure that membership of each committee reflects the relative majorities of the seats
held by each county of the Assembly parties in the County Assembly.
(2) Despite paragraph (1), a member belonging to a party other than a County Assembly
party or independent Member may be nominated to serve in select committee and the
allocation of membership of select committee shall be as nearly as practicable
proportional to the number of member of members belonging to such parties and
independent members
(3) Except as the County Assembly may otherwise resolve, on the recommendation of
the committee of the committee on selection for reasons to be stated, no member
shall be appointed to serve in more than three sectorial committees.
Mr., Speaker Sir,
The provisions General of County Assembly Standing Order 154 (2) states that the committee on
selection shall give consideration to the need for Gender balance and shall, so far as may be
practicable, ensure that no more than two –thirds of a committee of the county Assembly,
including a committee established through a resolution of the County Assembly, shall be of the
same gender
Mr. Speaker Sir,
Having guided with the above County Assembly Standing Orders, the committee reached to a
conclusion of selecting the following members:-
1. Hon. Everlyne Nelima Ford Kenya Party
2. Hon. Gilbert Kitiyo URP Party
3. Hon. Naomi Okul T.N.A Party
4. Hon. Victor Osiako N.F.K Party
5. Hon. Laban Wanyonyi Disabled
The Adhoc Committee elected Hone. Gilbert Kitiyo to be the Chairperson and Hon. Everline
Nelima to be their Vice Chair
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CONCLUSION
Mr. Speaker Sir,
The committee has confidence and spirit in these selected members that they will exercise their
potential powers to the work of the petition against the decision of committee that verified road
works hence be highly appreciated.
COMPILED
Mr. Speaker Sir,
This report has been compiled by the committee members who are:-
1. Hon. Hilary Kemei V/ Chair --------------------
2. Hon. Betty Kipsongok Member -------------------
3. Hon. David Sifuna Member ------------------
4. Hon. Mukuha Munene Member -----------------
5. Hon. Philip Sakong Member ------------------
6. Hon. Simon Makhanu Member ------------------
7. Hon. Everline Nelima Member ------------------
Under the Chair
Hon. Alfred Weswa …………………………………………..
I want to request Hon. Sakong to second.
Hon. Sakong: Mr. Speaker Sir, I stand to second.
Speaker: Honorable members with me is the report of selection committee ably tabled by Hon.
Weswa. I give any member a chance who would wish to debate.
Hon. Kisaka: Thank you Mr. Speaker, I stand to support the report. I was there as a co- opted
member. I proposed Hon. Osiako for the New Ford Kenya member. It is a true report.
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Hon. Kutitila: Thank you Mr. Speaker, I want to support the report. I know I was sidelined
because I was a PAIC member and from your ruling, you said that no PAIC member should be
involved
Hon. Farid: Thank you Mr. Speaker. It is the policy that they should have informed the party
leader. I am the boss of TNA and the name that is there from TNA, a m not aware.
Hon. Kaboloman: (Point of information) I want to inform the House that Hon. Farid is no
longer the boss of TNA. He was disqualified that day, there is no way a marginalized community
be the boss of TNA
Hon. Kutitila: Mr. Speaker, it is not true that the committee should look at him. If he was not
there as the TNA boss, he should be quite. Mr. Speaker, he wants to say that he is so special
than Hon. Okul
Hon. Osiako: The Hon who is saying that is the boss of TNA has just asked me that when was
meeting held.
Hon. Sakong: Thank you Mr. Speaker, the report has started by the guidings from the Standing
Order. Which standing Order states that the party boss should be around? Mr. Speaker, there are
members in this House who just miss meetings and one of them is Hon Fared. Today we have
confirmed that Hon. Farid don’t attend committee meeting. We have been in Iroko working up to
8:00 pm and Hon Farid was nowhere to be seen. And he comes here to purport that is the boss of
TNA.
Hon. Omondi: Mr. Speaker, I want to congratulate the Chair of the committee, we are all
Honorable members and we don’t need to go for the boss. If you were not there, you should be
silent. You have nothing to tell us.
Hon. Nangekhe: Thank you Mr. Speaker, I congratulate the committee for at least 30%of
gender is observed. If I look at the committee, our bosses are not here. Hon. Angeline is our Boss
and she is not here. Hon. Toroitich too.
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Speaker: Hon. Farid, say something else but not boss.
Hon. Farid: Mr. Speaker, I support the report but it’s very dangerous for a junior member like
Hon. Kaboloman to purport me as his boss.
( Shouting)
Speaker: Hon Farid is the only member who has thrown out of this House; it would be very
dangerous for you honorable to be out for one year, if you continue behaving like this. I have
ruled you out of Order, now sit down. Let me now put now the question.
Will as many as of the similar opinion that names the committee of Selection has presented be
names of Adhoc committee which verify the petitions of roads works against PAIC Say Ay?
Will as many as of the contrary opinion say Nay?
The Ays have it?
Today our Clerk told me that I have been giving short period to the committees which makes
him difficult to facilitate and agree with him, the committee to be given 30 days so that we allow
the Office of the Clerk to facilitate unless the agent report like of the Hon. Kisaka. For that, I ask
the committee to give the report in this House for 30 days, I also direct that all complains that are
from PAIC be included in this committee.
Next item on the Order Paper?
MOTION
On Reviving of and Conserving Water Catchment Areas by Hon Birgen
Hon. Birgen: Mr. Speaker sir I beg to move of the following MOTION as it is.
AWARE: that most water dams in our county have shrinked, destroyed or even grabbed by
individuals
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FURTHER AWARE: of the shortage of water during the dry season, especially in drought-
prone areas of the county
MR speaker sir , it is important that this important natural resources is preserved not only for
our water sufficiency Endeavour s , but also in the interest of generations to come.
I therefore, MOVE that by the RESOLUTION of this Assembly the county Department for
Agriculture, Environment and Natural Resources presents this house with a policy aimed at the
preservation of these Dams and other water areas.
Thank you Mr. Speaker Sir.
Mr. Speaker, I would like to request you to allow me to express in a language that am fluent.
Speaker: permission granted.
Hon. Birgen: Asante bwana Spika, Kwa kweli bwana spika katika wilaya hi ya Trans Nzoia
wazungu walitenga pomba za maji, nahizo pompa hutusaidia sana kwa kunyunyizia mboga na
hata mimea zingine na hata hutumia kuosha magari zetu. Sasa naona hayo mazingara sasa
yamechukuliwa kwa hivyo naomba hii bunge inisaidie sana ili tuweze kusingira na kuhifadhi
haya mazingara. Asante.
Hon. Were: Asante sana bwana spika kwa kunipa fursa hii pia nami nasimama kuchangia hoja
hii, nashukuru mheshimiwa kuja na hoja inayo tusaidia kuhifadhi mazingira, naomba
waheshimiwa wenzangu kuchangia hoja hii.
Hon. Okul: Thank you Mr. Speaker Sir, I want to congratulate Hon. Birgen for this motion
noting that water is life and without water we can’t survive. In my place, we built a dam and
named it Ezekiel Okul and that dam had been serving us with water for a long time. When there
is no water even in town, everybody goes there. Unfortunately, I was told that that dam was
grabbed. I went there with Hon. Lokwaliwa and we removed the fence and announced to the
village that the dam was given to help the people around. We were told that somebody who is
Engineer was given orders from county to fence. I therefore support the motion that the county to
set the policy to protect this water.
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Hon. Torotich: Asante sana bwana Spika. Kwanza namshukuru sana mheshimiwa kwa kuja na
hoja hii mwafaka. Jinsi ametiwa kilimo mbele. Katika wadi yangu kuna mabwawa manne,
Limuli Namawanga, Hosipitali, na la Naisambu. Haya mabwawa yalijengwa enzi za wazungu na
hatujawahi yazingira. Hivi majuzi bwawa moja lilichukua uhai wakijana mmoja. Tumekuwa
tukisema kwamba mabwawa haya yawezwe kuhifadhiwa lakini kila mara tumekuwa tukiambiwa
hakuna pesa. Naomba tutumie mabwawa haya kwa kujinuivaisha. Mzungu hivi sasa akija
atashangaa jinsi haya mabwawa yalivyo achwa.
Hon. Talam: Thank you Mr. Speaker Sir, I stand to contribute for this motion. If we can
preserve this dam in our county, we should be creating jobs to our young men. They would start
fishing projects and also our women who always go to Kisumu and Lodwar to get fish, will now
getting it here, thank you, I support the motion.
Hon. Nangekhe: Thank you Mr. Speaker. I m so happy that as we continue in this House, our
members are improving in languages, I thank Hon. Talam and Birgen. Really they have
improved. The prayer of the motion is that we want a policy. We have very few policies Mr.
Speaker, the ministry needs to give us many policies. Mr. Speaker Sir, I have written a motion
which is still in the kitchen, which states that some motion be written in Kiswahili. We will be
the first County to come up with this. Thank you Mr. Speaker, and if you have a soda, you can
give the two Hon. Hon. Talam and Hon. Birgen.
Speaker: Honorable members, I think we have deliberated enough, I now put a question
Will as many as of the similar opinion that by the RESOLUTION of this Assembly the county
Department for Agriculture, Environment and Natural Resources presents this house with a
policy aimed at the preservation of these Dams and other water areas say Ay?
Will as many of the contrary opinion say Nay?
The Ays have it.
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Just in addition to what Hon Nangekhe has said, I fill touched that the assembly is moving, the
Hon. Toroitich is marvelous in Kiswahili and today I have been encouraged by Hon. Talam and
Hon. Birgen. I am requesting the Clerk that I have a dinner with them.
Speaker: Next item on the Order Paper.
Mr. Speaker Sir, no item on the Order Paper.
Speaker: Honorable members, we have exhausted today’ business, I remind the Speaker’s
panel that I have a short meeting with them, and for those members who have not signed those
forms of Court conduct, just come to my office and sign. The House stand adjourned
(Adjournment)
TRANS NZOIA COUNTY ASSEMBLY DEBATE
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Page 18
FIRST ASSEMBLY - PLENARY SESSION
13TH APRIL 2016
WEDNESDAY (MORNING SESSION)
(The Hon. Speaker in Chair)
(Prayers)
Speaker: Clerk, first item on the Order Paper?
COMMUNICATION FROM THE CHAIR.
Speaker: Thank you Clerk. Honorable members, today as you can see, we have good work in
terms of Bills. We shall refer them to the committee so that we can move fast and make a profile
as legislation is concerned. I want to remind you that the privileges and immunity you enjoy are
only within the Assembly and the precincts of parliament. Anything outside there will be
regarded illegal. We are approaching electioneering time and we want to be safe and remain
honorable. You may not be happy but we have to follow the procedures so save our image which
is important.
Next item on the Order Paper?
Trans Nzoia Public Service Board Annual Report – Further Information by Hon. Alfred
Weswa
Hon. Weswa: Mr. Speaker, I beg to table the as follows;
(Tables.)
Speaker: Is this is a supplementary report? If you could clarify.
Hon. Weswa: This is a supplementary report as demanded by the Labour Committee.
Speaker: Just read it
Hon. Weswa: TRANS – NZOIA PUBLIC SERVICE BOARD
Refer to your letter reference NO. CATN/EP/02/2016 DATED 29th February 2016. Here below
in a table format is a staff analysis response to questions 1,3,4 and 5.
S/No SUBJECT NUMBER COMMENTS
Abolished and created offices 1 Office of the First Lady
Number of employees inherited from 299
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Page 19
local Authority
Staff seconded from the National
Government
23
Employed by the County Government
of Trans Nzoia (County Public Service
Board)
990 Inclusive of 757 ECDE
Caregivers
Sourced from outside Trans Nzoia. 35 Excluding ECDE
Sourced from within Trans Nzoia 212 Excluding ECDE
Secondment 22
Temporary staff 3
Contract 84
Employees with disability 13
Casual employees 670
Permanent Staff 124
Out of 233 employed by the County
Government:
Luhya – 149
Kalenjin – 53
Others - 31
Total number of staff as at 29th February, 2016 is 1569
NOTE: The data is as per the payroll data of January 2016
ECDE teachers/caregivers were placed on payroll with effect from 1st March 2016
There are staff whose personal numbers were never processed by DPM hence payment is by
voucher.
Number of staff as per Department
S/No Subject Permanent Staff Permanent Staff
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1 Gender, Youth, Culture and Tourism 15 18
Transport and Infrastructure 61 8
Health Services and Public Health 777 533
Agriculture, Livestock and Fisheries 272 19
Government & Public Service
Management
156 57
Lands, Housing & Urban
Development
35 2
Water & Environment and Natural
Resources
61 -
Education 810 -
Economic Planning, Commerce &
Industry
26 -
Finance 114 75
1569 742
2. To ascertain the act and inform the committee on the progress of the creation of the board
managing cities and urban areas.
Pursuant to section 13 of the Urban Areas and Cities Act, 2011, members to Boards managing
cities and municipalities “…………..shall be appointed through competitive process by the
County Executive Committee with the approval of the County Assembly”
6. Systems developed by the County Public Service Board on pension and gratuity of members.
The County Governments, through the Council of Governors have established a County Pension
Fund which will be a pension scheme for County Public service employees.
Consequently, the Board in its 45Board meeting resolution approved and adopted the CPF
Pension scheme for County Pensionable employees. H.E the Governor of Trans Nzoia , the
County Secretary, Board Chairperson and Secretary have all dully executed the Trust deeds and
rules.
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CS Claire S Wanyama (Mrs.)
Board Secretary
COUNTY PUBLIC SERVICE BOARD.
Speaker: Thank you Hon. Majority, I call upon the Labour Committee Chairman to clarify.
Hon. Kitiyo: This came as a question from Hon. Milimo. This is only the response and my
advice is that we go an extra mile to visit the stations and verify the numbers.
Speaker: You had an earlier report on this. How far did you go?
Hon. Kitiyo: In the Annual development report we were never given what we wanted. They
asked us to give them more time.
Speaker: I therefore refer the paper to the Labour Committee and the report to be brought to this
House in 30 days.
Next item on the Order Paper?
First Reading. Trans Nzoia County property Rates Bill, 2016.
Speaker: I refer the Bill to the Budget and appropriation committee which will involve public
participation.
Hon. Milimo: (Point of order) Mr. Speaker, I seek your indulgence. I believe the procedure
would have been for the Leader of Majority to table the Bill and for the clerk to read it. Who is
tabling the Bill?
Speaker: That is what was discussed in the House Business Committee this morning and we
agreed on the standing order No. 119 that I shall ask the Clerk to read the Bills. Here we don’t
require the leader of the majority. When you check on SO NO 119, the Committee Chairman
takes position. The Bill goes with the name of the Chairman. The majority leader has nothing.
The Clerk’s is only to read. Is that clear Hon. Milimo?
Hon. Milimo: Thank you Mr. Speaker, but with the practice of the National Assembly, it is not.
Take the
World Anti- Doping Agency WADA Bill in Parliament for example. The speaker called on the
Clerk to read the Bill and passed it over for the Leader of majority to table it.
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Speaker: We are guided by the Standing Order and we will feel assisted if we go by this.
Hon. Milimo: The Standing Order No. 119 & 120. The Bill is read by the Clerk and then tabled
by the majority leader.
Hon. Sikowo: I beg Hon Milimo to read the concerned Standing Order instead of explaining and
trying to convince us.
Hon. Waswa: Thank you Mr. Speaker Sir. Hon Milimo wanted direction and not explanation
and you have given direction
Speaker: Hon. Milimo, when you raise such a serious issues you must get the Standing Order
concerned. Even with us here, we are here to learn. We may follow the long procedure but so
long as we are on the right Standing Orders. I instruct the Clerk to read the first reading. Go on.
TRANS NZOIA PROPERTY RATES BILL 2016.
Speaker: I refer the Trans Nzoia property Bill 2016 to the Budget and Appropriation Bill 2016
which will involve public participation and a report brought to this house within the prescribed
time.
Next item on the Order Paper?
TRANS – NZOIA COUNTY IMPLEMENTATION & MANAGEMENT BILL, 2016.
Speaker: I refer the Bill to implementation Committee which will involve Public participation
and a report brought to this House within the prescribed time.
Next item on the Order Paper?
TRANS NZOIA ANIMAL DISEASE CONTROL BILL, 2016.
Speaker: I refer the Bill of the Agricultural Committee which will involve Public participation
and a report brought to this house within prescribed time.
Next item on the Order Paper?
THE TRANS NZOIA COUNTY WAY LEAVE BILL, 2016
Speaker: I refer the Bill to the Budget and appropriation and a report brought to this House
within the prescribed time.
Next item on the Order Paper?
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THE TRANS NZOIA (DECENTRALIZED UNITS) ADMINISTRATION BILL 2016.
Speaker: I refer the Bill to the Delegation and legislation Committee which will involve public
participation and a report brought to this house within the prescribed time.
Next item on the Order Paper?
THE TRANS NZOIA COUNTY TRADE LICENSE BILL, 2016.
Speaker: I refer the Bill to the Trade Committee which will involve public participation and a
report brought to this house within the prescribed time. Next
THE TRANS NZOIA COUNTY EMERGENCY FUND BILL, 2016.
Speaker: I refer the Bill to the Budget and Appropriation Committee which will involve Public
participation and a report brought to this house within the prescribed time.
Next item on the Order Paper?
THE TRANS NZOIA TRANSPORT BILL, 2016.
Speaker: I refer the Bill to the Transport Committee which will involve public participation and
a report brought to this house within the prescribed time.
Next item on the Order Paper?
Honorable speaker, there is no other item on the Order Paper.
Speaker: There being no other item on the Order Paper, I hereby adjourned the House to 2.30
pm.
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FIRST ASSEMBLY - PLENARY SESSION
13TH APRIL 2016
WEDNESDAY (AFTERNOON SESSION)
(Hon. Masika in Chair)
(Prayers)
Speaker: Clerk, first item on the Order Paper?
COMMUNICATION FROM THE CHAIR
Speaker: Honorable House, our speaker is not here, he is attended a funeral somewhere and he
may not join us today.
Next time On the Order paper?
Paper- Progess report on renovation of Kenyatta Stadium from CECs Gender by Hon.
Weswa.
Hon. Nelima: Thank you Mr. Speaker, I have been with Hon. Weswa outside right now, if he
may be whipped in to come and table.
Speaker: I direct the sergeant at arm to whip the majority leader,
(Hon. Weswa enters)
Just to remind you Hon. Weswa as leader of majority, you need to keep your time, be prudent
enough to be on time, welcome now to table the report.
Hon. Weswa: Mr. Speaker, am sorry for the delay I was around but I didn’t know if the plenary
has started. I want to table now the report. Mr. Speaker, I have the same document. Allow me to
go through it page per page before I table.
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TO: GENDER SPORTS COMMITTEE –COUNTY ASSEMBLY.
FROM: CHIEF OFFICER GENDER.
RE :RENOVATION OF KENYATTA STADIUM.
Forwarded here, please find a report on renovation of Kenyatta stadium. This is in respect to the
letter received from the CEC Member Finance of ref: CGTN/FIN/42 dated 2nd February 2016
requesting us to state :
1. .Status of the stadium.
2. Work done so far.
3. Way forward for the rehabilitation programme.
Thank you.
FRED W.SIMIYU
CHIEF OFFICER –GENDER.
RENOVATION/CONSTRUCTION WORK DONE AT KENYATTA STADIUM DURING
FINANCIAL YEAR 2013-2014
The county government of Trans Nzoia has disbursed Kshs 12 million with an additional
supplementary Kshs 10 million totaling 22 million.
RENOVATION DONE.
MAIN BANDA
New iron sheets
Steel bars reinforcement
Painting of inside nad outside surfaces
Steel shuttle
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TOILETS
Urinal with new flashing system
New steel doors to urinal toilets
Two old VIP toilets, two new VIP toilets.
Painting of toilet.
OFFICES
Renovation of office no 2
New ceiling boards done
Two new steel doors
Painting done
Power points installed.
DRESSING ROOMS
`Two renovated new ceiling board.
Asateel doors
Shower facilities/system done
Power points installed.
WALL PERIMETER
Renovated and painted
Steel reinforcement for security purposes.
CONSTRUCTED
Toilets VIPS
Three new VIP toilets with flashing system and steel doors.
Thank you Mr. Speaker I now table for your direction
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(Tables)
Speaker: With me Honorable members is the report from department of Gender. I direct to the
committee of Gender Sports Youths & Cultural Service for further interrogations.
Next item on the Order Paper?
MOTION
On an authorized bump on the county roads by Hon. Elizabeth Birgen.
Hon. Birgen: Mr. Speaker Sir,
I beg to give move the following motion as follows.
AWARE that unauthorized bumps are now a common phenomenon on our county roads.
FURTHER AWARE of the dangers these unauthorized bumps pose to road users especially
cyclists and motorists. Mr. Speaker Sir these bumps are haphazardly erected, without any
warning signs. As a resulting in accidents causing injuries to innocent road users, damage motor
vehicles and even interfered with the architects of the roads and drainage systems. No doubt Mr.
Speaker this urgent need to check this behavior so that the public is not inconvenienced any
further.
I therefore, move that by the resolution of this Assembly. The county Department of Roads and
Public works formulates and presents this house with a policy of guidelines on construction of
bumps along county roads.
Thank you Mr. Speaker Sir
Mr. Speaker, these bumps have caused many accidents instead of reducing. For instance, when
you are going to town early, you will notice that there is no bump, but on your returning, you
find a big bump ahead and to accelerate the speed you are driving is very difficult. Also, these
bumps have caused a lot of delays. You cannot reach your destination in specific time. Thank
you Mr. Speaker Sir, I urge the members to contribute.
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Speaker: Thank you Hon. Birgen, I think member have understood the motion. I now open the
debate.
Hon. Kisaka: Thank you Mr. Speaker, I want to concur with the mover. It is true some of this
bumps are used by stamps and at night it is very dangerous to notice them. As she has put it, you
can come at night and find a bump ahead which you did not expect to be there, because when
you passed there in the morning, it was not there. So you find yourself recklessly damaging your
vehicle. Mr. Speaker, these bumps are against the law, they are illegal, and they are not
authorized bumps. They should be done by engineers. Engineers have a way of making the
bumps. Look at the Chinese bumps, they are friendly, and then compare with this unauthorized
bumps. I therefore support the motion.
Hon. Milimo: Thank you Mr. Speaker; I start by thanking the mover. These illegal bumps over
our roads are doing more harm. Am the one who has been harassed by this bumps and Mr.
Speaker, the people who are deliberately erecting this bumps know their target. They erect the
bumps where they are so sure that the MCA will speed down and get something from him. This
is the means that people are using to collect money from roads with these unauthorized bumps.
Mr. Speaker, bumps are made to maintain the roads but these unauthorized bumps are making
our roads worse. The erected bumps should be authorized by engineers. I support the motion.
Hon. Osiako: Thank you Mr. Speaker Sir I stand to oppose this motion. I remember one time, I
was forced to give first Aid to a kid that was hit by motorbike just because the place did not have
any bumps to reduce the speed of motor bikes. Mr. Speaker, I want to say that these bumps
reduce accidents. You know very well that we have many centers and some of these centers
have posho mills and the sound that this posho mills produce is so loud that cannot make
passengers to hear the sound of motorbikes and vehicles.
Hon. Milimo: (point of Order). Mr. Speaker, will the member on the floor say whether he is for
or against the motion?
Hon. Osiako: Thank you Mr. Speaker. I say very clearly that am opposing the motion. These
bumps must be erected because in another way they are reducing the accidents.
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Speaker: Hon Birgen is talking of authorized bumps only to be erected on roads and
unauthorized bumps to be removed and Hon. Osiako is against the motion. So let him defend his
point.
Hon. Osiako: Mr. Speaker, in this county, we need to construct a lot of bumps. Look here in
town, you can see that many bodabodas don’t know the instructions, what about the country
side?
Hon. Masibo: Thank you Mr. Speaker Sir, I stand to support the motion. You can realize that in
Kitale town, we have so many motorbikes and bicycles. If these bumps are erected in a manner
that can reduce the accidents, it will be good. It helps to reduce the speed. I think Mr. Speaker
am confused, I wanted to oppose not to propose, sorry.
Hon. Nelima: Thank you Mr. Speaker. I stand to support the motion. First of all, these bumps
are not permanent. Most of them are made of soil and with time, especially in rain season, they
get washed away and spoil the roads making it muddy. Second, these bumps are not made by
engineers; they are made by local people who don’t know anything about roads causing our
vehicles damaged. They have also caused many accidents because you don’t know if there is
bumps ahead. Mr. Speaker bumps that are erected by the engineers, they indicate that there are
bumps ahead but these bumps don’t show anything. I also want to tell members that where
accidents happen, the engineers identify such areas as black spots and they alert the drivers. But
these local bumps? You just wake up early and find a bump there.
Hon. Sakong: Thank you Mr. Speaker. I want to stand on a Point of Order and ask the Hon
Nelima to read to us the Standing Order which states that where there is an accidents, the
engineers should go there and erect a bump before I contribute. Because I don’t want to be
confused like Hon. Terry.
Hon. Terry: (Point of Order) Mr. Speaker, I don’t think it is prudent for Hon. Sakong to stand
and start mentioning my name when I have apologized. Mr. Speaker, he should apologize.
Hon. Sakong: I apologize Mr. Speaker and I also want to say that to stand up and mention her
name, I was also confused. Mr. Speaker as I said earlier, I don’t want to be confused. I think in a
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way back, in Matumbei where the residents have not seen a tarmac road. Where many
motorbikes are losing control and injuring our children, I don’t think there will be need to
remove these bumps, you cannot compare my ward with that of Matisi which are here in town.
Our roads in Matumbei needs these unauthorized bumps.
Hon. Kisaka: (Point of information) Mr. Speaker, I want to inform the Hon for Matumbei and
with your pure indulgence that the motion states that we need authorized bumps.
Hon. Sakong: Mr. Speaker, getting an engineer in Matumbei is difficult. Allow our people of
Matumbei to use unauthorized bumps.
Hon. Nelima: (Point of Order) Mr. Speaker if the Hon for Matumbei wants any amendments, he
should have done before appearing in the House under Standing Order No 50.
Hon. Sakong: Mr Speaker am not moving any amendments. I said that I wish Matumbei should
use unauthorized bumps.
Hon. Osiako: (Point of information) Mr. Speaker, where will we get these engineers? Who said
we have authorized engineers for these roads? I know, we have only bumps for tarmac roads. .
Hon. Milimo: (Point of information) Thank you Mr. Speaker, ignorance is not a defense. The
Hon is confirming to us that he is ignorant. Bumps are made by engineers whether county roads
or tarmac roads.
Hon. Sakong: Mr. Speaker, Hon. Osiako is misinforming me. I am not ignorant like him. I better
follow Hon Milimo’s information .
Speaker: Honorable Osiako, we have County engineers, they are there at the public works
office. You can visit there if you have an issue.
Hon. Omondi: Thank you Mr. Speaker, I want to congratulate Hon Birgen by coming up with
this serious motion. I want to inform members that each of us before you come to a bump, they
should show you that there is a bump ahead. But I have been seeing many bumps put on the
roads without any sign. I therefore say that unauthorized bumps are not bumps, therefore I agree
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with the mover of this motion as she states the prayer. If you are opposing this motion you better
read the prayer. she saying that by the resolution of this Assembly, The county Department of
Roads and Public works formulates and presents this house without a policy of guidelines on
construction of bumps along county roads is saying the bumps that the bumps should be guided
by the resolution of these house.
Hon. Kitiyo: Thank you Mr. Speaker, I think this issue of bumps is a technical issues and it
needs an expert .No one of us here is an engineer. We can pass this and somebody goes to court.
Hon. Terry: (Point of information) Mr. Speaker, I don’t think that we need an engineer, the
motion is clear. Look at the prayer. When you go to the prayer we don’t need the expert.
Hon. Yator: Thank you Mr. Speaker but I want to inform your Chair that Lomeri is not my
name. Am Hon Samuel Yator. I stand to support the prayer of the motion. In that respect, maybe
the only members who are opposing the motion don’t know the law. The law states clearly that it
is illegal for anything that is not recognized. What does unauthorized mean? Unauthorized in
other word is illegal.
Hon. Too: Thank you Mr. Speaker Sir, I herby stand to support the motion .Am of this idea and
am one of the victims .Mr. Speaker, you will find that in some cases, they have constructed a lot
of bumps making moving not efficient. If you rush somebody to a hospital, it will be difficult.
Mr. Speaker, I one day passed a place with no bump but returning I got the bump and without
knowing I damaged my vehicle.
Hon. Osiako: Mr. Speaker am also getting more convinced that these unauthorized bumps
should be removed but let them convince me more.
Hon. Sakong: Mr. Speaker I want to support the motion with a reason that if somebody erects
bump just because he will see MCA passing and gets something from him, then let it be stopped.
Speaker: Honorable members I think we have adequately discuss. Let me know put the question
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Honorable Members, will as many as of the similar opinion that by the resolution of this
Assembly, The county Department of Roads and Public works formulates and presents this
house without a policy of guidelines on construction of bumps along county roads say Ay?
Will as many of the contrary opinion say Nay?
Next item on the Order Paper?
There is no other item on the Order Paper?
Speaker: Honorable members, having no other item to discuss the House adjourns until
tomorrow afternoon.
(Adjournment)
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Page 33
FIRST ASSEMBLY-FOURTH SESSION
APRIL 14TH 2016
THURSDAY(AFTERNOON SESSION)
(HON.SPEAKER IN THE CHAIR)
(PRAYER)
Speaker: Hon. Njoroge, do we have the quorum?
Hon.Njoroge:Mr.Speaker, we do not have the quorum. We have got 5 members. We are lacking
8 members.
Speaker:Then I request the bell to ring for 10minutes
(Bell rings)
Speaker: Hon. Njoroge confirm now if we have the quorum?
Hon. Noroge: I now confirm that we have the quorum in the house Mr. Speaker.
Speaker: Clerk, first item on the Order Paper?
COMMUNICATION FROM THE CHAIR.
Speaker: Thank you Hon. House, today is Thursday and we have several items on the Oder
Paper. This weekend shall be busy one. We have several events. We will have prayer rally in
Nakuru for Uhuru and his Deputy, thereafter we have devolution conference in Meru. We will
also have a meeting in Kisumu for Early Child Education meeting .The Office of the Clerk is
prepared to handle these things in few days. What am urging you is that try to take care of
yourselves so that we meet each other after one week and we continue with the job which you
are employed by people to do. I emphasize be careful be it at Afuraha or Meru. Thank you.
Next item on the Oder Paper?
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Report by Budget and Appropriation Committee on County Fiscal Strategy paper by Hon.
David Kisaka.
Hon. Kisaka: Thank you Mr. Speaker, I stand here to give the report on Budget and
Appropriation Committee.
REPORT OF THE COUNTY BUDGET AND APPROPRIATION COMMITTEE ON
COUNTY FISCAL STRATEGY PAPER 2016 (CFSP)
1. INTRODUCTION:-
Mr. Speaker Sir,
This is the report of the County Budget and Appropriation Committee on County Fiscal Strategy
Paper 2016 (CFSP) following its sittings at the County Assembly Board room and at Iroko
Crystal Gardens Hotel in Kitale between 11th to 14th March, 2016, 7th April 2016 and Levoyage
Hotel on 13th and 14th April 2016.
Mr. Speaker Sir,
The following are the members of the Committee as constituted by this honorable house and who
were present during deliberations:-
1. HON. DAVID KISAKA CHAIRPERSON
2. HON.SIMON MAKHANU - VICE CHAIRPERSON
3. HON. DAVID KABOLOMAN-MEMBER
4. HON. ALFRED WESWA-MEMBER
5. HON. HILLARY KEMEI-MEMBER
6. HON. BETTY KIPSONGOK-MEMBER
7. HON. EDWARD KITUR-MEMBER
8. HON. FRANCIS WERE-MEMBER
9. HON. GILBERT KITIYO-MEMBER
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10. HON. JOEL MILIMO - MEMBER
11. HON. JOHN LIKOVELE-MEMBER
12. HON. MUNENE MUKUHA-MEMBER
13. HON. ANDREW KUTITILA-MEMBER
14. HON. ANGELINE TOO - MEMBER
15. HON. MARGARET WANJALA-MEMBER
16. HON. SAMUEL YATOR-MEMBER
17. HON. PHILIP SAKONG-MEMBER
Mr. Speaker Sir,
The following are the secretariat staff that was present;
1. COLLETA KISIKA-D/CLERK
2. MOSES WANYONYI-FINANCE OFFICER
3. ABRAHAM WALUBENGO – S.C.A.
4. JULIET BII-COMMITTEE CLERK
5. LUCY KIBONEI-LEGAL COUNSEL
6. JOSHUA KASEMBELI- HANSARD
IN ATTENTANCE
Mr. Speaker Sir,
The following are in attendance who were invited and interrogated during the seating’s;
A. OSIRI NYAKUNDI – DIRECTOR PLANNING
B. HON. GAUDENCIA N. MALIMBE - CEC- PSM
C. M/S LUCY KIHAMBA – CO PSM
D. HON. DR. ISAAC KOGO - CEC EDUCATION AND HEALTH
E. MR. JOHN MENG’WA - C.O EDUCATION
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Page 36
F. DR. WAKWABUBI N.M - C.O HEALTH
G. HON. ELIZABETH NYONGESA - CEC LANDS
H. M/S LINEKAR N BWILE - CO LANDS
I. M/S ZIPPORAH MATARI - DIRECTOR HEALTH
J. HON. KENNEDY M SIMIYU - CEC FINANCE
K. MR. PATRICK ATARO - CHIEF ACCOUNTANT HEALTH
L. MR. ABDI KIBET - DEPUTY REVENUE OFFICER
M. MR. MOSES OTIENO - SENIOR ECONOMIST
N. M/S VERONICA OKOTH – CEC EPCI
2. THE MANDATE OF THE COMMITTEE
Mr. Speaker Sir,
The County Budget and Appropriation Committee is a Creature of Standing Order 187. The
Committee is mandated to:-
a) investigate, inquire into and report on all matters related to coordination, control and
monitoring of the County budget;
b) Discuss and review the estimates and make recommendations to the County Assembly;
c) Examine the County Budget policy Statement presented to the County Assembly;
d) Examine Bills related to national(sic)County budget, including Appropriation Bills;
and
e) Evaluate tax estimates, economic and budgetary policies and programmes with direct
budget outlays.
3. AGENDA
Mr. Speaker Sir,
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Pursuant to the above mandate the Committee’s agenda was to examine the Trans Nzoia
County Fiscal Strategy Paper 2016 (CFSP) and propose amendments if any thereof for
subsequent consideration, debate and adoption by this honorable house.
Mr. Speaker Sir,
County Fiscal Strategy Paper is contained in Article 117 of the PFM Act 2012 which states
among others that;
The County Treasury shall prepare and submit to the County Executive Committee
the County Fiscal Strategy Paper for approval and the County Treasury shall submit
the approved Fiscal Strategy Paper to the County Assembly by 28th February of each
year.
Not later than 14 days after submitting the County Fiscal Strategy Paper, the
County Assembly shall consider and may adopt it with or without amendments.
Mr. Speaker Sir,
The preparation of County Fiscal Strategy Paper is the fourth stage in budget making process.
The CFSP precedes the preparation of three important documents i.e.
1. The County Annual Development Plan (CADP)
2. The County Budget Review and Outlook Paper (CBROP)
3. And MTEF Department Reports 2016/17-2018/19
4. FINDINGS
Mr. Speaker Sir,
The table below shows a summary of Approved and Actual Collection of Local Revenue
received for FY 2014/15;
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Table 1
Revenue Source Approved Budget
(Kshs)
Actual Collection
(Kshs)
Variance
Local Revenue 385,000,000 301,267,104 83,732,895
Balance as from
2013/14
429,486,762 429,486,762 0
C.R.A Allocation 4,458,007,804 4,068,950,000 389,457,804
Total 5,272,494,566 4,799,703,866 473,190,699
Mr. Speaker Sir,
The above underperformance in revenue collection was largely attributed to the following
factors;
i. Non-payment of rates by Kenya Railways, A.D.C, CILLOR K.I.E etc
ii. The old Valuation Roll being used which covers only CBD
iii. Poor leakages between county enforcement revenue unit
iv. Manual collection system
v. Revenue leakages
vi. Closure of the main market and bus park in Kitale.
Mr. Speaker Sir,
The committee analyzed the above table and the reasons given for the underperformance in
revenue collection and found out that they were not convincing; for instance;
1. They should explain the total number of enforcement officers they have and their
competence levels.
2. They should explain when they are going to install the automated system of
revenue collection.
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3. For closure of the main market and bus park in Kitale, they should state how
much they used to collect before and after the closure of the main market.
Mr. Speaker Sir,
The following table shows the revenue report for the FY 2014/15
Table 2
SECTOR/ REVENUE SOURCE BUDGET
APPROVED
(KSH)
ACTUAL
COLLECTION
(KSH)
VARIANCE
AGRICULTURE ,LIVESTOCK & FISHERIES
Application fees 1,723,881 2,449,015 725,134
Cattle auction and slaughter fees 1,149,254 1,394,696 245,422
ECONOMIC PLANNING ,COMMERCE &INDUSTRY
Open Air Market 22,985,075 20,803,040 (2,182,035)
Market stalls, bandas and enclosed
markets
17,238,806 746,460 (16,492,346)
ENVIRONMENT ,WATER AND NATURAL RESOURCES
Refuse collection and conservancy 2,298,507 1,845,210 (453,297)
WORKS .TRANSPORT AND INFRASTRUCTURE
Advertisement,TradeNames
,billboards and signboards
2,873,134 8,906,168 6,033,034
Building plans ,clearances and 2,873,135 3,487,130 613,994
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completion certificates
HEALTH
Income from health services 41,373,134 98,072,585 56,699,451
PHYSICAL PLANNING ,LAND & HOUSING
Change of user ,plots sub-division
and transfers
2,298,507 5,292,250 2,993,743
GENDER, YOUTH ,SPORT,CULTURE & TOURISM
Hire of facilities (social hall &
stadium)
1,149,254 70,300 (1,078,954)
GOVERNANCE AND PUBLIC SERVICE MANAGEMENT
debt recovery (rates & rents) 143,656,716 17,651,526 (126,005,190)
FINANCE
Cess(maize ,tea ,sand ,ballast etc) 25,858,209 33,939,562 8,081,353
Land rate & clearances (current
year)
45,970,149 16,821,107 (29,149,042)
Land rates penalties 5,746,269 7,706,542 1,960,273
Single business permits 25,858,209 49,578,810 23,720,601
Single business permit penalties 6,895,522 5,924,370 (971,152)
Vehicle parking fees 35,052,239 25,599,766 9,452473
Liquor license - 978,588 978,588
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Sub-Total Of Local Revenue 385,000,000 301,267,104 (83,732,895)
Mr. Speaker Sir,
In the above table the projected revenue collection from market stalls, bandas and enclosed
market was ksh.17, 238,806 however the actual collection was ksh. 746,460 giving a variance of
ksh (16,492,346) Mr. Speaker Sir, the department missed the target by a very big margin, they
should be guided by the preceding years to project targets for the subsequent financial
years.when you see their projected revenue collection for F/Y 2016/17 it reduces to
ksh.11,503,821, we expect that after completion of the main market stalls the revenue collection
should increase
Mr. Speaker Sir,
In health sector the projected revenue collection was ksh.41,373,134 of which the actual
collection was ksh.98,072,585 giving a variance of ksh.56,699,451 this was a very low target and
unrealistic
Mr. Speaker Sir,
Under Governance and Public Service Management, they attribute the underperformance in
revenue collection to Non-payment of rates by Kenya Railways, A.D.C, CILLOR K.I.E
amounting to ksh.1, 029,902,428 however in their target for debt recovery (rates and rents) their
target is only ksh.143, 656,716 this is unrealistic target
Mr. Speaker Sir,
The debt recovery unit should be formed /strengthened to set and achieve the realistic goals
TABLE 3: REVENUE REPORT BY SECTOR AS AT 29TH FEBRAURY 2016
SECTOR/ REVENUE
SOURCE
BUDGET
APPROVED
ACTUAL
COLLECTION
%
PERFORMERANCE
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(KSH) (KSH)
AGRICULTURE, LIVESTOCK & FISHERIES
Application fees 2,238,806 1,804,315 80.6
Cattle auction and slaughter
fees
1,492,538 830,610 55.6
Agricultural mechanization
services
- 1,330,819 -
ECONOMIC PLANNING ,COMMERCE &INDUSTRY
Open Air Market 29,850,746 14,740,310 49.4
Market Stalls, Bandas and
Enclosed Markets
22,388,060 4,357,800 19.5
ENVIRONMENT ,WATER AND NATURAL RESOURCES
Refuse collection and
conservancy
2,985,074 4,449,155 149
WORKS .TRANSPORT AND INFRASTRUCTURE
Advertisement, Trade Names,
billboards and signboards
3,731,343 5,718,683 153.3
Building plans, clearances and
completion certificates
3,731,344 3,832,475 102.7
HEALTH
Income from health services 119,000,000 64,035,768 53.8
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PHYSICAL PLANNING ,LAND & HOUSING
Change of user, plots sub-
division and transfers
2,985,074 1,455,970 48.8
GENDER, YOUTH ,SPORT,CULTURE & TOURISM
Hire of facilities (social hall &
staduim)
1,492,538 76,600 5.1
Amusement fees - 98,100 -
FINANCE
Cess(maize ,tea ,sand ,ballast
etc)
33,582,090 14,126,233 42.1
Land rate & clearances (current
year)
59,701,492 15,601,901 26.1
Land rates penalties 7,462,687 1,032,370 13.8
Single business permits 34,607,110 24,993,755 72.2
Single business permit penalties 8,955,223 580,325 6.5
Vehicle parking fees 54,822,388 23,396,924 42.7
Liquor license - 6,881,520 -
TOTAL 389,026,513 189,406,633 48.7S
Mr. Speaker Sir,
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Under the department of Agriculture livestock and fisheries the Application fees is lower than
what was collected in the previous financial year 2014/15
Under the department of Works, Transport & Infrastructure the Advertisement, trade names,
Billboards and Signboards-The FY 2014/15, they surpassed their target in the FY 2015/16 the
figures are lower than what was in the F/Y 2014/15.
5. TRANS NZOIA COUNTY FISCAL STRATEGY PAPER 2016 (CFSP)
Mr. Speaker Sir,
The County Budget and Appropriation Committee deliberated and made the following findings
on Medium-Term Expenditure on the proposed County Fiscal Strategy Paper 2016(CFSP).
a) MEDIUM-TERM EXPENDITURE
Mr. Speaker Sir,
The total projected revenue for the County in the FY2016/17 is Ksh. 6,374,905,698 out of which
Ksh. 5,601,924,220 is the equitable share (2016 BPS), and 500,000,000 is local revenue
projections while the remainder Ksh. 272,981,478 is a conditional grand from the National
Government.
b) PROPOSED RECURRENT EXPENDITURE BY DEPARTMENT 2016-2019
Mr. Speaker Sir,
The following is a table of the Proposed Recurrent Expenditure by Department 2016-2019
Table 4
Department Revised
Estimates
Proposed
Ceilings
2016/17
Projected
Expenditure
2017/18 (Ksh)
Projected
Expenditure
2018/19 (Ksh)
Agriculture, Livestock
and Fisheries
256,022,537 271,494,559 298,644,015 328,508,416
Economic planning, 30,468,797 68,823,748 75,706,123 83,276,735
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Commerce and
Industry
Water, Environment
and Natural Resources
46,231,161 87,231,168 95,954,285 105,549,713
Public Works, transport
and infrastructure
199,456,881 133,980,638 147,378,702 162,116,572
Health services 1,221,381,659 1,028,910,411 1,131,801,452 1,244,981,597
Lands, Housing and
Physical Planning
28,582,825 66,750,173 73,425,190 80,767,709
Gender, Youths, Sports,
Culture
52,765,476 102,637,760 112,901,536 124,191,690
Education, ICT 171,866,165 121,521,528 133,673,681 147,041,049
Governance, PSM,
CPSB
324, 672,861 391,368,916 430,505,808 473,556,388
Finance 417,130,321 402,070,624 442,277,686 486,505,455
County Assembly 498,398,759 527,552,585 580,307,843.50 638,338,627.85
Total Expenditure 3,246,977,442 3,101,924,220 3,412,116,642 3,753,328,306
Mr. Speaker Sir,
In the above table the Proposed Recurrent Expenditure by Department 2016-2019 for County
Assembly should be as amended in the above table.
c) PROPOSED DEVELOPMENT EXPENDITURE 2016-2019
Mr. Speaker Sir,
The following is a table of the Proposed Development Expenditure 2016-2019
Table 5
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Department Revised
Estimates
Proposed
Ceilings
2016/17
Projected
Expenditure
2017/18 (Ksh)
Projected
Expenditure
2018/19 (Ksh)
Agriculture,
Livestock and
Fisheries
184,704,429 280,000,000 330,000,000 350,000,000
Economic planning,
Commerce and
Industry
151,826,847 320,000,000 380,000,000 400,000,000
Water, Environment
and Natural
Resources
302,286,237 310,000,000 310,000,000 330,000,000
Public Works,
transport and
infrastructure
1,061,551,457 420,000,000 510,000,000 530,000,000
Education, ICT &
Vocational Training
187,552,942 265,000,000 310,000,000 330,000,000
Health services 477,504,823 570,000,000 600,000,000 620,000,000
Lands, Housing and
Physical Planning
163,288,720 270,000,000 320,000,000 340,000,000
Gender, Youths,
Sports, Culture,
women & Tourism
119,801,720 260,000,000 310,000,000 330,000,000
Governance, PSM, 92,685,954 230,000,000 280,000,000 300,000,000
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CPSB
Finance 79,700,000 75,000,000 110,000,000 130,000,000
County Assembly 86,986,544 95,685,198.40 105,253,718.24 115,779,090.06
Total Development
Expenditure
2,907,889,673 3,000,000,000 3,500,000,000 3,900,000,000
LIST OF AMENDED PROPOSED PROJECTS FOR 2016/17 F/Y
Table 6
AGRICULTURE LIVESTOCK FISHERIES AND CO-OP DEVELOPMENT
Projects Amount in Ksh.
Millions
Agriculture Sub Sector
1 Fencing of AMS (Agricultural machining services) 5
2 Fencing of ATC farm 5
3 AMS equipment & workshop 5
4 Promotion of coffee farming/ subsidy 10
5 Promotion of tea farming/ subsidy 7
6 Tissue culture laboratory and bananas seedlings 5
7 Soil testing equipment and services 5.2
8 Model farms 4.7
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9 Fruit tree nurseries 5.9
10 Office accommodation 5
11 Export vegetable crops 4
12 Utility vehicles 4
13 Plant clinics 6
14 Development of farmers data base 4
15 Soil & water conservation for sustainable agric 3
16 Construction of grain stores 9
17 Purchase and installation of grain driers 12
Agriculture Sub Total 99.8
Livestock subsector
1 Dairy value chain 1.67
2 Management of animal diseases and pest control 27.67
3 Livestock breeding and genetic improvement 12.5
4 Fish value chain 1.91
5 Cooperatives management 2.26
6 Improve indigenous chicken 14.42
Livestock subsector total 60.43
WATER ENVIRONMENT AND NATURAL RESOURCES
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1 Soil waste management 30
2 Restoration of water catchment areas 10
3 County forest cover extension 5
4 Sanitation (conservancy) 2
5 Boreholes 50
6 Rehabilitation of dams 20
7 Spring protection (400,000 per ward) 10
8 Completion of ongoing projects 25
9 Gravity scheme extension 30
Sector Total 182
EDUCATION AND ICT
1 ECDE classrooms (4 classes per ward) 100
2 Elimu bursary fund 101
3 Motivation scheme for teachers/ students 3
4 Teaching/ learning materials 8
5 Furnishing and equipping ECDEs 15
6 Tools/equipments for polytechnics 10
7 Annual county education conference 3
8 Capacity for teachers 3
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9 Vocational centre/ polytechnics exhibitions 3
10 Emergency education fund 4
11 Quality assurance & stds 5
12 ICT equipments & infrastructure and maintenance of ICT
equipment and services
3
Sector Total 258
LANDS HOUSING & URBAN DEVELOPMENT
1 Facilitation of acquisition of titles 75
2 Preparation of county spatial plan 30
3 Completion of Kitale integrated urban development plan 10
4 Preparation of Kiminini integrated urban development plan 13
5 Acquisition of land – relocation of forest 20
6 Housing development 22
7 Maintenance of county houses 5
8 Establishment of GIS lab 2
9 Construction of bodaboda (1 million per ward) 25
10 Secure and beatify green parks/Roundabouts 0.62
11 Purchase of land for airport expansion 10.88
Sector total 213.5
GOVERNANCE, PUBLIC SERVICE MANAGEMENT AND COUNTY PUBLIC
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SERVICE BOARD
1 Office construction and accommodation 50
2 Disaster management emergency fund 41.2
3 Establishment of security enforcement unit / ombudsman office 11.15
4 Human resource management and policy development 30.9
5 Public participation and civic education(per ward) 12
6 Intergovernmental relation programs 7.5
7 Needs assessment and customer satisfaction surveys 5
8 Human resource planning 6.25
Sector total 164
HEALTH SERVICES
1 Community health strategy 5
2 Vaccines & immunization cold chain equipment 20
3 Equipping health facilities 30
4 Construction of 5 incinerators and disposal pits 20
5 Procure 50 motorcycles and 5 utility vehicles 40
6 Purchase generators for all hospitals 20
7 County referral hospital completion 300
8 KMTC expansion /construction 50
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9 Expansion /construction of ward health facilities 75
10 Mount Elgon Hospital 10
11 District Hospital 16.29
Sector total 586.29
GENDER ,YOUTH,SPORTS & TOURISM
Gender
1 Youth and women development fund 40
2 Welfare services to person with disabilities(PWDs)elderly
socially distressed and vulnerable groups(1.2 per ward)
30
3 Establishment of a rehabilitation centre for street
children(Bahati)
2
4 Establishment of youth sport training centre (talent centre) 15
5 Capacity building for youth & women 2
6 Cultural activities 10
7 Purchase of sport equipment (1m per ward) 25
8 Development of tourism products, tourism promotion and
marketing
5
Sector total 129
WORKS ,TRANSPORT AND INFRASTRUCTURE
1 Purchase of road construction equipments 240
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2 Completion of bus park 55
3 Road maintenance (2m per ward ) 50
4 Electrification program 10
5 Construction of drainage structures(1m per ward) 25
6 Fire station 5
7 County garage 5
8 Branding 5
9 Projects supervision 5
10 Rehabilitation of back streets 20
Sector total 420
ECONOMIC PLANNING ,COMMERCE& INDUSTRY
1 County planning
2 County plans 5
3 County monitoring and evaluation system installation 5
4 Project monitoring and evaluation 3.5
5 Social economic surveys 2
6 Information and documentation centre 2
Sub Total 17.5
MSE
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1 Juakali sheds(1m per ward) 25
2 Mse SACCO capacity building 3
3 Nawiri fund(1m per ward) 25
Sub Total 53
TRADE
Business park 50
County branding 5
Trans Nzoia holding company /maize milling and animal feeds
plant
93.5
Construction of modern kiosks(1.6 per ward) 40
Weights and measures equipment 7
Sub –Total 195.5
Sector Total 266
FINANCE
1 Utility vehicles 25
2 Improvement of automated systems 35
3 Audit of county projects 15
4 Sector total 75
5 Wards specific projects 450
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COUNTY ASSEMBLY 95,685,198.40
GRAND TOTAL
6. RECOMMENDATIONS
Mr. Speaker Sir,
The committee recommends that;
a) The allocation of ward specific projects for F/Y 2016/17 to be Ksh. 18 million per ward.
b) The revised County Fiscal Strategy Paper 2016 (CFSP) to be adopted by this honorable
house with above amendments.
7. CONCLUSION
Mr. Speaker Sir,
The county executive should follow and implement this report as it is for the good of Trans
Nzoia people.
DATED AT KITALE THIS DAY OF MARCH 2016
1. HON. SIMON MAKHANU………………………..
2. HON. DAVID KABOLOMAN……………………
3. HON. ALFRED WESWA………………………….
4. HON. HILLARY KEMEI………………………….
5. HON. BETTY KIPSONGOK………………………
6. HON. EDWARD KITUR…………………………..
7. HON. FRANCIS WERE……………………………
8. HON. GILBERT KITIYO………………………….
9. HON. JOEL MILIMO………………………………
10. HON. JOHN LIKOVELE…………………………..
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11. HON. MUNENE MUKUHA………………………..
12. HON. ANDREW KUTITILA………………………
13. HON. ANGELINE TOO……………………………
14. HON. MARGARET WANJALA…………………..
15. HON. SAMUEL YATOR…………………………..
16. HON. PHILIP SAKONG……………………………
……………………………………………………
HON. DAVID KISAKA
CHAIRPERSON: COUNTY BUDGET AND APPROPRIATION COMMITTEE
Speaker: Thank you Chairman, can we have one member to second the adopt of that report?
Hon. Makhanu: Thank you Mr. Speaker, I stand to second the report as it has been read. Thank
you.
Speaker: I now allow few comments, one member from this side and another one from the other
side.
Hon. Kutitila: Thank you Mr. Speaker for giving me this chance so that I can support the report.
Mr.Speaker, I want to appreciate the committee that this time, they have really tried to increase
the allocation .Because, we have discovered Mr. Speaker that some projects that have been
launched in Ward level are in report. But implementation Mr. Speaker is a problem, even if we
struggle and we miss Wards specific projects, I will urge my colleagues that we should not leave
this projects so that Executive can take them free because it’s the money of the people of Trans
Nzoia. Secondly, I want also to appreciate that as a committee, we sat down and I realize that as
the assembly, its necessary to have our development. Mr. Speaker most of the time Executive
have been doing their things forgetting that also Assembly has to do development. Mr. Speaker,
as the Chair said, we give allocation to the Assembly because we have some projects which will
take some years like administration block, catering and Mr. Speaker after finishing this wall, we
need also to have a plan for the Assembly center. Lastly, Mr. Speaker, I want to urge the
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Executive that they should not put funds in this small Banks like Chase Bank which has been
faced with problems like what they did with the bursary. This time we want to urge the executive
that Trans Nzoia funds go where we are sure of instead of facing the same challenge tomorrow
again. Most of the students who are in University from Monday will not sit for their exams. I
support our able Chair of the committee where am also a member. This is the last financial to me
Mr. Speaker and we want to make sure that Executive implement the budget because we shall be
seriously campaigning so that at the end of the day Mr. Speaker, we make sure this budget will
make us to come back Mr.Speaker,I want to support it.
Hon. Njoroge: Thank you Mr. Speaker, I also want to take this opportunity to thank the
committee for having deliberated on the same and table a very nice report. My concern Mr.
Speaker is that on revenue collection, it is actually very clear to us what we are getting from the
work force and what is going. The figure are coming down instead of increasing whatever we
are supposed to collect .Under land, I wish if the county government or executive might
consider to give waiver to the land owners. We will ensure we get much from that sector, so they
should consider a waiver at this time Mr. Speaker it’s quite okay. I also concur with Chair. Mr.
Speaker, I don’t understand why somebody underrates or even begging the correction at every
lower rate unless one has got things that we don’t understands. I don’t see why somebody should
say we are going to collect two shilling and yet we have the capacity of collecting ten. Am very
grateful now that the Ward specific fund has been increased from 12million shillings to 18
million shillings, am very comfortable the 12million we got Mr. Speaker is making huge impact.
If it goes and we are able to implement it. This will ensure that all of us we are coming Mr.
Speaker.
Hon. Kaboloman: Thank you Mr. Speaker, I want to say something on the report Mr.Speaker.I
want to make it clear that this is not a budget, this is strategy paper, the guidelines on how to the
budget is going to be. Therefore, I want to say that the proposal Executive has given to us is very
good. Not budget but a guideline that Executive have given us.
Speaker: Hon Deputy Speaker, this is what forms the basic on the budge, continue,
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Hon. Kaboloman: But I think Mr. Speaker, if am not wrong, the paper itself- County Strategy
Paper and is the foundation of the budget the way you have said Mr. Speaker, and therefore, am
honest and I want to be quoted that this is the basic of making a budget and we can come again
and reverse its up to the committee of the budget and this House to endorse the proposal of the
budget.
Speaker: Thank you Hon. Deputy Speaker, sit down. Let me explain something. I attended to a
very high caliber meeting in Mombasa and we had an economist and he really stressed on this
paper, he said that we have always been taking it wrong by wanting to change the budget very
late. I want also to emphasize that be this House which we again pass this budget and incase that
budget contravene and we have put it here the ACT will be the same circle of the last financial
year. We want when we forward this paper to the executive to be very clear that what the
assembly has adopted is what they should follow to bring out the budget. We should not doubt
ourselves unless we don’t want 18 million shillings for the wall.
Hon.Kaboloman: Thank you Mr. Speaker am very much conversant of the figure. I want to
thank you Hon. Members even although it’s not the budget but the guideline. Thank you.
Hon. Milimo: Thank you Mr. Speaker, it’s an opportunity that I should add my voice to the
good work so far done. Mr.Speaker, over developing critic, the Fiscal Strategy Paper that should
be adopted by this House. Mr. Speaker, I thank you for the wisdom. This is the really thing Mr.
Speaker the finance Act says that the Executive Mr. Speaker shall simply adopt what has been
approved by the Assembly, they can change and if they change they will bring the budget to us.
Therefore, our responsibility is to look the needs of the people. What is ahead of us Mr. Speaker
through the Chair of budget is to invite the individuals department Mr. Speaker so that they come
up with a program based on a subject which this money we have allocated in their department
should be programmed. One speaker said earlier that we develop these Ward specific projects
Mr. Speaker. The entire county government has turned out to focus on 12 millions shillings and
they have left the entire budget. I don’t know where this budget is going to? Mr. Speaker, we are
remaining with only 2 months for entire financial year 2015/2016 to go. Therefore, this House
should be vigilant to ask each and every department of County Executive Committee, Chiefs
TRANS NZOIA COUNTY ASSEMBLY DEBATE
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Officers to account for the money. Mr. Speaker, we are being given small percentage as the
county government by the treasury and we are all focusing on that l forgetting the entire budget
of the republic of Kenya .That’s why there are billions of money being swindled, because we are
not vigilant about the money that’s left at the treasury, the same to 12million shillings or
18million the rest of the money is with executive. We need to make sure that we follow up and
ensure this money is well used. Otherwise with these few remarks, Mr. Speaker, I concur with
the committee and also the Chair.
Speaker: Thank you very much the Hon. House, I now put the question that this report on
County budget and appropriation committee on County Fiscal paper 2016 dated the 14 th /4/2016
be adopted by this Hon. House
I now direct this report that has been adopted by this Hon. House together with the report with
the amended one, retain the first one, they brought a new one fashion and this report which they
brought 29th March 2016 be together with a cover letter and be send to the Executive so that we
proceed with budget making process and I urged the Chair of budget that this time to be vigilant.
We don’t want to see what happened last year to re occur. This county belongs to the people of
Trans Nzoia, if there is any differences, we iron them before so that we serve the people of this
county during this last year in our Offices.
Next item on the Order Paper?
Report by Transport and Public works committee on roads at Matumbei by Hon. Samuel
Yator.
Hon.Yator: Thank you Mr. Speaker
Report by Transport and Public works committee on roads at Matumbei by Hon. Samuel
Yator.
Thank Mr. Speaker
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REPORT OF TRANSPORT AND PUBLIC WORKS COMMITTEE ON ROADS
WORKS IN MATUMBEI WARD
1. INTRODUCTION:-.
Following the resolution of this Honorable on 15th December 2015 during a special sitting, this
House Resolved that Transport committee ascertain the real contractors who did road works in
Matumbei and actual amount of work done by each contractor. The Committee held it’s sittings
at County Assembly Boardroom to strategize on the best approach to apply and proceeded to
Matumbei Ward on 10th March 2016 to collect data and verify the actual work done on roads by
the contractors. The committee then analyzed data collected from the Ward at Iroko Crystal
Hotel on 7th April 2016 where it comes up with this comprehensive report.
Mr. Speaker Sir,
As the committee went out to accomplish the task tasked, it was guided by the following
principal that the committee of PAIC made and which was adopted by the House and committed
to this committee. The recommendation was:-
1. Roads in Matumbei Ward were claimed by various contractors as indicated in
appendix IV; pages 85-86
2. MEMBERSHIP OF THE COMMITTEE
The Members of the Committee as constituted by this House and were present during the
exercise are:-
1. HON. SAMUEL YATOR Chairperson
2. HON. BERNADINE OMONDI V/Chairperson
3. HON. DAVID KISAKA Member
4. HON. EMMANUEL WASWA Member
5. HON. GEORGE MASIKA Member
6. HON. HILLARY KEMEI Member
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7. HON. JAPHETH WAMBALABA Member
8. HON. MUNENE MUKUHA Member
9. HON. ALFRED WESWA Member
10. HON. ANGELINE TOO Member
11. HON. DORCUS SIKOWO Member
12. HON. TERRY MASIBO Member
13. HON. EVERLINE NELIMA Member
14. HON. JULIA EGO Member
15. HON. MAGDALINE TUWEI Member
16. HON. FARID MOHAMED Member
17. HON. MARGARET WANJALA Member
18. HON. BIRGEN ELIZABETH Member
19. HON. PHILIP SAKONG Member
SECRETARIAT STAFF
The Committee was aided by the secretariat composed of;-
1. Colleta Kisaka D/Clerk
2. Abraham Walubengo Senior Clerk
3. Joshua Kasembeli Hansard
4. kiprotich Meng’wa Ag. Committee Clerk
5. Eglah Magoma Ag. Committee Clerk
6. Moses Wanyonyi Finance Officer
7. Fred Wanyonyi Ag. Committee Clerk
8. Juliet Bii Ag. Committee Clerk
3. MANDATE OF THE COMMITTEE
Mr. Speaker Sir,
This committee is mandated to do deal with:-
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All matters related to county transport, including county roads, street lighting, traffic and
parking, public road transport and ferries and harbors, excluding the regulation of international
and national shipping and matters related thereto; county public works and services including
storm water management systems in built-up areas and water sanitation services
Mr. Speaker Sir,
The committee invited all the contractors who were claiming to have done road works in
Matumbei Ward and the following contractors turned up:-
a. Evisa Construction Company
b. Milestone Contractors
c. Mateka Construction
d. Delta Maintenance Service
While those Contractors who did not turn up were:-
1. Chebna Enterprise
2. Jackom Building
3. Lisa international
4. Exodus technical
5. Cheparus Women Group
6. Pacific
7. Seberias Building
Mr. Speaker Sir,
The committee also invited the representation of the contractors and among of them was the
(Personal Assistance) P.A to the late Hon. Matongolo who was instrumental in identification of
actual contractors who had worked in the said road.
Mr. Speaker Sir,
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My committee also interviewed locals who were quick in their appearance and helped us a lot in
the same exercise of identification.
The committee then proceeded to Iroko on 7th 8th and 9th to write a report.
FINDINGS/OBSERVATIONS
Mr. Speaker Sir
The committee reached all the roads that were claimed with the contractors and came up with
these findings;
i. The committee after inspections realised that there was no any conflict on any road
between Milestone Constructor and Delta Maintenance.
ii. Delta Maintenance did its roads work on the lower side Matumbei Ward, i.e Tobos
and Kolongei .
iii. Milestone did its roads work at the upper side of Matumbei i.e Salama, Ngoikwana
and Samagoli.
iv. Some of the Contractors worked with proper documents, i.e. LSO’S BQ’S ward
letters and completion certificate as listed in table 4
v. Some contractors worked without any relevant documents as listed in the table 3.
vi. Total length of roads graded in the whole ward by contractors who have all the
contractual documents was 31. 9 km while those graded by contractors without
relevant documents was 126. 1 km. In total 158.2 KM were graded in Matumbei
Ward as indicated in table 5
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vii. Gravelling done with contractors who have LSO,s was 12.6 km while that done by
contractors without LSO.s was 10.2 .Mr. Speaker, the total length of gravelled length
is 22.8 as indicated in table 5
viii. Lines of Culverts were installed by contractors who had LSO 14 while lines of
culverts installed by Contractors without the LSO,s were 25 In total 39 lines of
culverts were installed as indicated in table 5
RECOMMENDATIONS
Mr. Speaker Sir,
The committee strongly recommends THAT PAYMENTS SHOULD BE MADE ON THE
BASIS OF WORK DONE BY EACH CONTRACTOR.
DATA COLLECTED ON ROAD DONE IN MATUMBEI CONDUCTED BY
THE TRANSPORT AND PUBLIC WORK COMMITTEE
TABLE 1
TRANS NZOIA COUNTY ASSEMBLY ROAD INSPECTION MATUMBEI WARD
10/03/2016
INSPECTION SCORE SHEET ROADS WITHOUT LSO NO
ACTIVATES IN MATUMBEI WARD ENDEBESS SUB COUNTY
NAME OF THE ROAD CONTRACTOR LENGTH BUSH
CLEARI
NG
GRADIN
G
CULVERTS MURRAMI
NG
COMMENT
1. Cheptumbei Elgon Junior Delta Maintenance 2.1 KM Not Done Done None Not Done
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2. Gichuki Fishers Delta Maintenance 1.8km Done Done 2(900mm) Not Done
3. Titmet-Kamron Road Delta Maintenance 0.3km Not Done Done None Not Done
4. Dip Matumbei Road Delta Maintenance 1.4 KM Not Done
5. Kambon-Mzee Siasa Delta Maintenance 1.5 km Done Done None Not Done
6. Joboo Center-Kasaran Road Delta Maintenance 1.2km Done Done None Not Done
7. Kolongei Nyakoikwana Delta Maintenance 3km Done Done 2 Not Done
8. Endebess –Kimoso Farm B Delta Maintenance 3km Done Done None Done(2KM)
9. Kolongei Saiekwa Delta Maintenance 0.3km Not Done Done None Not Done
10. Matumbei Sec Lapot Delta Maintenance 0.9km Done Done None Not Done
11. Kalongei Lapot Mubere Delta Maintenance 2.5km Done Done 1 Not Done
12. Matumbei-Titimet Delta Maintenance 3 KM Not Done Not Done 1 Not Done
13. Kubere Center-Kaibei Delta Maintenance 0.7km Done Done None Not Done
14. Endebess-Kimoso Farm A Delta Maintenance 3KM Done Done 1 Done (3km)
15. Mosop PCM on Center Road Delta Maintenance 1.5 KM Not Done Not Done None Not Done
16. PST Joseph-Kasarani Delta Maintenance 1.5km Done Done None Not Done
17. Kolongei Center-Health Road Delta Maintenance 1 km Done Done None Not Done
18. Saekwa-Cheptikiti Delta Maintenance 1.5 km Not Done Done None Not Done
19. Tobos Center-Hospital Delta Maintenance 2.2 KM Not Done Not Done 1 Done (0.5)
20. Nalulingo Pri-Kimondo Delta Maintenance 1.5 km Done Done None Not Done
21. Butaki-Maruki Road Delta Maintenance 2. 5 km Done Done None Not Done
22. Kapkuresi-Toboo Delta Maintenance 7 KM Not Done Done None Done (1 km)
23. Kwa Simiyu-Willington Road Delta Maintenance 3.8km Not Done Done 1 Not Done
24. Butaki-Sesia Delta Maintenance 0.7km Not Done
25. Cheptikit Pri- Kiteria Delta Maintenance 1.2km Done Done 2(900mm) Not Done
26. Nalulingo Pri-Dip Delta Maintenance 3 km Done Done None Not Done
27. Mubere River-Meru Farm Pacific General 2km Done Done None 0.05km
28. R19-Namwichula Kaloleni Jackoam Building 3.1km Done Done None Not Done
29. Kimindo Nalulingo USA International 1.9km Done Done None Not Done
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Page 66
C
30. Salama-Basali-Pri-Chenge Exodus Technical 2km Done Done None Not Done
31. Gumo-Namiti- Kimondo Pacific General 0.4km Done Done None Not Done
32. Mebere Sec – Cheptarea Pacific General 5.8km Done Done 3(600mm) 1.7km
33. C45-Gumo-R19-Mamiti Siberias Building 1.9km Done Done 2(600mm) 1.9km
34. C337-Zea Cheparus Women
G
3km Done Done 1(600mm) 0.05km
35. Kimondo Junction-Kaponywa Pacific General 2.5km Done Done None Not Done
36. Mzee Wanyama- Chemkengeni Milestone 1.6 km Not Done Done None Not Done
37. Peter Makaya-Mwalimu Sinoch Milestone 1.4 KM Done Done None Not Done
38. Peter Wafula-MwalimuSinoch Milestone 1.3 km Not Done Done None Not Done
39. Peter Wafula Jun-Quary Milestone 1.3 km Not Done Done None Not Done
40. Quary –WangilaMepu Milestone 1.9 km Not Done Done None Not Done
41. Mzee Lumbasi-Mzee Clement Milestone 1.5 km Not Done Done None Not Done
42. Kaimbe-Mzee Andarasi Milestone 2.3 km Not Done Done None Not Done
43. Mzee Andarasi-Forest Milestone 1.8 km Not Done Done None Not Done
44. Jun Mzee Andasi-Salama Mkt Milestone 1.0 km Done Done None Not Done
45. Salama-Mzee Okutu Milestone 1.0km Not Done Done None Not Done
46. Adija(Patrick)-Rock Jun-
Lawrence
Milestone 1.0 km Not Done Done 1(600mm) Not Done
47. Adija-River Milestone - Not Done Done None Not Done Not Done
48. Bony (Private School)-River Milestone 0.4 KM Not Done Done None Not Done
49. Salama Market-Four Way Jun Milestone 1.5 KM Not Done Done None Not Done
50. Kerra Road Jun(RHS)-Mzee
Mark
Milestone 1.2 KM Done Done None Not Done
51. Kerra Road Jun(LHS)-Dispensary Milestone 0.5 km Not Done Done None Not Done
52. Sokomoko Mkt-Forest Milestone Not Done
53. Sokomoko Market –Namutokholo Milestone Not Done
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54. Kambi Kisii Junction-Chepkwirot Milestone Not Done
55. 4way Junc(Machambe)-
Marehemu Maremo
Milestone Not Done
56. Chepkwirol Church-FHC-Adija
River
Milestone 2.3 KM Not Done Done None Not Done
57. Machebe-Faith Hope Church Milestone 1. 0 km Not Done Done None Not Done
58. New Life Church-Mama Agnes Milestone 1.0 KM Not Done Done None Not Done
59. FHC-NLM Patrick Nyongesa
Mungori
Milestone 2.0 KM Not Done Done None Not Done
60. New Life Mission- River Milestone 1.3 km Not Done Done None Not Done
61. Mzee Chemase-Mzee Boy
Junction
Milestone 1.2 km Done Done 2(600mm) Not Done
62. Mzee Richard-Cattle Dip Milestone 2.5 KM Done Done None Not Done
63. Cattle Dip-Kabuiywa-Forest Milestone 3.6 km Done Done 2(600 mm) Not Done
64. Chesta Center-Namchula Milestone 2.0 km Done Done None Not Done
65. Chesta Center-Narulingo Pri Milestone 2.8 km Not Done Done None Not Done
66. Mangi(Mkamba)-Patti Milestone 1.6 km Done Done None Not Done
67. Sokomoko Market-Jun River Milestone 1.2 km Not Done Done 2(600mm) Not Done
68. Nyamumbo- Dispensay -Mukai Milestone 1.7km Not Done Done 2(600mm) Not Done
69. Mzee Wanyama-Namutoholo Milestone 0.8 km Done Done None Not Done
70. Tobos Center-Hospital Delta Maintenance 0.5 KM Done Done None Not Done
71. C45 Catholic-E343 Bosio 1.1 KM Done Done None Not Done
72. C45-Kalacha 0.3 KM Done Done None Not Done
73. Kimondo Market-Kalabana 1.5 KM Not Done Done None Not Done
74. Tobo-Cheptarakai 3 KM Done Done None Not Done
75. Kolengei-Kapkuresi 1.3 KM Done Done None Not Done
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TABLE 2
TRANS NZOIA COUNTY ASSEMBLY ROAD INSPECTION
MATUMBEI WARD
10/03/2016
INSPECTION SCORE SHEET ROADS WITH LSO NO.
ACTIVITIES IN MATUMBEI WARD ENDEBESS SUB COUNTY
NAME OF THE ROAD CONTRACTOR LSO NO LENGTH BUSH
CLEARING
GRADIN
G
CULVER
TS
MURRAMIN
G
COMME
NT
1. Kimondo Pri-Salama
Mkt
Pacific General 1083808 2.9KM Done Done 1(600mm) 2km
2. Kimondo Pri-
Chemngengen Farm
Pacific General 1083808 0.5KM Done Done None Not Done
3. EX-Clara Farm Chebna
Enterprises
0968714 1KM Done Done 4(600mm) Done(1 KM)
4. Kalka Road-Bwadome Evisa Con 1018435 1.9 KM Done Done None Done (1.9 KM)
5. Kolongei-Culavary Evisa Con 1018436 1.6 KM Not Done Done None Done (0.7 KM)
6. Kapkures Road Jun Evisa Con 1018439 1.9 KM Done Done 2(900mm) Done (1.2 KM)
7. Matumbei- Muberi
Road
Evisa Con 1018438 1.5KM Done Done 2(600mm) Not Done
8. Lapot – Kolongei Evisa Con 1018440 2.0 KM Done Done None Done (1 KM)
9. Catholic -Chepsalei Mateka Con 0945784 4. KM Done Done 2(600mm) Not Done
10. Cheptembei-Scheme Mateka Con 0945785 5.0 KM Done Done 1(600mm) Done (1 KM)
11. Korrea –Labot Evisa Con 1018433 2.0 KM Done Done None Done (1 KM)
12. Toboo-Dispensary Evisa Con 1018437 2.0 KM Done Done 2(600mm) Done (1 KM)
13. Kolongei-Namwikhula Evisa Con 1018434 6.0 KM Done Done None Done (2.3 KM)
14. Holistic Road Evisa Con 1018441 1.1 KM Done Done None Done (1 KM)
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SUMMARY OF WORK DONE
(ROADS WITHOUT LOCAL SERVICE ORDER (LSO) NO
TABLE 3
NAME OF THE CONTRACTOR GRADING –
LENGTH (KM)
TOTAL
CULVERTS –
LINES(600MM)
MARRAMING -
LENGTH (KM)
DELTA MAINTENANCE 51. 8 KM 11 6.5 KM
PACIFIC GENERAL 8.2 KM 3 1.75 KM
JACKOAM BUILDING 3.1 KM 0 0
MILESTONE 47. 2 KM 8 0
SIBERIAS BUILDING 1.9 KM 2 1.9 KM
CHEPARUS WOMEN G 3 KM 1 0.05 KM
USA INTERNATIONAL 1.9 KM 0 0
EXODUS TECHNICAL 2 KM 0 0
OTHERS ( ROADS WITHOUT
FOUND CONTRACTORS)
7. 2km 0 0
TOTAL 126.3 KM 25 10.2 KM
SUMMARY WORK DONE
ROADS WITH LOCAL SERVICE ORDER (LSO) NO
TABLE 4
NAME OF THE
CONTRACTOR
GRADING -
LENGTH
(KM)
CULVERTS
LINES (600MM)
MURRAMING
LENGTH IN KM
PACIFIC GENERAL 3.4 KM 1 2 KM
CHEBNA ENTERPRISES 1 KM 4 1.0 KM
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EVISA CONSTRUCTION 18.5 KM 6 9.1 KM
MATEKA CONSTRUCTION 9 KM 3 0.5 KM
TOTAL 31.9 KM 14 12.1 KM
TABLE 3
Summary
Name Designation
Signature
1. Hon. Samuel Yator Chairperson
------------------------------------
2. Hon. Bernadine Omondi Vice Chairperson
------------------------------------
3. Hon. David Kisaka Member
-----------------------------------
4. Hon. Emmanuel Waswa Member
----------------------------------
5. Hon. George Masika Member
------------------------------------
6. Hon. Hillary Kemei Member
------------------------------------
7. Hon. Japheth Wambalaba Member
------------------------------------
GRADING CULVERTS MURRAMIMG
WITH LSO NO 31.9 KM 14 12.6 KM
WITHOUT LSO NO 126.3 KM 25 10.2KM
TOTALS 158.2 KM 39 22.8 KM
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8. Hon. Mukuha Munene Member
---------------------------------
9. Hon. Alfred Weswa Member
-----------------------------------
10. Hon. Angeline Too Member
------------------------------------
11. Hon. Dorcus Sikowo Member
-----------------------------------
12. Hon. Terry Masibo Member
-----------------------------------
13. Hon. Everline Masibo Member
---------------------------------
14. Hon. Julia Ego Member
--------------------------------
15. Hon. Magdaline Tuwei Member
--------------------------------
16. Hon. Farid Mohamed Member
-------------------------------
17. Hon. Margret Wanjala Member
--------------------------------
18. Hon. Birgen Elizabeth Member
------------------------------
19. Hon. Philip Sakong Member
-------------------------------
Speaker: Thank you Hon. Yator. Hon. House, I have the report on Transport and Public works
committee on roads at Matumbei. I now propose the Chair to give one person from the
committee to second it.
Hon. Yator: Thank you Mr. Speaker, I urge the Hon. Kisaka to second. Thank you.
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Speaker: Is he a member of your committee?
Hon. Yator: Yes Mr. Speaker.
Hon. Kisaka: Thank you Mr. Speaker, I stand to support the report.
Speaker: I now open the debate and only one member from each side
Hon. Masika: Thank you Mr. Speaker Sir, I don’t have the same report and that will limit my
contribution.
(Gets a copy)
Mr. Speaker, I believe that the committee had done a good work to verify companies that had
arguments and the committee has come up with a very comprehensive report. I believe it’s a true
copy of what was done on the ground. Therefore, I support the report. Thank you.
Hon. Toroitich: Asante Bwana Spika ningependa kushukuru Kamati hii sana. Bwana Spika,
ningependa kusema kwamba, kamati hii imefanya vizuri ili hawa wanakandarasi waweze
kulipwa. Itakuwa vizuri ujumbe huu uwafikie ili walipwe. Hata Biblia inasema, kila mmoja
anapofanya kazi anastahili apewe haki yake. Asante bwana Spika.
Speaker: Honorable House, I appreciate that the report has been contributed and now it’s my
turn to put a question,
Will as many as of the similar opinion that the report of Transport and Public works committee
on roads at Matumbei be adopted by this House say Ay?
Will as many as of the contrary opinion say Nay?
Next item on the Order Paper?
Report by Budget and appropriation committee on finance Bill by Hon David Kisaka.
Hon Kisaka: Thank you Mr. Speaker Sir, I Stand to table the report as follows;
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REPORT OF THE COUNTY BUDGET AND APPROPRIATION COMMITTEE ON
TRANS NZOIA COUNTY FINANCE BILL 2015
8. INTRODUCTION:-
Mr. Speaker Sir,
This is the report of the County Budget and Appropriation Committee on the Trans Nzoia
County Finance Bill 2015, following its sittings at the County Assembly Board room and at
Iroko Crystal Gardens Hotel in Kitale between 11th to 14th March, 2016.
9. MEMBERSHIP OF THE COMMITTEE
Mr. Speaker Sir,
The members of the Committee as constituted by this honorable house and who were present
during deliberations are:-
1. HON. DAVID KISAKA CHAIRPERSON
2. HON.SIMON MAKHANU - VICE CHAIRPERSON
3. HON. BETTY KIPSONGOK-MEMBER
4. HON. DAVID KABOLOMAN-MEMBER
5. HON. ALFRED WESWA-MEMBER
6. HON. HILLARY KEMEI-MEMBER
7. HON. EDWARD KITUR-MEMBER
8. HON. FRANCIS WERE-MEMBER
9. HON. GILBERT KITIYO-MEMBER
10. HON. JOEL MILIMO - MEMBER
11. HON. JOHN LIKOVELE-MEMBER
12. HON. PHILIP SAKONG-MEMBER
13. HON. MUNENE MUKUHA-MEMBER
14. HON. ANDREW KUTITILA-MEMBER
15. HON. ANGELINE TOO - MEMBER
16. HON. MARGARET WANJALA-MEMBER
17. HON. SAMUEL YATOR-MEMBER
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THE SECRETARIAT
Mr. Speaker Sir,
The committee was aided by the following secretariat staff;
7. COLLETA KISIKA – D/ CLERK
8. ABRAHAM WALUBENGO – S/ CLERK ASSISTANT
9. MOSES WANYONYI-FINANCE OFFICER
10. DENNIS PANYAKO- BUDGET OFFICER
11. NICHOLAS NANDASABA- SERGENT- AT- ARMS
12. JULIET BII – COMMITTEE CLERK
13. JOSHUA KASEMBELI – HANSARD
THE MANDATE OF THE COMMITTEE
Mr. Speaker Sir,
The County Budget and Appropriation Committee is a Creature of Standing Order 187. The
Committee is mandated to:-
f) investigate, inquire into and report on all matters related to coordination, control and
monitoring of the County budget;
g) Discuss and review the estimates and make recommendations to the County Assembly;
h) Examine the County Budget policy Statement presented to the County Assembly;
i) Examine Bills related to national(sic)County budget, including Appropriation Bills;
and
j) Evaluate tax estimates, economic and budgetary policies and programmes with direct
budget outlays.
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AGENDA
Mr. Speaker Sir,
Pursuant to the above mandate the Committee’s agenda was to examine the Trans Nzoia
County Finance Bill 2015 and propose amendments or adopt it as without amendments thereof
for subsequent consideration, debate and adoption by the plenary.
THE TRANS NZOIA COUNTY FINANCE BILL2015
Mr. Speaker Sir,
The budget committee deliberated on the finance bill 2015 and adopted the bill without
amendments;
DATED AT KITALE THIS DAY OF MARCH 2016
……………………………………………………
HON. DAVID KISAKA
CHAIRPERSON: COUNTY BUDGET AND APPROPRIATION COMMITTEE
Speaker: One member from the committee to second the report..
Hon. Milimo: Mr. Speaker Sir, I stand to second the report as tabled by Chair on the Fiancé Bill
2016.
Speaker: Thank you the Honorable House, with me I have the report on Budget and
Appropriation committee on Finance Bill and to that report it s next to the ACT itself. It’s a
short report, very clear and self explanatory. That is why I will go ahead and put the question.
Will as many as of the Similar Opinion that the report on the Trans Nzoia Finance Bill be
adopted say Ay?
Will as many as of the contrary opinion say Nay?
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The Ays have it.
Next item on the Order Paper?
Question No.012/2016 By Hon. Elizabeth Birgen.
Hon. Birgen: Thank you Mr. Speaker. I stand to table the following statement question as
follows:-
Under The Departmental Committee for Education, Information and Communication
Technology
Question to Executive Committee Member in Charge Of Education and ICT
Mr. Speaker Sir,
In the period 2014/2015 the County Government agreed that one ECD classroom was to be
constructed per one public school;
Could the county executive committee member for education and ICT furnish this house through
the relevant committee chairperson information with regard to the following;
1. How many classrooms were to be constructed?
2. How many were completed and how many were not?
3. How many contractors were paid the competed projects and what were their identities?
Thank you Mr. Speaker, Sir,
Speaker: Thank you the Hon. House, we have a statement dated 14/4/2016 by the Hon. Birgen
directed to the member committee for Education information and communication Technology. I
now direct the CEC to furnish this house with answer within 30 days from today’s date through
Office Clerk, the
Hon.Kititila: I want to make clarity because she is saying in all public schools, somebody may
misquote her.
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Hon. Nelima: Thank you Mr. Speaker, after the session the member can communicate with
office of the Clerk, because there is no provision where you have to discuss the question which
has been asked by any person in this House.
Speaker: I concur with your statement. The person to struggle with question is the County
Executive Committee in Charge, not any person from this House. I will say we need the answers
within 30 days from today’s date and the committee can follow up and ensure the answers are
obtained thank you.
Next item on the Order Paper?
Question No.013/2016 by Hon. Elizabeth Birgen.
Hon.Birgen: Thank you Mr. Speaker, I stand to table statement question,
Under departmental committee for agriculture
Question to the executive committee member in charge of agriculture
Mr. Speaker sir,
The county government having renovated cattle dips across the county, could the county
executive committee member for agriculture to furnish this house through the relevant committee
chairperson information with regard of the following
1. Why chemicals have not been supplied for this facility to function?
Thank you Mr. Speaker sir
Speaker: Thank you Honorable House. I have a question, dated 14/4/206 I direct it to
Executive committee in charge of agriculture on chemicals and I direct that in charge of that
departmental committee to furnish this House within 30 days with answers to this question.
Next item on the Order Paper?
Question no.014/2016 by Hon Joel Milimo.
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Hon Milimo: Thank you Mr. Speaker Sir.
Question no.014/2016 by Hon Joel Milimo.
Hon Milimo: Thank you Mr. Speaker Sir.
Under the departmental committee for finance and transport and public works
Question to executive committee members in charge of finance transport and public works
Mr. Speaker Sir.
Previously it was argued that because the county assembly had not passed the relevant resolution
authorizing payment of County Government contractors for the period 2013/2014 and 2014/2015
and the said resolution having since been passed on 15th December 2015.
Could the county Executive committee members in charge of finance and transport and public
works jointly and severally furnish this House through the relevant committee chairpersons
information with regards to the following:-
1. How many contractors, if any have not been paid?
2. How much if any is the outstanding county Government debt to the said contractors?
3. When does the county Government intend to make good the said debts if any?
Thank you Mr. Speaker Sir.
Speaker: I thank you Honorable Members, before me, I have a question 14/4/2016 directed
severally to Finance seeking answers pertaining the contractors payment on roads and I direct
now those failures department named to furnish this House with answers to this question within
30 days through the Office of the Clerk
Next item on the Order Paper?
Question no.015/2016 by Hon Samuel Yator.
Mr. Speaker Sir,
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I beg to read the following statement as follows;
Under the Departmental committee for Agriculture
Question to the executive committee member in charge of Agriculture
Mr. Speaker Sir,
Could the County Executive Committee member for Agriculture provide the respective House
Committee with the following:-
1. Whether the County Government has in stock subsidized fertilizer for 2016 planting
season?
2. When the said commodity shall be distributed out to farmers
Thank you Mr. Speaker Sir.
Hon Yator: Mr. Speaker, this question, I brought long time ago, today I have seen it again,
Iknow the county government has already issued fertilizer, I stand to withdraw.
Speaker: Thank you Hon. Yator, the question has already been answered. Fertilizer has been
issued, now the question stands withdrawn thank you.
Next item on the Order Paper?
Response to question no.12/2015 by Hon Alfred Weswa.
Speaker: Hon. Majority, is it a response?
Hon. Weswa: Mr. Speaker Sir, it is a response.
Speaker: Go ahead and summarize it.
(READS)
So Mr. Speaker these are the children home that are within Trans Nzoia County
Speaker: Thank you very much hon. majority for the response, Hon. Farid are you satisfied?
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Hon. Farid: Thank you Mr. Speaker, the response is satisfactory. Thank you Mr. Speaker.
Speaker: Thank you very much Hon. Farid, the issue is very important, I give directions that this
answers should be given to Hon. Members so that this House may come up with more answers.
Clerk next item on the Order Paper?
Adjournment by Hon. Alfred Weswa
Hon. Weswa: Thank you Mr. Speaker Sir, because of series of events that are coming, we have
devolution in Meru where this Hon. House has been invited to attend. It is very important
function so I propose the House to be adjournment to Tuesday26th April at 2:30 pm. I propose
Hon. Hillary Kemei Minority leader to second the adjournment. Thank you.
Hon. Kemei: Thank you Mr. Speaker, I rise to second the adjournment until Tuesday 26 th April
2016 Afternoon. Thank you Mr. Speaker.
Speaker: Honorable members, I also wish you a good evening, weekend and safe journey trip to
Afuraha Stadium and Meru. The House stand to adjourn until 26th Tuesday of April 2016
Afternoon.
(Adjournment)
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FIRST ASSEMBLY-FOURTH SESSION
PLENARY SESSION3RD MAY 2016
TUESDAY AFTERNOON SESSION
(Hon. Kuru in the Chair)
(Prayers)
Speaker: Clerk, the first item on the Order Paper?
COMMUNICATION FROM THE CHAIR.
Hon. Milimo: (Point of Order) Mr. Speaker Sir, we don’t have the quorum.
Speaker: Clerk, Can you confirm if there is a quorum?
Mr. Speaker Sir, we have only 8 members, we are missing 5 members.
Speaker: I direct the sergeant at arms to ring the bell for 10 minutes as the honorable House
remains silent.
(Bell rings)
Clerk, confirm if there is a quorum?
Mr. Speaker Sir, there is now a quorum.
Speaker: First item on the Order Paper?
COMMUNICATION FROM THE CHAIR.
Speaker: Honorable Members, good afternoon? We have visitors from National Parliament,
they need to meet us to communicate with them the ideas we feel that we need to be trained
based on our local needs. For those who have not met them, they are in the boardroom and I wish
from here, let’s go and share with them our ideas. Also during previous meeting, we were
communicated to have time frame on the debate on bills. But because the House did not go for a
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Page 82
recess, the timetable will not function and so members who are affected, we are sorry. We will
communicate to them on the amendment of the timetable may be on Thursday.
Next item on the Order Paper?
PAPERS
Trans Nzoia County Government Proposed Budget FY 2016/2017 by Hon. Alfred Weswa.
Speaker: With me Honorable Member, I have a notice from Hon. Weswa requesting Hon. Kitur
to table the report on his behalf.
Hon. Kitur: Thank you Mr. Speaker Sir. Mr. Speaker, I wish to get clarification from your
Chair, because it is clear that in absence of the Majority Leader, the deputy Majority takes his
duty. Not a gain a written latter.
Hon. Nelima: (Point of Order) Mr. Speaker, the issue of latter is not bad. You are right to inform
members that the Hon. Majority is absent. You are informing the House, but not Hon. Kitur.
Hon. Milimo: (Point of Order) Mr. Speaker, I agree with the Hon. Kitur. In the absence of the
Leader of Majority, he assumes to carry the duty as the deputy Majority Leader. Mr. Speaker,
does he need to be confirmed that he is the deputy Majority leader?
Hon. Nyarango: Mr. Speaker Sir, the Deputy Majority has quoted that the County gives him the
duty; it is not also bad to remind him and also the House that he will table on behalf of the
Majority leader.
(Hon. Majority enters)
But in deed I confirm that the Majority leader is in the House.
Speaker: Honorable Members, having both the majority leader and his deputy in this House is a
blessing. Secondly, the Clerk was communicated that the Majority leader will delay and
therefore I don’t see if it is wrong concerning the issue of a latter. I therefore direct Hon. Kitur to
continue.
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Hon. Kitur: Thank you Mr. Speaker Sir; I do apologize to sit here when my boss is around. I
now stand to table the Trans Nzoia County Government Proposed Budget Fy 2016/2017 as
follows.
(Tables)
Speaker: Honorable members, I confirm that the Trans Nzoia County Government Proposed
Budget FY 2016/2017 is now the property of the House. I direct it to the Budget and
Appropriation Committee, unless Hon. Milimo you want to say something?
Hon. Milimo: ( Point of Order) Mr. Speaker Sir, it is that once the proposed budget has been
tabled, it should be directed to sectorial committee and after 21 days, the committees to report to
the house.
Speaker: Thank you Hon. Milimo. I agree on your direction. I thank you for that procedure.
Next item on the Order Paper?
PAPERS
Regulation of County Executive Mortgage and Car loan scheme by Hon. Alfred Weswa
Hon. Weswa: Thank you Mr. Speaker Sir. Mr. Speaker, I had officially delegated to my deputy
and he has the document.
Hon. Kitur: Thank you Mr. Speaker Sir, I stand to table the Paper-Regulation of County
Executive Mortgage and Car loan scheme as follows.
(Tables)
Speaker: Honorable House, I do confirm that I received a document on Paper-Regulation of
County Executive Mortgage and Car loan scheme by Hon. Kitur and because this is based on
finance, I direct it to the committee of Budget and Appropriation.
Next item on the Order Paper?
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MOTION
Guidelines for Registration of Boda Boda in Sacco by Hon. Samuel Yator.
Hon. Yator: Thank you Mr. Speaker Sir, Mr. Speaker, I beg to move the following motion on
Guidelines for Registration of Boda Boda in SACCO
Mr. Speaker Sir,
AWARE that sufficient security and effective transport system have a significant contribution of
the economy of our County,
FURTHER AWARE that Boda Boda Transport have expedited of transportation in Kenya and
more importantly in our County.
CONCERNED that the use of motorcycle within Kitale town has contributed to the increase in
road accidents, traffic snarl ups and crimes.
Mr. Speaker, Sir,
Noting that some criminal use motor cycles to commit crime and flee from crime scene.
Mr. Speaker, Sir,
This Assembly urges the County Government to develop guidelines or regulations requiring all
Boda Boda operators to register with SACCOS for identification of Motor Cycle which will
reduce the dynamics in the Transport and security sector.
Thank you Mr. Speaker Sir
Mr. Speaker Sir, I urge members to support this motion because I know, they use motors cycle,
they have seen and they know what happens. Thank you.
Hon. Kemei: Thank you Mr. Speaker Sir. I rise to second and support the motion on Guidelines
for Registration of Boda Boda in SACCO. Mr. Speaker, this will reduce crises. I remember in
last year, we had recovered cases where we had crime users of these motorcycles. Mr. Speaker, if
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we can start by registering the Boda Boda in places like 50 in Kiminini, 50 in Sibanga so that if a
crime accoured in a place, it will be easy to trance . It is the same way we have SACCOs of
Kangaro, like for Cherengany, Kapenguria and others. I therefore support the motion.
Hon. Kutitila: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to support the motion. Mr.
Speaker, when you read the SACCO, it is not only for the security matter. It also involves
bringing these Boda Boda together. We want to put a measure that every ward should have a
SACCO so that they can improve the way of life. It will also be easy to trace any problem
affecting these Boda Boda. Mr. Speaker Sir, I also want to put out that those wards which are not
benefiting from amount of Boda Boda, should start benefiting. Mr. Speaker, What devolution
means? Devolution means that the money to reach to every person in if in the villages and every
person in devolved should benefit. If Women funds are in the villages, what about Boda Boda
Funds? I therefore support this motion that if passes, first we will reduce the crime, we will
create employment to our people, and also we will be rich. Thank you Mr. Speaker.
Hon. Kitur: Thank you Mr. Speaker Sir. I have been unable to comprehend the motion. It is
speaking on two different issues. Like Mr. Speaker, when it comes to prayer of the motion that
County Government to develop guidelines or regulations requiring all boda boda operators to
register with SACCOS for identification of Motor Cycle which will reduce the dynamics in the
Transport and security sector. Mr. Speaker, is it a policy? When it comes to law, it is very clear
that County Assemblies deals with Policies and Executive deals with Implementation. And when
it comes to criminals it is the Judiciary and that is work of police, not SCCOs. SACCOs deals
with savings. For that reason, unless amendment is done, I retrieve my support to this motion.
Hon. Osiako: Thank you Mr. Speaker Sir, this motion had made me to view on what I
witnessed. Just last night, I left this town at 1:00am. I struggled getting a motor cycle and it was
very dangerous for my life Mr. Speaker. Another instance Mr. Speaker, we had a Boda Boda
who was bitten and was taken by a good Samaritan. In my ward, a young man was knocked by a
vehicle and he was drunkard. He was directed to the theater. Mr. Speaker, if this Assembly
passes this motion, it will help them. It will be a law that guards and reduce accidents.
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Hon. Nelima: (Point of clarification) Mr. Speaker Sir, the prayer is a bit confusing. I think if he
makes a amendments, I think, he could have said like this, if you are going like in Nairobi, you
register like Somewhere. But he is talking about security and SACCO and SACCO means
different thing from security.
Speaker: Hon. Nelima, are contributing or you stood for point of clarification?
Hon. Nelima: I wanted to clarify there.
Hon. Milimo: (Point of Clarification) Mr. Speaker Sir, I know the statements in this motion, I
can say that the motion is not properly put. The intention of the mover is simple, Boda Boda to
be registered. But he had included other things.
Hon. Nyarango: (Point of Order) Mr. Speaker, is it in Order for my learnt friend to start
correcting the motion? The mover of the motion is here, let him tell us. And if the motion is not
properly put, let him take it back and bring when corrected.
Hon. Terry: Thank you Mr. Speaker Sir. Mr. Speaker Sir, when I look at this motion, we have
two things. The Security and the Saving. Is the mover talking of security or saving? Or is it the
Office of Clerk that made a mistake?
Hon. Kemei: Mr. Speaker Sir, let me clarify there.
Hon. Nelima: (Point of information) The Hon. Kemei is not the mover, why does he want to
clarify?
Hon. Kutitila: Mr. Speaker Sir, I don’t know which sentence they are reading. Look at last
sentence, This Assembly urges the County Government to develop guidelines or regulations
requiring all Boda Boda operators to register with SACCOS for identification of Motor Cycle
which will reduce the dynamics in the Transport and security sector. Mr. Speaker, this statement
is self explanatory. Mr. Speaker, when you look at this Boda Boda riders, they are at risk.
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Speaker: You are out of order Hon. Kutitila. Hon. Osiako was on the floor, he has not finished
his contribution unless any Honorable Member stands for point order or point clarification, then
we get back to him.
Hon. Nyarango: Mr. Speaker, there is nothing like giving clarification. This is the motion
brought in the House, now the House is either reject it or pass it.
Hon. Sakong: (Point of information) Mr. Speaker Sir, I want to inform the House that the Hon.
Osiako who was contributing was sleeping.
Speaker: Hon. Sakong, you are using unparliamentarily language. The Hon. cannot sleep, he
was resting his eyes. Can you apologize for that?
Hon. Sakong: I apologize Mr. Speaker. Hon. Osiako was resting the eyes. Mr. Speaker Sir, as he
wake up, he did not tell us his nature on the motion, whether he support or oppose the motion.
He started telling us the accident, walking at night and so other stories.
Speaker: Before Hon. Osiako continues, let me give direction. Honorable House, this motion is
the property of the House. Is either we pass or we reject.
Hon. Osiako: Thank you Mr. Speaker Sir. Mr. Speaker, I am not wrong to give my views
concerning the motion whether using stories or going straight to points. But I am supporting the
motion.
Hon. Nyarango: Thank you Mr. Speaker Sir. Mr. Speaker, I don’t support the motion because of
certain issues being overlooked. Mr. Speaker, we need to be told what SACCO means. As per
my understanding, SACCO is abbreviated term, which means Savings, Accounts Cooperatives.
These are SACCOs that deals with people who saves money and give credits. There is nothing
with security. The issue of security should be left to police but not SACCOs. SACCOSs are for
people who want to do business. Mr. Speaker, I would want to know, where we will paint a
motorcycle to Identify that this is from that SACCO and not that SACCO if this motion pass. It
is impossible; Mr. Speaker, you see this is a very noble idea but cannot apply here. I want also to
say that we have been passing many motions in this House. Some motion which are fine than this
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but nothing has been implemented. Kindly note that as we started passing motion, nothing had
been done. Is like, we are wasting our time. The Office of Clerk has failed us on Implementation;
it has not told us how many motions have been implemented. The Executive have been only
implementing the Budget. Thank you but I don’t support the motion.
Hon. Omondi: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to oppose this motion because
when I read the second last statement; “Noting that some criminal use motor cycles to commit
crime and flee from crime scene.” That one is not related with SACCOs. Look at the last
paragraph; “This Assembly urges the County Government to develop guidelines or regulations
requiring all Boda Boda operators to register with SACCOS for identification of Motor Cycle
which will reduce the dynamics in the Transport and security sector.” This is not even related
with security. Therefore, the motion is not taking us anywhere. This motion is not talking about
Boda Boda security. If somebody runs away with your Boda Boda, how will it relate with
SACCOs? Or how will SACCOs help you to get your Boda Boda? I reject Mr. Speaker.
Hon. Mutuli: Thank you Mr. Speaker Sir. Mr. Speaker, I want to say that this motion is
contradicting. If we talk about SACCOs, it rings in the mind of people about money but not
security. SACCOs means selling Credits. So, this motion be taken back to be reframed.
Hon. Sakong: Thank you Mr. Speaker Sir. Mr. Speaker, I raise to support the motion the way it
is. Mr. Speaker, I have learnt that there are sentences in English which have more than one
meaning depending on how you understand them. Mr. Speaker, when you look at these
sentences. “Aware that sufficient security and effective transport system have a significant
contribution of the economy of our County, Further ware that Boda Boda transport has expedited
of transportation in Kenya and more importantly in our County. Concerned that the use of
motorcycle within Kitale town has contributed to the increase in road accidents, traffic snarl ups
and crimes”. Mr. Speaker, I want to explain how SACCOs reduces accidents and crimes. As
some Matatus, SACCO for Matatu allows there Matatus to appear at day time and do regulates
them at night. It will also apply to Boda Boda. The SACCOs will give the Boda Boda the
number plates so that if a Boda Boda risks to carry you at night and a crime happen to you, you
go to its SACCO and it will be easy to get it.
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(Interruption)
Mr. Speaker, Hon. Nelima is always ready to stand for the point of Order and she doesn’t quote
that point of Order. If she wants to stand, let her quote the point of Order. And I don’t want to be
informed. Mr. Speaker, I was saying, I didn’t expect that Hon. Mutuli who has been teaching
English in School don’t know the meanings of these sentences. I also I want to correct Hon.
Nyarango for saying that the Office of Clerk has not been giving this House the Implementation
motion. It is the Executive to implement but not the Office of Clerk.
Hon. Kisaka: Thank you Mr. Speaker Sir, I stand categorically to oppose this motion. And Hon.
Sakong is using the command of English to mislead the House. SACCOs are for saving and
giving Credits but not Security. Mr. Speaker Sir, to identify a motorcycle, there is number plates.
If you say that SACCO s will help, how? Ether the mover of this motion was given to own.
Hon. Milimo: Thank Mr. Speaker Sir, I would like to thank my colleague here Hon. Kisaka to
clarify on the issue of English. I want to tell my brother Hon. Sakong that looking at this motion,
there no complicated Engilish. In fact the English used here is the simple one. He is the one who
is confused. SACCO deals with Money, and for people to come up with SACCOs, we don’t need
to tell them to register. If you spot a motorcycle committing a crime and highjack it, and then we
intend to Judge, surely whom will we judge? Is the SACCO or the Rider? Matatus are in
SACCO, how many people also use Matatu to commit a crime? And do we intend to follow a
driver or a SACCO? I thought that the mover walked on the road and picked this idea from
pedestrian. I cannot support this motion because Mr. Speaker, if this motion passes, how will we
implement it. I therefore stand to reject the motion because it cannot be implemented.
Hon. Yator: Thank you once more Mr. Speaker. Mr. Speaker, I have come to realize that the
motion had two different things at ago. It is the role of this House to reject or pass it. But Mr.
Speaker, I had a good intension. I don’t think it is good for the Honorable to pick a motion on
road. I urge Mr. Speaker that the Honorable Member to withdraw that statement and apologize.
Hon. Milimo: Mr. Speaker, I stand to withdraw that statement and I apologize.
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Hon. Yator: Mr. Speaker, with me, I urge the House to pass this motion and support it. You can
now put a vote Mr. Speaker Sir.
Speaker: Thank you Hon. Yator. Honorable members, hope the motion has debated adequately,
I now put a question.
Will as many as of the similar opinion that this Assembly urges the County Government to
develop guidelines or regulations requiring all Boda Boda operators to register with SACCOS
for identification of Motor Cycle which will reduce the dynamics in the Transport and security
sector say Ay?
Will as many as of the contrary opinion say Nay?
The Nays have it
Next item on the Order Paper?
MOTION
Equipping County Health Facilities by Hon. Were
Speaker: Honorable Members, we have a motion to be tabled by Hon. Were but the he is not
around. I therefore refer it to House Business for another time allocation because the mover is
not around.
Next item on the Order Paper?
Honorable Speaker, there is no other business on the Order Paper.
Speaker: Having no other Business to discuss, I therefore adjourn the House until 4 th
Wednesday in the morning
(Adjournment)
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FIRST ASSEMBLY-FOURTH SESSION
PLENARY SESSION
4TH MAY 2016
WEDNESDAY MORNING SESSION
(Hon. Kuru in Chair)
(Prayers)
Speaker: Clerk, First Item on the Order Paper?
COMMUNICATION FROM THE CHAIR.
Speaker: Hon. Members, welcome to this morning session. As a reminder you should always
walk around with documents on our trip to Rwanda. If you don’t have, you can consult Mr.
Musando. For elected members, you are requested to hand over ward expenditures for the May
June 2015.
Next item on the Order Paper?
MOTIONS
Allocation of business spaces for persons with disabilities by Hon. Laban Wanyonyi.
Speaker: We have the motion on Allocation of business spaces for persons with disabilities by
Hon. Laban Wanyonyi
Hon. Maling’a: As always the Speaker is assumed to be blind. Mr. Speaker sir, we have no
quorum and our deliberations will be un procedural if we continue with the debate.
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Speaker: Can the clerk confirm if we have no quorum?
Mr. Speaker, we have no quorum.
Speaker: Let the bell be rang for ten minutes. In the process, we remain seated (Afterwards) Can
the speaker confirm whether ten minutes are over?
Mr. Speaker, we still have two minutes and there is no quorum but we can continue.
Speaker: We have not raised the quorum, we may have quorum within the two minutes. Clerk,
how many members to we need to meet quorum?
Clerk: We are less by one.
Speaker: May be before I adjourn the house for lack of quorum, Hon. Kutitila want to say
something?
Hon. Kutitila: Ia m not on a point of order Mr. Speaker. My request is that we can continue
because of the urgency of the matter. We can start and continue.
Speaker: I over rule that in accordance with SO 13. We shall be out of order if we continue.
What is it majority leader, I can see you are standing up?
Hon. Weswa: Mr. Speaker Sir, I think we can allow for five minutes
(Hon. Angeline Too walks in)
I think we now have the quorum
Applause)
Speaker: Clerk, the first item on the Order Paper?
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Motion on allocation of business for persons with disabilities by Hon. Laban Wanyonyi
Speaker: Can the clerk confirm if the said member is in the House of if he had any
communication.
Mr. Speaker, we have no communication and the member is not present.
Speaker: Honorable House, the motion is dropped and referred to the House Business
Committee for time re-allocation.
Next item on the Order Paper?
MOTION
Erection of bumps along Lions Road by Hon. Simon Toroitich.
Hon. Torotich: Mr. Speaker, I beg to the motion on Erection of Bumps Along Lions
Road. Mr. Speaker,
Mr. Speaker Sir,
AWARE that so many accidents happen along lions Road (between Kitale district junction and
the Aturkan Hotel junction) causing deaths and injuries almost on a weekly basis.
FURTHER AWARE that the stretch is straight, narrow and with heavy traffic especially in the
mornings and evening.
FURTHER AWARE THAT is a highway and falls within the mandate of the national
government.
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DEEPLY CONCERNED that it is our people, our friends, families, neighbors, our business
people who die on these roads as we watch and do nothing it is the people we know and interact
with on a daily basis that perish on this road.
By resolution of this house, the county government to immediately erect bumps on this road and
also Mark it as a black spot to caution and prevent further accidents on the road.’’
Mr. Speaker, the road has become a deathbed to many users not only for Trans – Nzoia residents
but the neighboring counties like West Pokot , ELgeyo Marakwet, Uasin Gishu, Turkana and
also Southern Sudan. The road is a threat and a nightmare to our electorate who are mentally
suffering daily. God forbid, Mr. Speaker, tomorrow it might be you or me. We have lost our dear
ones and property altogether. I understand the matter falls under the National Government but
we cannot sit and watch our people and property destroyed. I remember the member for Bidii
brought a similar motion and we differed because of the same reason. Since then five lives have
been lost there. The County Governments put up toilets in school and issue bursaries and yet this
falls under the National Government. We can’t wait to suffer more. The same can be done and
bumps put up. It affects all of us. It is the cheapest and easiest way to save our lives. One of
Scholar Albert said will not live to see destruction while we die but do nothing to see others’
lives saved.
Hon. Kutitila: Thank you Mr. Speaker. I support the motion and that is why I was opposed to the
adjournment. God knows, that is why Hon. Angeline Too walked in to form the quorum.
Recently a lady and a cyclist died there. We can’t sit and watch. We can assist where necessary.
In my Sikhendu Ward, people used to die near the bus park. We put temporal bumps. (Laud
consolations’) Mr. Speaker, there is a lot of noise.
Speaker: It is noted. You can consult lowly.
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Hon. Kutitila: The community just woke up one day and put temporary pumps before the
highway authority came up with permanent ones. As a county we can do that and expand the
road. After this motion has passed, we can expand the road and put up pumps now that we have
our own machines. We should safeguard the lives of our people and travelers I support the
motion.
Hon. Angeline: Thank you Mr. Speaker for giving me opportunity to also contribute. I am sorry
for coming late although I saved the situation for the quorum. It is a good motion. As a user of
the road to my home, there is need to expand the road to curb the accidents and congestion of
motorbikes. The two governments can co-ordinate and collaborate in putting up bumps on the
road. I remember the motion by Hon. Bernadine Omondi of requesting the cutting of dangerous
tree on the road. The Executive has done nothing. It seems anything important we pass in this
House is not implemented. The protruding trees are posing a danger to our people. Something
must be done. Many motions could have been turned into Bills if they had been implemented. At
the ward level, people think we are not working. This one should be taken seriously. For how
long are going to cry?
Hon. Nangekhe: Thank you Mr. Speaker, I rise to support. Roads fall under the planning
Committee and the mover is the MCA of the area. Sometimes when am being driven along the
road, I have to alight because of fear. We have to emulate Hon. Kutitila and take action. A boy
died there and he was forgotten. Who will protect our people; only God and we know? We must
take a different way. The mover has the mandate to call us together with the media so as we can
put up the bumps. If that is the way, let it be. How many motions have we passed here? The
secret is for us to go to Sikhendu way.
Hon. Osiako: Thank you Mr. Speaker sir, I support the motion. In my ward, I have lost not less
than three people. The old man who sired our Governor died there. A girl also died there. I
support Hon. Angeline that we erect the bumps ourselves. We have power saws. We will also do
the same to the dangerous felling trees.
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Hon. Munene: Asante sana Bwana Spika. Mimi mwenyewe nilipoteza mpiga kura wangu hapo
na wabunge wengi hutumia barabara hii. Tutapata njia mwafaka kwa ushirikiano. Kule kwetu
Kachibora tulifanya hivyo na Mbunge wa Cherangany akahidi kutuunga mkono. Mpaka wa leo
hajafanya hivyo. Njia pekee ni twende pale na tushirikiane.
Hon. Toroitich: Mr. Speaker, I lack the words to express my gratitude to members who have
knowledgably contributed to this enormous motion. In life you have three stages – one is when
you are born, two is when you make the right decision and three is when you make the right
decision for the lives of other people. Today, I thank you for doing that as I believe the motion
will sail through.
Speaker: Honorable members, a now put a question for vote.
Will as many as of the similar opinion that the county government to immediately erect bumps
on this road and also Mark it as a black spot to caution and prevent further accidents on the road
say Ay?
Will as many as of contrary opinion say Ney?
I direct that the chairs of Transport and Implementation tracks up the motion and reports to this
House the progress.
Next Item on the Order Paper?
Mr. Speaker Sir, there is no other item on Order Paper.
Hon. Weswa: Mr. Speaker, we have many issues including the issuing of bursaries now that the
Chase Bank has been re-opened. We also have the issue of the Rwanda trip where the senate
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Page 97
committee wants an update. I move that we adjourn up next Tuesday at 2.30 PM. I ask the
minority leader to second me.
Hon. Kemei: I stand to second because of the many activities before us.
Speaker: The motion of adjournment has been made and seconded in accordance with SO 49
that the adjournment is made without notice. I call for brief comments
Hon. Munene: Asante Bwana Spika kwa fursa hii . Ni wakati sasa wa kuwafanyia kazi watu
wetu wa Trans- Nzoia. Tunataka kuwasaidia vijana na wamama ili iwe afueni kwa wazazi
kulipa karo za shule.
Hon. Angeline: Mr. Speaker, I support the adjournment. For me, am supposed to be in the ward
issuing out bursaries. We may not even have quorums if we have to serve two masters at ago.
Even now my mind is elsewhere. I was not in the house yesterday and I don’t know if the budget
proposals were brought in.
Hon. Nangekhe: I support the adjournment. There is communication breakdown and I blame
your office. I stayed away knowing the House was on recess and even the Hansard can prove it.
For the Rwanda issue, let the welfare Committee do its work. We may not have the Rwanda trip
documents. The Leader of Majority should protect the House.
Hon. Mutuli: Thank you Mr. Speaker. First, I must say thank you for the adjournment. In the
education department, there was confusion on the distribution of bursary cheques. For the
gender, the Executive used dubious means of disbursement of the cheques which could have
been given out immediately at the ward levels.
Hon. Yator: Thank you. I support the adjournment. The House is supposed to be on recess. Our
mandate is threefold- representation, legislation and oversight. I want to adjourn the House.
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(Loud consultations)
Mr. Speaker, protect me.
Speaker: I will protect you but you have no mandate to adjourn the House.
(Laughed)
Hon. Munene: (Pointing at broken chair seated on by Hon. Philip Sakong)
Kuna Mambo hapa. Hivi viketi kila siku vinavunjika. Pengine Mheshimiwa. Sakong aliyetoka
nje ameuumia.
Speaker: Noted. The Clerk’s office will take care
Hon. Omondi: I stand to support the adjournment but I thought after the tabling of the budget
estimates we were to go for long recess and yet the majority leader is telling us to come back
next Tuesday.
Speaker: Hon. Members, I can now put a vote.
Will as many as of the similar opinion that the House go for a temporary adjournment because of
the activities that are a head say Ay?
Will as many as of the contrary opinion say Ney?
The Ays have it.
Honorable Members, the house stands adjourned until Tuesday 10 May at 2.30 Pm
(Adjournment)
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FIRST ASSEMBLY-FOURTH SESSION
10TH MAY 2016
TUESDAY (AFTERNOON SESSION)
(HON. SPEAKER IN CHAIR)
(PRAYERS)
Speaker: Clerk, first item on the Order Paper?
COMMUNICATION FROM CHAIR.
Speaker: Honorable Members, I have some communication to make. First, as I tried to
communicate with House Business Members Committee today, I met CRA( County Revenue
Allocation) at Utalii to harmonize the budget of our Assembly and the budget was successful.
So we are likely to plan well in our next Financial Year. Secondly, I have been given a timetable
of Bills deliberation when we adjourn for recess. We will have the meetings with the sectorial
committees that have bills. Third, in respect to the budget, we also have sectorial committee to
discuss. Once the Budget has been tabled, the sectorial committees need to go through it.
Honorable Members, what came out when I was in Utalii college was very clear that this money
should be used strictly for the functions of the Assembly. Forth, Honorable Members, however,
as you know, for almost the last three years, salary has been paid by the Executive and Credit
money is with them. So I request you to support me to push so that we can have that credit.
Lastly am requesting those members who have not signed the court of conduct to come to my
office to sign.
1. Hon. Philip Sakong
2. Hon. Edward Kitur
3. Hon. Rose Maling’a
4. Hon. Mathews Nyarango
Immediately, when we finish, let them accompany me to fill those forms.
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Next item on the Order Paper?
PAPERS
County Government Budget implementation Review Report First Half FY 2016 by Hon.
Alfred Weswa.
Hon. Weswa: Thank Mr. Speaker Sir. Mr. Speaker, I want to table the report of County
Government Budget Implementation Review Report First Half FY 2016.
(Tables)
Speaker: Honorable Members, before me I have a report of County Government Budget
implementation Review Report First Half FY 2016 tabled by The Majority Leader Hon. Alfred
Weswa which I hereby refer to the committee of Budget & Appropriation. However, I want to
add something. I state categorically that this report touches on use of finance and I have been
sending many items to this committee. As you know, this House performs through committees. It
is only the committee that report to this House after completing their tasks given. I am urging the
said committees to make an effort to bring back the reports. I also urge Hon. Kitur, the
Chairperson of PAIC Committee to bring reports tasked by this House. We were asked at the
senate, why the committee has not finished interrogating the report of the Executive and we were
unable to answer.
Next item on the Order Paper?
PAPERS
Progressive report of labor & social Committee on employment & welfare of workers in
ADC farms by Hon. Gilbert Kitiyo.
Hon. Kitiyo: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to table this Progressive report of
the welfare of workers in ADC farms.
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PROGRESSIVE REPORT OF LABOUR & SOCIAL SERVICE COMMITTEE ON
EMPLOYMENT AND WELFARE OF WORKERS IN ADC FARMS
FORWARD
Mr. Speaker Sir,
This is the Progressive report of labour & Social Service Committee on Employment and
Workers Welfare in ADC Farms-(Japata, Chorlim, Sabwani, Chepchoina and Olingatongo) in
Trans Nzoia county Chepchoina, Endebess and Kapomboi Wards.
The committee held its sittings on 5th April 2016 and planned on arrangement to lay strategies
and the blue print on how to approach these employment and workers welfare issues in the ADC
farms
MANDATE
Mr. Speaker Sir,
The establishment of this Committee is guided by Standing Order 191 on Sectorial Committee
which gives the committee power to:-
1) All matters relating to labour, trade union relations.
2) Manpower or human resource planning
3) Gender, Culture and Social Welfare
4) Youth, National youth service and Children’s welfare
5) National Heritage, Betting, lotteries and sports
Mr. Speaker Sir,
Chapter 4 article 29 (c) of the constitution of Kenya 2010 states that:-
Every person has the right to freedom and security which includes the right
Not to be:-
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a. Deprived of freedom arbitrarily of without just cause
b. Subjected to any form of violence from either public or private sources
c. Subjected to torture in any manner whether physical or psychological and articles (30) -
Slavery, Servitude and forced labour (a) a person shall not be required to perform forced
labour
Mr. Speaker Sir
Article Section 21 (1) and (3) of the constitution of Kenya 2010 states inter alia.
21 (a) it is the fundamental duty of the state and every state organ to observe, respect, protect,
promote and fulfill the rights and fundamental freedom in the bill of right
(3) All states organs and all public office have the duty to address the needs of vulnerable
groups within society, persons with disabilities, youths, person’s members of minority or
marginalized communities, and members of particular ethnic religious or cultural communities.
Mr. Speaker Sir,
The constitution of Kenya 2010 gives this House enough constitution powers to institute court
proceeding claiming that a right of fundamental freedom in the bill of right has denied, violated
or in fringed, or threatened.
The spirit of Authors of the constitutions of Kenya 2010 trickles down the County Government
Act by giving Assemblies and its Committees adequate powers to ensure all citizens to enjoy the
right of life with no human violation.
INTRODUCTION
With such glaring directions and complains brought in this House by the Area MCAs of the
alleged citizens over the employment status and harassments from their employer, my
committee felt that it is its duty to investigate, inquire into and report on this matters relating to
its mandates and make reports and recommendations to this Honorable House
COMMITTEE MEMBERS
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Mr. Speaker Sir
The following are committee Members as it has been constituted by this House and who were
present during the exercise.
1. HON. GILBERT KITIYO CHAIRPERSON
2. HON. JANE TALAM VICE/CHAIR
3. HON. EDWARD KITUR MEMBER
4. HON. DAVID KISAKA MEMBER
5. HON. DAVID KABOLOMAN MEMBER
6. HON. MATHEWS NYARANGO MEMBER
7. HON. EVERLINE NELIMA MEMBER
8. HON. ANGELINE TOO MEMBER
9. HON. PATRICK KISIERO MEMBER
10. HON. EMMANUEL WASWA MEMBER
11. HON. JAPHETH WAMBALABA MEMBER
12. HON. MAGDALENE TUWEI MEMBER
13. HON. HILARY KEMEI MEMBER
14. HON. VICTOR OSIAKO MEMBER
15. HON. LABAN WANYONYI MEMBER
16. HON. MILKA SAIDI NANGEKHE MEMBER
17. HON. SAM B MUTULI MEMBER
18. HON. ELIZABETH BIRGEN MEMBER
19. HON. STEPHEN KURU MEMBER
20. HON. JOHN. LIKOVELE MEMBER
21. HON. SAMUEL YATOR MEMBER
SITTINGS
Mr. Speaker Sir,
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The committee held its sittings in the Assembly Boardroom on 26th March 2016 and physically
visited these ADC farms on 8th April 2016 to collect the evidence with the following secretariat
Staffs:-
1. COLLETA KISIKA DEPUTY CLERK
2. ABRAHAM WALUBENGO SENIOR CLERK
3. JOSHUA KASEMBELI HANSARD REPORTER
4. ERICK OMONDI COMMITTEE CLERK
5. AUDREY WAFUBWA AG. COMMITTEE CLERK
6. EGLAH MAGOMA AG. COMMITTEE CLERK
7. BENTAH BOKOSE SERGEANT AT ARMS
8. ALPHINE KOITABA AG COMMITTEE CLERK
9. EVANS WANJALA DRIVER
FINDINGS/OBSERVATIONS
Mr. Speaker Sir,
Based on above task, the committee visited two ADC farm Chorlim and Japata farm as a sample
of the other ADC farms and came up with the following findings:-
1. Workers in the ADC Farms are not paid as with their agreements with their employers. In
Japata Farm, the last time they were paid was in last year September.
2. The workers are paid a minimum of Ksh 203 Shillings per day which is low and even this
salaries is converted to maize, they are given 6 tins of two kg per week which is charged
more than the market rate.
3. Workers in the ADC Farms work in harsh environment. During the time of cultivation,
and time of harvest, they are forced to wake up early at 5: 00 am to work on ADC farm
without protective clothes
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4. The ADC Workers leave in pathetic environment, Mr. Speaker, if I can describe these
places to bring a vivid picture I can start by saying that “the place is a marvel of small,
heaped houses raised jauntily on groundsel and arranged on rows. There bath for men and
women are with perpetual stench of disinfectant pervading air. They don’t have latrines
or toilets; they go to a round bush. They are denied the right to construct the latrines in
those farms. Mr. Speaker, these people are denied
The Act of constitution 2010 article 42 which interlia:-every person has the right to leave
in a clean and healthy environment which include the right to
(a) Have the environment protected for the benefit environment of present and future
generation through legislative and other measures, particulars contemplated in
article 69 and to have obligations relating to the environment fulfilled under article
70.
5. The strength of article 33-(1) (a) freedom to seek, receive or impart information or ideas
is totally denied. The workers leaves in a threatened environment being intimidated
harassed by their employers. They are warned not to share their challenges and problems
to us, in fact when we were at the Japata administration, nobody talked to us until we
went to their homes and had opportunities to talk to them.
6. The workers have worked in the farms for more than 20 years and yet they are not
allowed to plant maize. They are only allowed to plant beans and vegetable on the small
farms.
7. The children are forced to go to work on the farms during school day, the committee
made a brown skinned girl, who told the committee that during harvesting time, they are
waken up at 5:00 am before going to school and taken to the farm with that bitter
weather.
8. No motivations are given to these workers apart from lunch of maize and spread beans
when they work for extra time.
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9. The retired workers have not been given their pension dues. One old man who feared to
reveal his name told the committee that he has worked in ADC farm for more than 50
years and he retired in the year 2001, the ADC farm owed him more than Kshs. 100,000
shillings and up to now he doesn’t know where to go.
10. The ADC doesn’t bury their departed ones on their farm. The family will at least look for
the relative who has the land and go to bury them if not, they dumb the corpse in the
rivers.
11. Besides that, these farm don’t support the deceased family even in the time of funeral, for
instance, in Japata, the committee attended the funeral of retired elderly woman who had
died due to psychological torture, the body was laid on the floor of a round grass thatched
house, 5 fits in height with windows covered by old baskets. The deceased family told the
committee that their employer ( ADC Farm ) has contributed the food of 8 tins of two kg
as their support.
12. The managers of these ADC farms deliberately failed to meet the committee even after
receiving a notice through their regional managers’ office.
CONCLUSION
Mr. Speaker Sir,
Justice delayed is justice denied, every single day that this Assembly delays to accomplish the
recommendation of this report, will be denying these innocent citizens their right in
Chapter 4 article 29 (c) of the constitution of Kenya 2010 status that:-
Every person has the right to freedom and security which includes the right not to be :-
d. Deprived of freedom arbitrarily of without just cause
e. Subjected to any form of violence from either public or private sources
f. Subjected to torture in any manner whether physical or psychological and
Article (30) - Slavery, Servitude and forced labour
- (a) a person shall not be required to perform forced labour
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RECOMMENDATIONS
Mr. Speaker Sir,
The committee strongly recommends that:-
1. The Managers of these ADC Farms with their regional Manager be summoned to appear
before this committee for further explanation.
2. Then the committee be facilitated to go and compile a full report on the above as soon as
it may be deemed fit by this Honorable House
Mr. Speaker Sir,
This progressive report has been compiled by the following committee members:-
1. HON. GILBERT KITIYO CHAIRPERSON -----------------------
2. HON. JANE TALAM VICE/ CHAIR ------------------------
3. HON. EDWARD KITUR MEMBER ---------------------------
4. HON. DAVID KISAKA MEMBER --------------------------
5. HON. DAVID KABOLOMAN MEMBER ------------------------
6. HON. MATHEWS NYARANGO MEMBER --------------------------
7. HON. EVERLINE NELIMA MEMBER --------------------------
8. HON. ANGELINE TOO MEMBER ---------------------------
9. HON. PATRICK KISIERO MEMBER ---------------------------
10. HON. EMMANUEL WASWA MEMBER ---------------------------
11. HON. JAPHETH WAMBALABA MEMBER ---------------------------
12. HON. MAGDALENE TUWEI MEMBER ---------------------------
13. HON. HILLARY KEMEI MEMBER ---------------------------
14. HON. VICTOR OSIAKO MEMBER ---------------------------
15. HON. LABAN WANYONYI MEMBER ---------------------------
16. HON. MILKA SAIDI NANGEKHE MEMBER ---------------------------
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17. HON. SAM B MUTULI MEMBER ---------------------------
18. HON. ELIZABETH BIRGEN MEMBER ---------------------------
19. HON. STEPHEN KURU MEMBER ---------------------------
20. HON. JOHN. LIKOVELE MEMBER --------------------------
21. HON. SAMUEL YATOR MEMBER ------------------------
22. HON. GEORGE MASIKA AREA MCA ------------------------
Thank Mr. Speaker; I call Hon. Jane Talam to second.
Hon. Talam: Thank you Mr. Speaker, I stand to second the report.
Speaker: Thank the Hon. for Kinyoro for this Wonderful report and Hon. Talam for seconding.
From the way, I see it is a progressive report, can I give you a go ahead that you complete the
report. You go further to give a full report.
Next item on the Order Paper?
PAPERS
Report by the planning, Trade and Tourism Committee on population steady increase
within Kitale Town by Hon. Andrew Kutitila.
Hon. Kutitila: Thank you Mr. Speaker. Mr. Speaker, I stand to table the report on population
steady increase within Kitale Town.
REPORT BY PLANNING, TRADE AND TOURISM COMMITTEE ON POPULATION
STEADY INCREASE WITHIN KITALE TOWN
INTRODUCTION
Mr. Speaker Sir; the members of my committee are as follows;
1. Hon. Andrew Kutitila…………………………….……Chair
2. Hon. Teresa Masibo………………………..................Vice Chair
3. Hon. Angeline Too…………………..............................Member
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4. Hon. Kaboloman………………………………………Member
5. Hon. Edward Kitur…………………………..............Member
6. Hon. Francis Were……………………………………Member
7. Hon. George Masika……………………………….…Member
8. Hon. Joel Milimo………………………………………Member
9. Hon. Mathews Nyarango……………………………..Member
10. Hon Patrick Kisiero…………………………...............Member
11. Hon. Samuel Yator……………………………………..Member
12. Hon. Simon Makhanu……………….………………...Member
13. Hon. Stephen Kuru………………………..…………...Member
14. Hon. Victor Osiako…………………………………….Member
15. Hon. Hillary Kemei……………………………………..Member
16. Hon. Alfred Weswa…………………………………....Member
17. Hon. David Kisaka…………………..………………....Member
18. Hon. Naomi Okul………………………………...……..Member
19. Hon. Farid Mohammed……………………………..…..Member
20. Hon. Japheth Wambalamba…………………………….Member
21. Hon. Betty Chemtai………………………………………Member
The Secretariat:
MOSES WANYONYI…………………………...A/G COMMITTEE CLERK
VALERIE KISAKA……………………………..COMMTTEE CLERK
ABRAHAM WALUBENGO…………………….SENIOR CLERK
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Mandate of my committee
The planning committee deals with all matters related to county planning and development
including statistics ,land survey, and mapping ,boundaries and fencing ,housing and electricity
and gas reticulation and energy regulation; trade development and regulation, including markets
,trade licenses (excluding regulation of professions),fair trading practices ,local tourism and co-
operative societies.
Findings of the committee
Mr. Speaker Sir, pursuant to your ruling dated 6th May 2015, in regard to population steady
increase in Kitale town, that the planning committee is required to give a report back to the
house. I would like to state as follows;
The following are the findings of the report;
There is a lot of congestion in Kitale town which cannot be sustained
Due to increase in population in Kitale town there is need to restructure the town in order to
meet the emerging settlement needs and also the county government needs to come up with a
development and expansion plan that will cater for the changing needs of the town.
.It was also noted that there is a lot of land in Kitale town that is being underutilized, such
landside laying fallow yet it could be used for the town`s expansion.
There is land that has been grabbed by individuals such as railway, agriculture and prison
lands and there are even title deeds to show possession
Recommendations
Mr. Speaker Sir, the following are the recommendations that my committee came up with:
That the municipal market be demolished and a storey building need to be put in place to
control the steady increase in population.
That there should be measures put in place to control the ownership of land in the central
business district in Kitale town.
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That a bill will be brought to the house to enable the county government of Trans-Nzoia
to reclaim land that has been grabbed, so that it can be used for the town`s expansion.
The C.E.C Lands needs to liase with the national government to give proper procedures
on how to reclaim grabbed land.
Conclusion
Mr. Speaker Sir,
My committee concluded that the C.E.C Economic planning should present to the committee a
town development/expansion plan, for analysis.
Thank you.
Planning Committee.
Mr. Speaker Sir, this is the report on motion on steady Increase in Kitale town. I beg to table.
(Tables)
Speaker: Thank you Hon. Kutitila. Can you appoint somebody from your committee to second?
Hon. Kutitila: Mr. Speaker, I request my Vice Chair Hon. Terry Masibo to second.
Hon. Masibo: Thank you Mr. Speaker, I stand to second the report as it has been read by My
Chairman.
Speaker: Honorable Members, with me I have the report on population steady increase within
Kitale Town by the Hon. For Sikhendu and seconded by Hon. Terry the vice.
Hon. Kutitila: Mr. Speaker, I wanted to elaborate something on this report. There is a lot of
land which has been grabbed, .that is why we want a bill to help us controlling these grabbed
land. Secondly, we have the railway land which is just idle. They are just keeping the land for
nothing. Mr. Speaker, if this county comes up with a good policy, we can expand our town.
Speaker: Thank you Hon. for Sikhendu. The report is now free to debate.
(3 minutes passed without contribution)
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Hon. Milimo: Thank you Mr. Speaker, I first stand to agree that this is a true report of my
committee. I am part of the report and maybe I want other members who are not of this
committee to say something.
(Another 3 minutes passed without a contribution)
Speaker: Honorable members, you know this is a very tangible area and I would like the report
to be postponed and distribute to the members to exhaustively digest it before we debate. Hon.
Farid unless you want to say something.
Hon. Farid: Yes Mr. Speaker I want to agree with your directions that the report be postponed
so that when we come back, we deliberate on Jubilee angle of thinking.
Speaker: Honorable Members, I now postpone the report to be debated on the next sitting. All
members to have copies.
Next item on the Order Paper?
PAPERS
Report by the planning, Trade and Tourism Committee on the Land Grabbing at Yuya
Market Center by Hon. Andrew Kutitila.
Hon. Kutitila: Thank Mr. Speaker Sir and I pray that this report should not postpone like the
previous one. Mr. Speaker. I beg to read now the report the on the Land Grabbing at Yuya
Market Center.
REPORT OF PLANNING, TRADE, TOURISM AND CO-OPERATIVES COMMITTEE
ON THE LAND GRABBING AT YUYA MARKET CENTRE .
INTRODUCTION:-
Mr. Speaker Sir,
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This is the report of Planning, Trade, Tourism and Co-Operatives Committee on issue of land
grabbing at Yuya market centre.
The committee sat and discussed the matter with the CEC Lands, Urban planning and Industry
and her Chief Officer on the 10th of March 2016.
Mr. Speaker Sir,
The following are the members of the committees as constituted by this Honorable House and
who were present:-
1. HON ANDREW KUTITILA……………CHAIRMAN
2. HON TERESA MASIBO………………V/CHAIR
3. HON DAVID KISAKA………………….MEMBER
4. HON JOEL MILIMO……………..……..MEMBER
5. HON PHILIP SAKONG…………………MEMBER
6. HON FARID MOHSEN.…………………MEMBER
7. HON BETTY KIPSONGOK……………MEMBER
8. HON.MATHEWS NYARANGO……….MEMBER
9. HON VICTOR OSIAKO...……………….MEMBER
10. HON BERNADINE OMONDI………….MEMBER
11. HON PATRICK KISIERO……………..MEMBER
12. HON SAM B.MUTULI……………… …CO-OPT MEMBER
13. HON SAMUEL K. YATOR…………….MEMBER
14. HON HILLARY KEMEI…………….…MEMBER
15. HON ALFRED WESWA…….……..….MEMBER
Mr. Speaker Sir,
The in-attendants were;
1. ELIZABETH NYONGESA………..C.E.C LANDS, HOUSING & URBAN
PLANNING
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2. LINEKA N. BWILE………………C.O LANDS, HOUSING &URBAN PLANNING
Mr. Speaker Sir,
The secretariat staffs were;
1. JOSHUA KASEMBELI……………….HANSARD REPORTER
2. COLLETA KISIKA……………………D/CLERK
3. VALERIE KISAKA……………………..COMMITTEE CLERK
4. MATHEW WANYAMA……………....S.A.A
MANDATE OF THE COMMITTEE
The planning committee is one of the Sectoral Committees contemplated under Standing Oder
191 and is provided for under Second Schedule to the Standing Orders of the County Assembly.
This is the committee mandated to deal with, among other issues, All matters related to County
planning and development, including statistics, land survey and mapping, boundaries and fencing
housing and electricity and gas reticulation and energy regulation; trade development and
regulation, including markets, trade licenses (excluding regulation of professions). Fair trading,
practices, local tourism and cooperative societies.
Mr. Speaker Sir,
Following a ruling of this honorable house delivered on the 25thday of February 2016, on a
question presented by Hon .Sam Mutuli about the market land at Yuya that had been grabbed by
individuals, and the issue was further directed to the planning committee to seek answers from
the CEC Lands and give back a report to this house.
In regard to this, Mr. Speaker Sir, my committee invited the CEC of Lands and Urban Planning
together with her Chief Officer to give a response to the matter.
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FINDINGS
Mr. .Speaker Sir,
The CEC Lands and Urban planning Mrs. Elizabeth Nyongesa explained that Yuya is a
cooperative farm, it measures about one acre ,she was aware that the said land had been
encroached and she had ascertained that herself because she had been on the ground. She also
stated that her office had carried out investigations and found out that;
People who had encroached on the market land and had bought the said land without
knowing that it belonged to Yuya market.
The victims possessed valid agreements that show that the land had been sold to them by
the cooperatives officials and stamped by the provincial administration.
She also stated that the National Land Commission is the one that is mandated to recover
lost land, or land that has been grabbed .Cases of Land like those of ,Agriculture
,Prisons, ADC have all been forwarded to the National Land commission for them to
work on repossession.
The C.E.C also said that through her office, they had put an advert in the papers
requesting Trans-Nzoia county residents who own or posses any kind of property to
present to the office their allotment letters and title deeds, to enable them to keep a
record.
The chief officer in her oral submission stated as follows;
That this matter (Yuya market centre) had been received and taken up last year -2015 and
investigations had been ongoing. They had been on the ground on Tuesday date
01/03/15.where they were able to meet the victims who furnished them with more details.
That their office confirmed that indeed plot number 148 belonged to the government
therefore it was a public utility.
There were five homesteads that had been erected on part of the property.
During their interaction with the victims they informed the victims that the land they had
been sold to belonged to the government and that they would be evicted.
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The victims were also assured that the officials who sold that land to them would be
prosecuted in court and compelled to compensate the victims.
That the only way they could help the victims is for them to willingly vacate the land, in
order for the county government to repossess it .Then later on when they re-plan they
may reconsider them.
That they were planning to meet with the officials of the cooperative who are said to have
sold this land that belongs to the market.
RESOLUTIONS
Mr. Speaker Sir, my committee resolved as follows;
That there are several cases of land grabbing in Trans-Nzoia county apart from the Yuya
market centre
That leaders of this generation have failed their people by failing to protect their property
because they are the ones mandated by the government to represent their people, and
thereby protecting the interests of their people.
That the decision that the CEC of lands is going to take concerning Yuya market should
serve as an example to the whole of Trans-Nzoia county .And the same decision taken
should be for the benefit of the residents of Yuya and for future generations.
The CEC Lands should forward the letter written to the National Land Commission to the
committee so that the committee can keep a record and consequently summon the NLC in
cases where they have failed to act as expected.
CONCLUSION
Mr. Speaker Sir, my committee further concluded as follows;
That an eviction order be issued immediately to the people who have encroached on part
of the market land.
That the CEC presents to the committee a full forensic audit report on all public utilities
within Trans-Nzoia County within a period of one month.
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Thank You.
Signature Designation
1. HON. ANDREW KUTITILA……………………………….CHAIR
2. TERESA MASIBO………………………............................VICE/CHAIR
3. HON. ANGELINE TOO…………………..........................MEMBER
4. HON. KABOLOMAN DAVID……………………………..MEMBER
5. HON.EDWARD KITUR……………………………….......MEMBER
6. HON.FRANCIS WERE…………………………………….MEMBER
7. HON.GEORGE MASIKA…………………………………..MEMBER
8. HON.JOEL MILIMO……………………………………….MEMBER
9. HON.MATHEWS NYARANGO…………………….........MEMBER
10. .HON PATRICK KISIERO………………………………..MEMBER
11. HON.SAMUEL YATOR…………………………….……..MEMBER
12. HON.SIMON MAKHANU……………….………………..MEMBER
13. HON.STEPHENE KURU………………………………….MEMBER
14. HON.VICTOR OSIAKO………………………….……...MEMBER
15. HON.HILLARY KEMEI………………………………….MEMBER
16. HON.ALFRED WESWA………………………..………..MEMBER
17. HON.DAVID KISAKA…………………..……………….MEMBER
18. HON.NAOMI OKUL……………………………………..MEMBER
19. HON.FAREED MOHAMMED………………………….MEMBER
20. HON. JAPHETH WAMBALAMBA…………………….MEMBER
21. HON.BETTY CHEMTAI………………………………..MEMBER
22. HON.PHILIP SAKONG………………………………….MEMBER
Mr. Speaker, I like to table.
(Tables)
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Speaker: Thank you Hon. Kutitila for the report. Can you request one member from your
committee to second?
Hon. Kutitila: Mr. Speaker, I request Hon. Yator who is the member of my committee to
second.
Hon. Yator: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to second the report as it has been
read by my Chair the Hon. Kutitila.
Speaker: Honorable Members, with me here is the Report by the planning, Trade and Tourism
Committee on the Land Grabbing at Yuya Market Center by Hon. Andrew Kutitila and seconded
by Hon. Yator. I direct that this report is similar with what we have tabled and it be given time
for members to digest it before it is debated.
Hon. Kutitila: Mr. Speaker, this report is urgent and I request with your due respect, let us
deliberate on it because the Executive are waiting.
Hon. Likovele: Thank you Mr. Speaker Sir, to my thinking, the issue is similar with the other.
We need to have time so that we know what to contribute. The issue of land in Trans Nzoia is
not a joke. So I concur with your ruling.
Hon. Mutuli: Thank you Mr. Speaker Sir. Mr. Speaker, this issue is an emergency. The Chair
has said that we have many issues of the similar but I want to say that this one is specifically for
Yuya. So I request that we deliberate on it. In fact there are facts here, which facts we need.
Hon. Kuru: Thank you Mr. Speaker Sir. First Mr. Speaker, I congratulate the work of the
committee. I also thank Hon. Mutuli for bringing such a question to this House so that we can
deliberate and give way forward. Mr. Speaker, this is just part of what is happening when we
come to issues of land. I feel that with your due respect; let us deliberate on this issue after
digesting it. I know Hon. Mutuli is helping all of us. I request that we be given time.
Hon. Kaboloman: Thank you Mr. Speaker Sir. I also thank Hon. Mutuli for bringing to us this
issue. Mr. Speaker, I am a member of this committee and this is one of the prayers of the
committee, the County Executive Committee for land presented to the committee a full forensic
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Audit report on all public utilities within Trans Nzoia in a period of one month. Mr. Speaker,
since all of us have grabbed land in our various wards; I therefore request that we be given a
forensic Audit report. When you look at it, we have so many public land grabbed, why then start
with Yuya Farm? So I request that the County Executive Committee for lands to bring a forensic
Audit report on grabbed land first.
Hon. Birgen: Asante sana Bwana Spika, namshukuru sana mwenyekiti wa hii kamati kwa
kuandika hii ripoti. Pili namshukuru Mweshimiwa Mutuli kwa kuleta hoja hiii. Tunatoka na yeye
eneo moja na kwa hivyo najua sana kinacho endelea. Na ni hatia sana kufukuza watu wenye
wako na vyeti vya shamba hilo. Bwana Spika, naskia kwamba ni viongonzi ndio wamenyakuwa
shamba hilo. Niliskia wananchi wakisema ni mweshimiwa Mutuli ndiye aliyenyakuwa shamba
hilo. Sasa naomba nafasi uchunguzi ufanyike kwanza. Pengine mheshimiwa anaweza sisitisa
hapa kwamba tupitishe, tupitishe na kumbe ni yeye ndiye aliye nyakuwa.
Hon. Milimo: Thank you Mr. Speaker Sir, Mr. Speaker Sir, according to your early ruling, you
said that this issue carries a heavy weight. But to me, this is a very specific report. People have
grabbed the land of Yuya. I want to urge that the County Executive Committee had made their
effort on what they had done. It is the County Executive Committee for land to make a request to
the land commission on the issues of land. This County Executive Committee for lands wrote to
the Land Commission but had not received the responses. We need to come in and help to get the
responses. But if we say that we wait, I say that the statement of Hon. Kitiyo of Justice delayed is
justice denied will apply here.
Hon. Masibo: Thank you Mr. Speaker Sir, this issue is equivalent to the court judge, because
people are waiting for the resolutions, and you already made your ruling, I don’t know how you
will change.
Hon. Kisaka: Thank you Mr. Speaker. Mr. Speaker, the prayers are only two items.
1. That an eviction order be issued immediately to the people who have encroached on part
of the market land.
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2. That County Executive Committee for planning presents to the committee a full forensic
audit report on all public utilities within Trans Nzoia County within a period of one
month.
I think it will be okay for us to approve the report as we wait the County Executive Committee
for planning to bring a forensic report.
Hon. Sikowo: Thank you Mr. Speaker Sir, I want to concur with Hon. Elizabeth that it is just
difficult to send out people when the land has been grabbed by the leaders. These are people who
are sitting on the land and they have the right documents from land commission. I request that
we need time to look deep into this report.
Speaker: Honorable Members, this is my ruling. Honorable House, this is a report presented in
this House by Hon. Kutitila. This report weighs a lot of matter. In the report, in the opening of
the findings, it says that the County Executive Committee for lands Hon. Elizabeth Nyongesa
told the committee that Yuya is a cooperative farm. Honorable House, as you know, a land
owned by Cooperative is a private land and a private land is not a public land. For me I come
from Sibutwa and Hon. Kitiyo and Hon. Kaboloman can bear witness that Sibutwa land was a
cooperative which means that it is a personal land. It means that if the person has encroached on
a private land, it means the land is not of the public. For you to complain, you have to be a
companied by a lawyer. Secondly, in the same report, the people who purchased land are
innocent. This people have the right documents to own that land. Thirdly, for the mandate of
land commission laws on land. We as the County, we only resort to county commission. The law
says that if you illegally get a public land, you go to jail for 10 years. If you come to the prayers;
1. That an eviction order be issued immediately to the people who have encroached on part
of the market land.
2. That County Executive Committee for planning presents to the committee a full forensic
audit report on all public utilities within Trans Nzoia County within a period of one
month.
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These are two prayers but it carries the weight. The same report says that leaders have failed
us, and we are the leaders. So we need to defend our image. As Hon. Kisaka said that the
resolution are two, but look, they are two but they carry a lot of weight. So I would now
direct that the committee goes to get a forensic report from the Executive of lands. Honorable
members, as you know, your Speaker is the expert when it comes to the land issues and he
will remain to be an expert. You cannot defeat him.
Hon. Kutitila: Mr. Speaker, I want to say that I concur with you. You are very right. But Mr.
Speaker, according to commission land law, it states that even if it is a cooperative land, you
have to set aside for a public land. Like now, if Eldoret Express wants to sell his land there at
Kiungani, he should set aside at least one acre for market. As we said leaders have failed us,
they are the ones who sold this land to these innocent people when they know very well that
land belongs to the public.
Speaker: Hon. Kutitila, you are very right. The law allows to set aside land either for the
market or for the road depending on how much land you have. But here you said it is the
market land and it is the same C.E.C who said that it is a cooperative land.
Hon. Kaboloman: Mr. Speaker, your ruling is final. It is just enough, we don’t have to
debate. And when we do eviction, the eviction comes from the court. We need to have a
lawyer .let your ruling remain.
Speaker: Hon. Mutuli, give us time so that when we pass this, it has points.
Next item on the Order Paper?
Adjournment for recess by Hon. Alfred Weswa (Majority Leader)
Hon. Milimo: (Point of Order) Thank you Mr. Speaker, I have a notice to interrupt the
Business of the House under Article 40, paragraph 1, 2.and 3
(Reads)
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Mr. Speaker, I have one issue. I wish to seek a leave to interrupt the Business of the House
that this House knows the irregularities in the ministry of Education. Mr. Speaker, it has
come to my notice that the teachers, the Caregivers we employed had not been paid for the 7
months. Second, the Chase Bank recovery checks are being refused by the schools and
institution and yet we launched on the disbursement of the bursaries. Third, there is
formation of new bursaries committee without the notice of the elected members and fourth,
the County Executive member for Education and ICT did not inform this House on building
of two modern twin classes. Mr. Speaker, I have been confirmed here by Hon. Kisaka that
this issue of salaries have been forwarded to the Bank and yesterday after holding a meeting
over this issue, some Honorable Members made phone calls telling the Executive that the
motion is going to be moved and I think from the fear, they have decide to send their salaries.
Mr. Speaker, there is a budget we tabled in this House and they have not respected that
budget. Therefore I request that we discuss this issue because it is urgent.
Speaker: Thank you Hon. Milimo. Under article 40
(Reads)
I hereby grant that in respect, the members deliberate on the debate. Any member is allowed
to talk for three minutes only.
Hon. Weswa: Thank you Mr. Speaker. Indeed Mr. Speaker, last week we sought to know the
clarification. The Chase Bank is not honoring the Cheques and as the Government, we
launched those checks officially. Kibabi University and Masinde Muliro University called
me and told me that they don’t honor those cheques. Mr. Speaker, we have to call the
County Executive Committee for Education to come and explain to us. On issues of
construction, we agreed to build 3 classes. But the CECs are constructing two twin
classrooms when we budgeted for 3 classes per school. Also coming on the issues of tutors,
we wanted to hire tutors within our County but they have not respected our wish. What is
inching us much is the CECs has gone ahead and wants to select the committee members of
bursaries in our wards without informing the House. If we don’t come up very strongly, we
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will see our County Executives come up and damage our image. Our prayer is that we stop
bursary committee formation, we stop the construction of twin classrooms and the case of
Chase Bank be owned officially.
Hon. Farid: Thank you Mr. Speaker Sir. this Government has decided to do things in their
way. Last year we were using Eco Bank without these problems. I don’t know why they
changed to Chase Bank. Mr. Speaker, look at the classrooms, we budgeted for 3 classes but
now they are talking of two classrooms and they gave the project to House Co-Operative
finance. Look at these issues of bursaries; they don’t refer to the House. Why all this
diversity? I support this motion. Thank you.
Hon. Sakong: Thank you Mr. Speaker Sir. I support this motion. It is true the Ministry of
education has failed us. But Mr. Speaker, I want to tell this House that I have received
information from Chief Officer Hon. Meng’wa informing me that the cheques are going
through and I can confirm to you. I have the communication, give me 30 minutes from now,
or I make a call to Hon. Mengwa to confirm to you. With other three matters, like
constructions, our local contractors were allowed to construct at the cost of Ksh
700,000/=and now, they have given to I don’t know who?, Hon. Farid knows that term well,
or it is called House Co-Operative finance at 1.5 million. We rolled this issue to the bottom.
Where Mr. Speaker do we want our contractors go to? There are contractors who went at a
loss to make sure that they have a company. With issues of Early Childhood Education
Caregivers, I wonder Mr. Speaker, these Caregivers have been employed for the past 7
months without payment. If you go there, you will meet them begging you Ksh 10 shillings
for a cup of tea. We need to be given a feedback why all these delays. And if they are paid,
are they paid for the 7 months? Otherwise Mr. Speaker, I said that I am a leaner and I am still
learning and I don’t know how I can introduce this as an urgent matter to be discussed under
the Standing Order us Hon. Milimo has brought his issues. Mr. Speaker, the rain that is going
on is doing more damage especially in Matumbei Ward. Many bridges have been swept aside
and some children are now having difficulties to cross when they are going to school. This is
also a matter that we need to give it thought. Mr. Speaker. Thank you.
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Speaker: Honorable House, I hope I ruled that Hon. Sakong is not a learner
The House :( Shouting) He is a slow leaner! Slow leaner.
(Laughter)
Hon. Kutitila: Thank you Mr. Speaker Sir. I think Hon. Sakong is a slow leaner. Mr. Speaker,
this Morning, the principal of St. Teresa called me and told me that the cheques are not being
honored. Even the manager of Kenya Commercial Bank has refused to Honor them. I don’t
know why only Matumbei cheques are being accepted? I also propose that we need to tell the
County Government to appoint another County Executive Committee member for Health and
leave Hon. Kogo in the ministry of Education. Hon. Kogo is equipped with Education but having
two ministries, is like a burden to him and that why he is not performing. On the issues of
Bursaries, I think Mr. Speaker, we need a good clarification because people on the ground don’t
Know Kogo, don’t know Mengwa and they don’t know the Governor. The only person they
know is the area MCA. Secondly, why do they punish these Caregivers for 7 months? The
government of Jubilee has failed us. These people, our Caregivers whom we employed are
suffering.
(Shouting)
Speaker: Order! Order! Order the House.
Hon. Were: Mr. Speaker, the Hon. for Sikhendu is misleading the House. The money to be paid
for ECDE Caregivers is from the Governor but not from Jubilee.
Hon. Kutitila: But Mr. Speaker, this Government is for the Jubilee. Jubilee is what is causing all
these problems all over the Country.
(Hon. Speaker Stands)
(Hon. Kutitila is still on the floor)
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Speaker: Hon. for Sikhendu, you are out of Order, I don’t know where the issue of Jubilee is
coming from. Even your 3 minutes are over.
The House: (Shouting) Freeze! Freeze! Freeze Hon. Kutitila.
Hon. Too: Mr. Speaker, just to make my statement. This is the House of Procedure and rules.
Once the Speaker has stood up, you have to freeze. Secondly, Hon. Sakong has said that the
cheques are going through in his ward, why only his ward? I don’t know why the salary of
ECDE Care givers has delayed. This department of education is doing their own things without
informing us. In my ward, I heard my ward administrator communicating to my residents that on
Thursday they will hold an election without me being aware. We wonder why the County
Executive Committee for Education doesn’t acknowledge the responsibilities of this House.
Even though we amend the Law, in fact we are saying that we put up a parallel structure of what
is happening in our wards. It is so bitter Mr. Speaker. It means we are doing these things with
politeness and hence the Executive are taking advantage. The Governor needs to appoint another
County Executive Committee for Health and leave Hon. Kogo in the department of Education.
On the issue of constructions, I heard the Governor when we were in Aturkan communicating to
the people that he is going to engage House land Commission at a cheaper price. But now the
story has changed. We were told that it will be at cost of Ksh 500,000 and now it is 1.5 Million
and the tricky is that only to construct two classes in every ward. Mr. Speaker since 2013, they
have done nothing. We are now ending the term and still nothing has been done. This means, this
will still go to the next year and it will be a big challenge. In my ward, they have only
constructed 4 classes out of 22 classes that we had planned. They are just tricking us. Finally Mr.
Speaker, we were thinking that this job will be given to our local contractors so that they can also
benefit from the fruits of devolution. This department of education has let us down and
yesterday, we resolved in the meeting to stop everything. We have powers and we will.
Speaker: Do you mean you already made a resolution over this?
Hon. Too: Yes Mr. Speaker, yesterday the committee resolved that to stop any function
especially the election of Bursary election.
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Speaker: Hon. Mutuli is that the resolution you made by your committee?
Hon. Mutuli: Mr. Speaker Sir, I want to start by saying that the issues that we were discussing
were a serious matter. We had a meeting where we co-opted all the elected members and indeed
we asked ourselves, why are they doing this without the notice of the House and why are they
coming up with these when we have remained only with 11 month. Even today, they were to
start at Chepsara but i called them to stop.
Speaker: Do you have the resolutions made by your Committee?
Hon. Mutuli: Yes Sir, I have the resolutions. Here they are.
Hon. Kaboloman: Mr. Speaker Sir, you asked a question. This House has a way of making
resolutions. I request that the Chair to let the resolutions come to this House now and we discuss.
Why do we discuss when the resolutions are in his pocket?
Hon. Kisaka: Mr. Speaker, I beg to differ with Hon. Kaboloman. The resolutions have not gone
through the House Business and are not on the Order Paper.
Hon. Kutitila: Mr. Speaker, we go with the resolutions of the House but not of the committee.
What we are discussing is what had emerged from Hon. Milimo submissions. If you request
Hon. Mutuli to read the resolution made, then we don’t need to discuss the emerging issues
brought by Hon, Milimo. We will be discussing their resolutions.
Speaker: Honorable members, first of all, on the last statement, you are out of Order Hon.
Kaboloman because, after debating I was going to direct to the committee of Early Childhood
Education Committee to bring the resolution . But because Hon. Mutuli, you already have
resolution, so I will direct Hon. Mutuli that after this discussion, you go and mix with the
resolution you have and bring to this House a very comprehensive report.
Hon. Too: Thank you Mr. Speaker; I want to finish by insisting that the Minister of education be
retained in Education and leave Health Ministry for somebody else.
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Hon. Maling’a: Thank you Mr. Speaker at long last, your eyes has caught my hand. I want also
to thank you very much and the entire House for giving us support during the death of my
brother. Mr. Speaker, I want to begin by saying that when we employed the Caregivers, we set
aside the mount, almost 70 Million to pay them. It has been long overdue and no action has been
taken. It is so bad to see that you employ somebody and at end of the month he/she gets nothing.
These people are our brothers and sisters and they also have families to feed and other
responsibilities. So I am urging the minister concerned to pay these Caregivers immediately and
his ministry has failed us. On the issue of Cheques, I don’t know why the Hon. for Matumbei
said that his cheques are going through. For me I had a call that the cheques are not going
through. Mr. Speaker, what will we answer to the public? It is now our role to exercise our
mandate. I want to say that Trans Nzoia is very large and people outside are waiting to come in if
we are not working. So we need to sacrifice.
Hon. Kuru: Thank you Mr. Speaker Sir. Mr. whoever interrupted the House did a good job. Mr.
Speaker, we don’t have a clear understanding why the salary of Caregivers delayed. I met the
Chair of the Board and she told me that the issue was the mixing of the names. I thought they
were trying to complicate. Mr. Speaker, there is no reason why they could fail to pay the
Caregivers. The other issue is the Cheques; in fact we need to ask the County Executive
Committee for Education what is wrong with the cheques and if they are bouncing, what is the
next step. What are we going to do Honorable Speaker? We need to get the Governor himself
and tell us why the cheques are bouncing. Anybody telling this House that the cheques are going
through will be misleading the House.
Hon. Sakong: (Point of clarification) Mr. Speaker, I only wanted to share with the House the
massage I received and if you want, I can show the massage or I call the Chief Officer to explain.
I don’t know why the Honorable members are keeping on repeating my statement.
Hon. Kuru: Mr. Speaker, I was saying that we need a clear communication about these
Cheques. Next is about the committee of Bursaries. Mr. Speaker, we need to stop it. It is
something that we are not aware. Finally, on the issue of construction of classes, this is the issue
TRANS NZOIA COUNTY ASSEMBLY DEBATE
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that we agreed to build three classes and they are now talking of two twin classroom. This will
not help Mr. Speaker. Can we have a clear statement from the Governor?
Speaker: Honorable Members, looking at the nature of the House, I may end up missing a
quorum. So I request Hon. Masika, Hon. Sikowo and Hon. Nelima to come and tell me what they
have in my Office. We have prepared for you tea in the upper Boardroom. Or let me give them
only one minute to say their names and say something small.
Hon. Sikowo: Thank you Mr. Speaker Sir. the reason why they transferred the money to Chase
bank was not good and the money was not transferred for good reasons. I know the reason
behind it and I will tell you what they wanted. Two, the Echo Bank only allowed receiving less
than one million. So Hon. for Matumbei might be right. Mr. Speaker, the Governor to be told
this that the money send to the central bank is not recognized. And the issue of electing
committee for bursaries be stopped immediately.
Hon. Nelima: Thank you Mr. Speaker. Mr. today we have been in the ward of Hon. Kutitila
carrying road inspections and the impressions we got from his people were not good. We were
told that it was Hon, Kutitila’s arrangements to elect the new committee bursaries but I tried to
explain to them the truth.
Hon. Masika: Thank you Mr. Speaker, surely Mr. Speaker, this has been an important task to
discuss. This is the department where the Early Childhood Education committee employed the
Caregivers but they have not been given their dues after working for 7 months. The department
has not constructed the 4 classes or 3 as they promised us. This department told us to identify 3
schools and for now it will be a question on why we have changed the classes. This has been a
good discussion. Thank you and God bless you.
Speaker: Honorable House, these are direction from the Chair. Today we have debated on
interruption brought by Hon. Milimo requesting on the 4 issues. I therefore request the
committee of Early Childhood Education to go and find out:-
a. Whether Chase Bank Cheques are honored and if not, what solution could be done?
TRANS NZOIA COUNTY ASSEMBLY DEBATE
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b. Whether Nursery teachers have been paid for their 7 months and if not, what is needed ?
c. If ECDE Classrooms has been constructed as agreed in this House and if not, what could
be the necessary measures to be taken by the house ?
d. And why the Executive have decided to hold elections for the bursaries committees?
This should be compiled with Hansard Report and within 7 days the report be placed on my table
and I will call for a special sitting.
Next item on the Oder Paper?
Adjournment for recess by Hon. Weswa (Majority leader)
Hon. Weswa: Thank Mr. Speaker. Mr. Speaker, I want to move a motion on adjournment of the
recess. Mr. Speaker, according to the parliamentary calendar, we are supposed to be on a recess.
I beg that we adjourn the House for a recess. I call Hon. Sakong to second,\.
Hon. Sakong: Mr. Speaker, we have been on the heavy workloads and now it is good we
adjourn for a recess. I second the adjournment.
Speaker: Thank you Honorable members. I wish to thank you very much and we wish you also
that as we resolve, we résumé on 8th June. The house now stands adjourned.
(Adjournment)