€¦ · Web view42. Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council...
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
2ND JULY 2014
REPUBLIC OF KENYA
NYANDARUA COUNTY ASSEMBLY
1st ASSEMBLY-2nd SESSION
OFFICIAL HANSARD REPORT
The deputy Speaker on the chair
Prayers
Speaker: Let us proceed with the business for today, the first order.
Clerk: Administration of oath
Speaker: Next order
Clerk: Communication from the chair
Speaker: Next order
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Clerk: Messages
Speaker: Next order
Clerk: Petitions
Speaker: Next order
Clerk: Papers
Speaker: Next order
Clerk: Notices of motion
Speaker:Yes hon. Kairu
Hon Kairu: Thank you Mr. Speaker sir, I beg to give notice of the following motion
That aware of the object of devolution as enhanced in Article 174 of the constitution key among
them being to give power to self-governance to the people and facilitate decentralization of state
organs, aware establishment of the decentralization unit under the County Government Act,
further aware of further aware of administration challenge experienced with the Kinangop sub-
counties of Nyandarua, due to the expansive nature of the region under the boundaries
established, concerned of the extraneous work by the sub-county administrator of administrating
the sub-county, aware of the need to ensure service delivery to the people, this Housenow do
urge the executive through the executive member for legal and public service jointly with the
county secretary and the County Public Service Board do consider creating the office of aDeputy
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Sub County Administrator and to recruit a person there of to take charge of one part of the
expansive Kinangop county. Thank you Mr. Speaker sir
Speaker: Thank you hon. Kairu. The House business will determine when we shall move that
motion. Do we have any other notice of motion?Next order
Clerk:Statements.
Speaker: Next
Clerk: Motion on adoption of the report of the joint committee on justice legal affairs and public
service committee on illegal employment of staff in Ol’kalou town council by Peter Mwangi
Maina.
Speaker: Yes hon. Kagwe.
Hon. Kagwe: Thank you Mr. Speaker I rise to move a motion on adoption of the report of the
joint committee on justice legal affairs and public service committee and public investment and
account committee on illegal employment of staff in the defunct Ol’kalou town council.
Speaker: Proceed hon. Kagwe.
Hon. Kagwe: Mr. Speaker sir it’s my honor and pleasure to present this hon. House, the report
on committee of legal justice affairs and public service committee, and public investment and
account committee
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
(REPORT ATTACHED)
Hon. Kagwe: Mr. Speaker sir the report is self-explanatory,and we do understand that a lot has
been said within the report and Iwill not much, but I call hon. Muchiri having and served as a
councillor in that time and having an experienced of that local authority to second the motion.
Speaker: Yes hon. Muchiri.
Hon. Muchiri: Thank you Mr. Speaker sir. I rise to second this motion on the following
grounds. This is an issue that brought heat in this assembly, and as a committee we went through
the necessary documents, and there was a ministerial embargo not to employ. I remember when
we were in the defunct Nyandarua county council, we actually never employed but those who
were in the office in the defunct Ol’kalou town council went ahead and wrote to the minister
requesting they be allowed to confirm the casual workers into a permanent scheme. The embargo
was lifted, they were actually given authority to employ and the council actually followed the
procedures. They first had a supplementary budget so that they could get money to employ those
staffs, and that supplementary budget was approved by the then minister, and the
financecommittee actually approved the same and the full council which was the authority of the
council also approved the budget and the resolution. They adopted the resolutions of the finance
committee.
Mr. Speaker, when the report was tabled here we thought because there was a general embargo
in the whole country procedures were not followed, but since procedures were followed we can
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
only urge this House to support this report because those who are in office are legally there.
When the former chairman was summoned into the committee he explained why there was a
discrepancy between the 19 and 24 and I remember him telling as that it was a typing error and
anybody can make a mistake. So therefore I don’t see why we should not adopt this and again
these are our brothers and sisters they are already employed and there is no problem with that.
The only issue that I may raise is the issue of the current casual workers. These workers are not
enough and they are still working as casuals. Therefore what I would recommend is that these
people to be given the first priority. For example there is a lady named Rahab, who wears a white
turban, she has worked for many years, over ten years and she has never been employed
permanently.If am right, I think these are the kind of people who should be employed
permanently if the county is in a position to employ those lower cadres.
Finally Mr. Speaker the issue of casual workers, needs to be considered very seriously because if
you look around our towns you see they still need cleaning up and since this debate touches on
the casual workers, I would propose that more casual workers be engaged so that those
mushrooming town centers, can be cleaned. I second.
(Question proposed)
Speaker: Hon. Ndirangu.
Hon. Ndirangu: Thank you Mr. Speaker, I wish to thank the committee on legal justice affair
and public service committee and PIC/PAC for a job well done. They have done their own
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
investigation on how the casuals were employed and they were employed legally. The only
option this House has is to approve this. These fellows have worked tirelessly for this
county.They are our brothers and sisters and they need not to be victimized their employment
process followed the ministry of local government directions. I wish to say that we have a
shortage of the same and the county needs to employ more workers. In the entire Mirangine, we
have eight casual workers only who have worked for about three to ten years and these people in
my view need to be permanently absorbed in their jobs. Therefore it would bemy pleasure if my
people down there, the eight of them be employed permanently. When that time comes let the
first priority as hon. Kariuki has said be given to the current casual workers we have in this
county.
Speaker: Yes hon. Kiiru Gachomba
Hon. Gachomba: Thank you Mr. Speaker I wish to support the report on joint committee of
justice legal affairs and public service committee and public investment and account on illegal
employment of staff in the defunct Ol’kalou town council. The mandate was procedure in
employment and also investigation of this matter and observation. Casuallaborers have taken
years to be employed permanently. I wish to support the sentiments and recommendationsof this
report because initially this thing had passed through the finance committee in the former defunct
county council, whereby supplementary budget was made and approved by the minister for local
government. Then the cap 265 of local government act they were there legally althoughwas not
employed according to labour laws. I think the labor laws were faulty because I don’t think
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
somebody can work in a certain organization for such number of years,without being employed
permanently. They have served for more than the required time from the labour law.
We have a shortage of casual labourers; we need to even to employ more to actually be
distributed in all our wards because we have a lot of work that is not done. Areas like Engineer,
Njabini and the rest we have that problem.A small town like Engineer cannot get somebody to
collect garbage. There was this issue that we are employing illegal casual laborersin the higher
levels while we need to employ more in these centers. I need to recommend the report that has
been brought forwarded by this committee that we need employ more. We even recommend that
the executive when employing casual laborers, those that are already in the payroll be employed
permanently so that they can continue to serve this county with diligence. I wish to second that
motion
Speaker:Thank you,Hon. Kirumba.
Hon. Kirumba: Thank you Mr. Speaker sir, I rise to support this report, which has come at the
right time because whatever was being talked out there was due to lack of information. It is
important to note that the committee has cleared all the allegations that can make this matter rest.
You realize that whatever was done by the then defunct town council has come to be legal in the
sense that they followed the procedure. The consulted the government of the day and whatever
was done cannot be disputed. It’s good to appreciate that the casuals in the county are being paid
peanuts. Getting on daily basis 200 shillings with the current inflation is just condemning them to
death. I would rather propose and when the executive gets this report they try to balance the
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
wage bill and the contracts they are giving to the casual labourers. As a county we have the issue
of a wage bill, and it’s only fair if we have to give the casuals a reasonable pay so that they do
what they are supposed to do, otherwise if you give somebody 200 shillings per day you may not
get the value of that money.The recommendations that the two committees PIC and PAC and the
legal has brought, are forming the basis and the C.E.C of these dockets may have areas to
confine to bring a bill touching on this issue that is so relevant and so dear.Human resource is an
integral part of any development and without the human resource you may not get the result of
what you intended to achieve. For example very dirty environment has its own side effects in
terms of high bills on health.
This report in my opinion Mr. Speaker has come at the right time once taken alongside the
Hansard of what we are saying, I would expect something is going to come out and have a very
clear cut policy on how we are going to do to our casuals who have spread all over the county so
that we have everybody doing what they are supposed to do, to improve the livelihood of
everybody. With all the recommendations that are in I support.Thank you
Speaker: Hon. Kagiri:
Hon. Kagiri: Thank you Mr. Speaker I rise to support the report. Bearing in mind that I was part
of the team that compiled it, actually we saw it prudent that we do justice to our people. The due
procedure was followed according to cap 265 that was then governing local authority. After
perusing every document, we saw that they followed each and every step. One of the
requirements that was needed by then, so that the ministry can approval any employment was the
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
supplementary budget and it was provided to these committees. It was ascertained that there was
money to pay these employees. It was a humble request for those two committees to make the
county assembly know that we have other casual laborers who are still working under the county
government as we are talk and they should be absorbed in the county.They should be given the
first priority because we know they are qualified.
There is another issue that we noted Mr. Speaker is thatit would be odd if we recommend that
some of those workers that have been working under the defunct county councilto go home.
Another thing is that some of these staffwas deployed in areas that are sensitive such as the
sectors of revenue collection.Looking to the quarterly report, that was forwarded and tabled to
this House; you can see the amount of money that has collected in terms of revenue.It’s far much
below the estimated amount. We ask ourselves if we recommend they go home, what will
happen to the kind of amount being collected by these staff is working in the revenue collection
sector?Will we be doing justice to our people? Lastly, I know we have shortage of staffs in this
county.It’s the high time that for the executive, since we passed the budget with the provision of
additional of staffs, to be compelled to employ staff, so that they can actually give service to our
people; to have effective services and everything to run as usual in the county. I beg to support
Mr. Speaker sir thank you.
Speaker: Yes hon. Dorcas.
Hon. Dorcas:Thank you Mr. Speakersir Iam amember of the two committees thatcompiledthe
report. The town council of Ol’kalou did justice to their people.Although they didn’t absorb all
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
the casuals they had in permanent employment, they did their best and all the right procedures
were followed in absorption. In the defunct local authorities they were being guided by cap 265.
Finance committee sat and saw that there was need to absorb some of the casuals on permanent
basis.They did the supplementary budget which was then approved by the full council. The same
was forwarded to the minister of local government and was approved. I feel that the defunct
town council of Ol’kalou did its best, because I was in the defunct Nyandarua county council.
Some of our casuals could be absorbed in permanent employments, but our council was unable. I
do recommend the work the defunct town council did to absorb some of the casuals, having in
mind that the same casuals had experience.
Though they were absorbed in the sensitive sector of revenue collection, before they were
absorbed they worked under the revenue collection sojustice was done as per the supporting
document of appointment which showed the date of appointment; that is 7 th December against
the 1stJanuary allegations. It’s worth noting that we summoned all those staffsto present their
appointment letters on permanent employment basis.With their appointment letters as casuals
they appeared to the committee to affirm that they are there and they are working on the
appointment they were given.This shows that there are those that were employed are still in
service of the county government.
I would request the C.E.C that when the employment is needed in this county, the casuals be
absorbed in the same capacity because they have the capacity and they have served in the defunct
town and county council.We would be doing injustice to them if we get other people from
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
outside to come and serve while leaving the people with experience behind. I believe experience
is the best teacher and we can’t let our people who have worked in our defunct council as casuals
to go. Bringing new people would also be very expensive for example to educate them while we
have experienced. I recommend that if there are employmentswhich will be carried out in our
county, the first priority to be given to the ones already serving the county and I beg to support.
Speaker: Yes hon. Njiraini
Hon. Njiraini: Thank you Mr.Speaker sir. First I would like to thank the committee of legal
justice because they have really donejustice.Sincerely speaking after legal procedures was
followed, I think they were supposed to be absorbed. Those laborershave been working in the
Nyandarua County Council and Ol’kalou town council and it would be good for us to absorb
them as casual labourers of Nyandarua County. They have worked tirelessly for Nyandarua
County and in return, we can give them a reward by absorbing them. In the recommendations
page 13 number 2, the legal and justice committee it’s well described that, the casual workers
who were previously working in the defunct Nyandarua county council and Ol’kalou town
council be absorbed if they meet the required qualification.That’s a very good recommendation.
They have worked for more than five years under in a very bad environment. They are our sisters
we also need to know the conditions that they are working in. some of them don’t have
gumboots, gloves apronsthey are working in garbage and dirty areas.We are really exposing to
dangerous diseases.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
If we can stop those people from being employed by Nyandarua county government, I think it’s
unfair. There is a routine here where they are being transferred just for the sake of it as was in the
motion brought here by hon. Kieru. In an addition to that, others who were suspended, that’s
Kimani and Wamugunda and still being paid by Nyandarua county government. Those are
among the people need to go back to the county and work for the county. If we talk of wage bill
we cannot start employing other people. We still have others with potential, experienced,
educated and who have been working for Nyandarua County.
There were staffs who were working in the assembly experienced the same.If they had
experience for working in Nyandarua County Assembly they should be around to work for the
county assembly.
Let’s have another version of doing things. In additional to that, we recommend thatthose casual
workers who had been working in the enforcement, to be taken for training so that they can work
effectively for the county. Most of our enforcement officers never went for any training they
were only given job without experience. I think in the area of revenue collection, they need
capacity building.I support this report and let us employ more because we don’t even have
enough staff in Nyandarua County.
Speaker: Yes hon. Kamoche.
Hon Kamoche: Thank you Mr. Speaker sir I rise to support the report, one on the legal side of it.
Asan assembly we are the law making House.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
(Murmurs)
I need protection people are consulting loudly
Speaker: Order members.
Hon. Kamoche: Mr. Speaker I support this report on this one ground that Nyandarua County is
a government by itself and the defunct local authorities were government agencies. Those local
authorities that were there under cap 265 were also put in place under cap 266 and perpetual
succession act.This gave them capacity to be sued or sue somebody.
A casual laborer, who has been working over ten years, can go to court and sue this county
government. This is an institution that is eligible to be sued and to sue.Once this government is
sued it will affect even us socially economically and even politically becausewhen somebody
from Rurii goes to court and that’s my voter or from Njabini Kiburu or Murungaru, you don’t
expect a member to side with the county government if somebody is from his ward, he will stand
with the people who voted him in. Once I was arrested here asking for a meeting, and when I
was taken to court I was released at 2:10p.m by C.P.C and I was told by the attorney general, the
O.C.P.D who arrested me was irresponsible and I was directed by the attorney general to sue the
O.C.P.D. He told me to discuss out of court.
If we say we have a casual labourer of two hundred people and one morning we say they go
home and it will be a great shame.If we move a watchman from the borehole at Rurii who has
been there eight years and being paid six thousands Kenya shillingsfor thirtydays and you
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
replace him with two of them who are paid per day, that is crippling the county and we want
money to construct roads we need money. At the end of the day we are politicians notexecutive
we will go back to our people. I would say that this government should absorb these people.
There is a trick that is being used; people are being sent home and the next day,new ones are
absorbed. One day I went to Rurii with the minister for finance, we popped in at the borehole and
asked for the receipt that they used. What shocked me is that a person was sent home and another
had been brought and was using the same receipt book without duplicate, that’s a serious
corruption.
Hon. Kagiri has said that the money we have collected is far much below, and I can tell you for
sure that that borehole in one month gave ksh. 95,000.We have four and only one person is
working around. People cannot get water; they are buying water at 30 shillings per can, because
there is no person to sell it at the borehole. That is the money that should be put in place so that
county can get money.
I want the chair of budget to hear this, if there is a person he is failing his duty there is no
purpose of him being there. There, there’s no one working there in Rurii.I am ashamed when
passing there, that’s the head quarter of the division.We cannot get even a single person working
there, and yet you are saying the casuals to go home. We are not going to sack them and get
other people from other quarters to replace our people. We are unlawfully getting people from
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
the national government. I support this motion and we should say that we need these people
absorbed and we give a time line of 21 days.
Speaker: Yes hon. Kairu.
Hon. Kairu: Thank you Mr. Speaker sir, I fully support this report from the legal. I fully
support the people who are being brought back to the service.After formally scrutinizing their
documents, we found that they followed the right procedure. What perturbing in this issue is that
our casual workers have worked for 10 years and that there can be one morning they are told to
pack and go. This would create a great problem to our people.The legal person should consider
this matter of absorbing those that have worked for long.
It’s as sad that a casual labourer working bare hands in an area that is not fit for human being.
Some of the go to the sewage and they are collecting the garbage with bare hands. These people
can get the contamination of disease and so many other things; we should not take their life as
people who don’t matter in this county. We went to areas like Njabini, and we found that the
number of casuals is small and that’s why no good work is done. The environmental hazards that
are caused by lack of casual labourers will make our people to contaminate diseases and the
health sector will be buying drugs to treat those people with communicable disease instead of
using these drugs to treat non- communicable diseases.
I want this to be heard, when we come to the casuals who are engaged in the county, the area that
was said to have nobody, is Githabai ward. I fail to understand how they are generating revenue;
for example we have a soko there that is operating and money is collected by a person from
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
another area but the garbage is left. I would be the first to tell these people not to pay that money
because they are not benefitting. The garbage is scattered everywhere and there is nobody who
can come to their aid. Somebody was employed as a casual labourer for three days and the
person left. I heard from the county secretary, they were supposed not to given that kibarua. The
health public officer is telling me the situation is now becoming worse and they are still
contributingto the economy of this county.
In fact this is what is calleddevolution, because in devolution somebody must benefit with
whatever is generated in that county. Mr. Speaker sir I beg to support this report but to be taken
into consideration that Githabai ward has no casual labourer and something must be done
urgently. Thank you Mr. Speaker sir
Speaker: Yes hon. Gachari
Hon. Gachari: Thank you very much Mr. Speaker sir, I rise to support the motion concerning
the workers who are in the county. I am very much worried especially in the areas of those
employments. Although the county government has decided to sack these people, I am
supporting that the stay. There was a time I went to Ndaragwa bus station there was nobody to
collect cess from matatu. In case of Shamata they are coming to my office asking me how they
are going to pay land rates and whom they are going to pay.There is nobody to be paid and for
those that are temporarily employed, the county government is talking aboutsacking. We don’t
know what to do because there are no enough laborers.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Our towns are filthy, they are not clean. There is no need to sack people who are working there
and employ who are not experienced to work. If somebody is employed to clean the toilet, that’s
a sacrifice because if somebody like me is employed, I cannot clean the toilet.
We are looking for money in the county, and we don’t expect to budget for the money that
comes from Nairobi only.The minister for finance should come out and say whether we are
going to rely on the money that is come from Nairobi only. There is a lot of money that is not
being collected in our county.We are the backbone of this county and in case we fail, and the
fathers of this county fail,we shall be blamed.Even if we will not be here, we need to leave
history and give direction of what we are doing.
Mr. Speaker I would like to support this motion and we should come with a way forward on how
we are going to get more people, to give service to our people and also to collect the funds. In the
budget that we have, we have included the amount to be collected from Nyandarua people and
yet there is nobody to collect this money. How are we going to make it this year?Are we going to
make to the budget work? Please let stick with this people we guide them to work, but not
sacking all of them because of interest of certain people. I stand to support the motion. Now that
I have seen they have exhausted the motion, I call the mover of the motion to…
Speaker: No thank you there is some members who want to participate.Yes hon. Kieru.
Hon. Kieru:I’ll call the mover don’t worry. Thank you Mr. Speaker sir, I want to speak on just a
few issues. A time has come that this assembly must be seen to work, am not saying we are not
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
working but to work in a way that they don’t expect as to, that is by either sacking one of them.
The major complain that they are havingin my area a place called Kianjata, is that the ministry of
health has actually moved around and they told them not to operate in their shops because the
town is not clean.Who is supposed to clean the town? The county government should provide
those people. There was a lady who was working there and once the county government took
over she was stopped. I have tried to follow the matter without any meaningful assistance. That
means that this government is sleeping in its job not the entire government but the
executive.What do we do at this time; these people have failed as in so many ways. They have
failed in their capacity as executive.How then dothey want to fail us by sacking the people who
are working for us?
Last time I brought a motion here, adding a salt to an injury, they want to sack our voters. We are
not going to accept that because they also voted for us and also voted for the governor.The
people who do this do it behind the governors back.I am not saying he should know but the
matter should be handled professionally not in the kangaroo way that they are doing it. Let them
sack our workers but we are going to sack them.
Remember of the motion that was here on the few workers that they are reprimanding and
transferring so that they can manage their tendering aspects. Immediately they sacked them you
see the tenders they have advertised.You can see how they want to maneuver with the tenders.
We are not going to allow that and we won’t watch as they steal our money. They are sacking
qualified people and are transferring them tobring incompetent one. Njiraini has said of the two
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
gentlemen Kimani and Wamugunda. They were stopped by county government and still receive
money and yet their positions were given to other people.What mistake did they make? Did those
mistakes warrant the kind of punishment they are receiving? Surely Mr. Speaker this shows that
there is witch-hunt and we will not allow it in this county. Today if we look at those
qualificationsof those who are sacking those people, I heard that they were number seven in the
interviews in the public service.They were brought to number four and finally number one, to be
approved by the assembly.How the hell did they get those positions and yet they are sacking our
people saying that they are not qualified? Are they qualified themselves?This assembly will not
take things lightly. This House will deploy its powers against them by first sacking them also
because they are mistreating our people.By the way do you know that these people are not
Nyandaruans? They’re from Kiambu and they have brought problems to Nyandarua. We will not
allow people to bring people from other county so that they can benefit in our country, at the
expense of the people who voted for us, who pay tax to this county and the tax they pay is the
money that pay their salaries and they take that money to Kiambu. We are not blaming ourselves
but we wish we knew but now that we know we are going to employ our powers and we are
going to through them out. With those many remarks am going to call the mover to respond.
Hon. Mwichigi: Thank Mr. Speaker sir for giving me a chance to contribute on this hot debate
on various issues that concern casual laborers.What degree do you need if you are a cleaner?
You just need experience. These casuals have experience that is the thing of paramount
importance. If you employ other persons because this one is not qualified and he/she is not a
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
cleaner then something is not adding up. What this House should urge the executive is that they
should retain these people who have been with them and working for this county for so long. It’s
kind of hurting when somebody has worked for that long and one day you tell him to go home
we don’t need their services any longer.I am unfortunate the only member of this House who
commutes. I use the public service all the way here. I have seen in Magumu where we have the
biggest stage in the county and the other places such as Fly-Over,the vehicles pack and pick
passengers and there is no one to collect revenue.We are losing a lot of revenue but we are busy
here dealing with sacking of the casualsother than finding out how to motivate them and how we
are going to increase the revenue. We should see to it that mostof these casuals are absorbed and
more employed to ensure all these resources come to the county and that we are not losing all
that revenue. On the issue of Wamugunda and Kimani what we are saying is that, these are the
person who ought to be retained. I support. Thank you, Mr. Speaker sir.
Speaker: Yes hon.Hon. Kamau Njoroge.
Hon. Kamau Njoroge: Thank you Mr. Speaker I rise to support the report that has been tabled
in this hon. House. Mr. Speaker there are members of this assembly who always make noise
when another member is contributing is that in order?
Speaker: it’s not in order.
(Murmurs)
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Hon. Kamau Njoroge: Mr. Speaker hon.Njiraini andhon. Kieru, most of the times they talk very
loudly without control.
Speaker: Hon. Njiraini, hon. Kieru if you are consulting, consults lowly. Proceed hon. Kamau
Njoroge.
Hon. Kamau Njoroge: Thank you Mr. Speaker for protecting me I rise to support this motion,
but my concern is this, why has the former county council and the current county government
retained the casual labourer that long? It’s basically known that casual are hired when need
arises.The question is, has the need been consistence for the last ten years? These people are
poorly remunerated. According to my research, one casual laborer earns 200 shillings per day
and works for 5 to 6 days a week. That translates to 1,000 to 1200 shilling per week. When you
do simple calculations, that person earns 4000 shillings per month and the currents status of our
lives. Can the person sustain his or herself?
The other thing is the kind of incentives that we are giving to our people.They cannot be
motivated by the poor remuneration. What I am urging to this House is that when we are
recruiting permanent workers, let’s give our firstpriority to the casual laborers and also consider
their remuneration.Let them be paid well for this county to continue getting revenue from them. I
believe if this is done the members of this House will be pleased, you know those people who sit
in office in rotating sits don’t now the problems our people are facing in the villages such as
Ndaragwa, Magumu and the rest of the county. You sit there with mineral water; she or he does
manual work she’s doing with no groves protecting her from virus or bacterial that is caused by
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
untreated water in Ol’kalou. He is working bare footed and with bare hands in those toilets of
Ol’kalou. We are all born but in different families, brought up in different environment. That’s
why God blessed us with different abilities.She has ability to wash those toilets, but give her the
most hygienic conditions, give her favorable conditions to work. Look at it in another way Mr.
Speaker if you spend more than 200shillings taking mineral water and pay him 200shillings, will
that sustain a family of five; a husband a wife and three children?Is that practical? That can only
be equated to a quarter of the money that is spent by a person who sits in an office.Let’s fight for
those people who elected us. As Hon Kamoche said let as recruit this people soonest possible so
that we can start remunerating them. Let the committee on implementation start working on this
soonest possible.Thank you Mr. Speaker sir I know donate two minutes to Hon. Kimani.
Speaker: Hon. Kimani
Hon Kimani: Thank you, I raise to support the report and also congratulate the committee on
Justice and PIC/PAC for the good work done. As I supportit’s worrying to sack a person who has
worked for ten years.Imagine where he can start, having a family yet he has been committed
from eight am to five pm.They have started noother business.Where can that person go? What I
am saying as a member of Kanjuiri and, my neighbor M.C.A hon. Ndirangu said, in Tumaini,
there is no casual laborer cleaning that town.The same thing to Ngorika town and the people in
these towns are paying taxes. I am of the opinion that we add those casual laborers and we treat
them as those working in offices. Those people do a lot of work imagine somebody cleaning
toilets. You in the office go to a clean toilet and you are not recognizing that person.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
As honorable member from Kaimbaga said, there are these two people; Wamugunda and Kimani
this people are being paid and they are not working. Let this matter be investigated. As I can see
the mood of this House I now call the mover of this motion. Thank you
Speaker:Hon. Mumba
Hon Mumba: Thank you Mr. Speaker sir, as my colleagues have said it is very crucial to think
about casuals. Especially in Wanjohi there are only two casuals cleaning there. They are not
facilitated, they do not have gumboots and they are paid poorly. It is important that the county
government looks at these casuals who they have employed for more than 10 years. They are
given suspension with a one day notice and that is not in order. These are the people who are
cleaning our environment and so we should treat them well. With that I support the report and
call on the mover.
Speaker: Yes Hon Kagwe.
Hon Kagwe: Thank you, I take this opportunityto congratulate this honorable Housefor the way
they have contributed to this motion, I also thank both committees that is Justice, PIC/PAC and
the clerks that were with them during the report writing. It is worth to note that the town council
followed the due procedure as in the Local Government Act cap 265 which guided them on the
procedures to follow in employment. On this issue that has been raised by honorable Njiraini and
honorable Wambui Kieru on Mr. Wamugunda and Mr. Kimani with my advice if you can
incorporate that issue with the sacking tabled by Hon Kieru I think they can fit in that.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Speaker: Hon Kagwe the motion have been adopted by this House and unless anything I think
we should proceed
Hon Kagwe: Thank you I think we must follow the law and know with those few remarks I beg
to move.
(Question put and agreed upon)
Speaker: Hon. Members as you are aware this matter of employment is under the public service
board. One function of the public serve board is to bring regular report under the county
government act 59 (d). They are supposed to prepare a regular report for a submission to the
county assembly on the administration of the function of the board it’s up to the ministry of legal
and public service to ensure that the report has been brought.
Committee on legal should investigate the issue that has been raised here in the House,
concerning two members who are paid and are not employed and they investigate on any other
issue that has been raised on how revenue is being collected as one members form Magumu said
that a lot of money has been lost, so now it’s up to the budget committee that has to change the
kofiaor tact. They need to investigate, go round the county and find out how the money is
collected thank you.
Speaker: Next order, what is it Hon. Kirumba?
Hon. Kirumba: Thank you very much Mr. Speaker Sir, I rise on standing order No. 80, which
Mr. Speaker is calling the indulgence of the Assembly, to have a personal major related issue.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
That S.O Mr. Speaker is very clear, that once indulgence is given, The Speaker May, and not that
the word is not shall, Mr. Speaker, I also had to read the same, alongside the Standing order
number 51 (h), and I beg to dwell on standing order No. 80, because I know because I know once
I give my story that is of personal nature, you will see the wisdom of having the other members
chip in and give their contributions. M r. Speaker, my concern is based on what I experienced on
30th June. I drove the way to Nakuru because we have had issues with the car loans and
mortgages. When I went to chase Bank Mr. Speaker, I was so shocked by the effect of what I
realized that I almost fainted, Mr. Speaker.
I was not privy to the fact that the older you grow, the closer you are to death.
(Laughter)
Mr. Speaker, when I requested to transfer my money, I was told that I had to pay 6% as credit
safety insurance. I cannot see of a situation where the mortgage that I am rightfully supposed to
have, from Sarah Serem was supposed to be subject to any other cost, because I was supposed to
receive 3.7 million. I am also aware that Mr. Wahinya worked out my figure to a tune of 3.7M
that is what I was supposed to receive. After that any other Loan that I might have had was to be
deducted. Mr. Speaker, the first thing I did is that I called Mr. Wahinya of Finance, and I asked
him, you told me that what I was to receive was 3.7M? Now what are this other, issues like
“Closer to death, Two hundred Million?” My money was deducted 223,714 thousand shillings.
To make the matter worse, I will pay interest based on Ksh. 3.7M. So that means that I will be
working for Chase Bank for the remaining term of my stay here Mr. Speaker.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
(Applause)
I cannot sit here and pretend that I am being productive when I am not actually psychologically
settled. I am also aware that the money that I am being given in form of mortgage and in form of
car loan was actually our money. Chas Bank never went to the market to look for money. Mr.
Speaker, I sacrificed my foreign trip, to make money available, because I appreciated the fact
Nyandarua County didn’t have money to give to that particular vote head. I am getting a beating
out there at under the accusation that that I have always been on foreign trips which I have not
actually gone. And then here I come and find a bank that has hidden charges under the pretext
that the older you grow, the closer you are to death.
This is unfair, and this is also happening at the national arena where Banks have to declare their
bench mark, because they have the habit of hiding charges that they don’t make their customers
privy to until you have signed your loan. Mr. Speaker, I hate a situation where I am forced to part
with a sum total of ksh. 223, 714 so as to secure money that was rightfully mine. If that is to be
the case, then it means I would rather have that vote head. I am not ready to work for Chase
Bank under whatever circumstances Mr. Speaker and therefore, CASB has a noble duty to
explain to me what M.O.U they signed, if that clause was there, then I would be very mad
because I was never told that over and above what we give to me, I will be charged some money
under the courtesy and pretext of old age.
(Murmurs)
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
I am very much worried that the Assembly is made up of about 40 members, and if that is going
to be the revenue, and my simple calculations is telling, because it will commensurate with age,
the older you the closer you are to death, the youngest member here is not going to pay anything
less than 35,000 shillings or thereabouts. So you can multiply that with, and mind you given that
a few of us are paying well over two hundred thousand, we are paying an average of 7M, that
will be deducted by the Bank and that is on the minimum. Mr. Speaker, this I not something that
can just be wished away, I will be tantamount to burying our head in the sand like the ostrich.
We need to bring out because Hon. Members are not known to pretend, they are to speak their
minds and more so, even the privileged people in the society can’t take this kind of thing lying
down Mr. Speaker. No one can take such a matter lightly, when it comes to matters of what one I
supposed to take to the children back at home. As much as this is a matter concerning every
member here Mr. Speaker, I beg you Mr. Speaker to apply that S.O, so that we can have it barely
brought out, because we have discussed this matte in Kamukunjis because of fears that thing was
not going to happen but it is important that this issue goes into the records so that when I go out
there and tell people that I have not gone on any foreign trip, it is on record because I have only
gone to Malaysia, period. I was rightfully supposed to attend to any other trips and earn money
like the rest of the members in the other counties. There was a vote head for foreign tri[s and
bench marking, but we sacrificed. Why should I be therefore be subjected to this unfair treatment
of hidden charges? This is a concern for everyone here, and I say that we really need to
interrogate all the circumstances because we may end up having this being a subject of
investigations. I f Chase bank is bringing monkey games, we are not interested in that kind of a
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
game Hon. Members. That is a very serious personal matter and of course of personal nature, I
might the one that is affected but they do say that when your see your friends head being shaven,
you could as well be the next victim and so Mr. Speaker, the issue should not be treated as Hon.
kirumba’s issue but, it could be cutting across the board and we need to have a very open minded
approach so that we get to the bottom of the matter because if this things were not done over the
table, you except this kind of reaction because I am entitled to what I am supposed to get, not a
coin less, not a coin more. I am not asking for anything over the 3.7 M, anybody scaling the
figure downwards would be joking with fire. And I am saying this with all due respect. Thank
you Mr. Speaker Sir.
Speaker: Hon. Members, Hon. Kirumba has issued a personal statement that is of personal
nature, by invoking the S.O number 80. The Speaker or the Assembly is not supposed to have a
debate because the word used here is May and not shall be debated but however it may,
depending on the mood and the magnitude of the matter. Hon. Members, I understand that this is
matter of concerning the powers and a privilege of members and so Hon. Members, what I will
do is that I will allow only two Members to give their views on the same.
Let’s start with Hon. Kieru, then Hon. Thuita and Hon. Gachari who is also a senior Member of
the Assembly.
(Laughter)
Hon. Kieru, please try to limit yourself to three Minutes.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Hon. Kieru: Thank you Mr. Speaker sir. I don’t think I really have to talk much because Hon.
Kirumba has actually said the much we could have to say. I actually visited the place sometime
last week and I was told that my money had been transferred to my personal Chase Bank
Account. They had offset my loan with Equity Bank, totaling to 2.1M, and so they were to bank
1.43M in my personal account in the same Bank. When we were in Nairobi, I went to transfer
the money to the account I am used to either at K.C.B or Equity Bank. Surprisingly, I was told
that I could not access my money because apparently, my account had not been activated, I could
not withdraw the money though the money was there. I was to wait for 24hours, but because we
were in training at CPST, I didn’t manage to go on Friday Evening and decided to go there on
Monday morning to do a transfer. That is when I realized that what I found was not was I
expected, and so I requested for a print-out. They did it and I saw a deficit of Ksh. 34,672 which
I was told was supposed to cover a credit life Insurance for a period of 36 months. So for that
period of 36 months, I will be servicing a loan with Chase Bank. They told me that in respect to
my age, I was not likely to die in the next 36 months.
(Laughter)
They said that if I was older, or for someone who is older than me, I would pay more. Mr.
Speaker, I tried to understand the policy but with sobriety. They told me that it is banking
requirement that the loan had to be insured, and I agreed. I asked the manager actually in the
company of Hon.Nancy and Hon. Teresiah Njoki, and he told me that the money that they are
giving me as a member of the County Assembly, has to be insured and that that was it. That
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
money is already deducted and therefore I can’t withdraw below the 34 thousand because the
amount is already transacted as Credit Insurance for the money they have given me. I told them
that I had actually presented my title deed and my log book as security, but they said that they
are only insuring this loan against death only but not against anything else like theft because my
vehicle can be stolen. I wanted to understand the concept of the insurance thing and they told me
that if I would die today, that insurance company that I have insured my money against, will
repay my loan, but the title deed and my log book will be given back to my family. Then I asked
them why then they need the log book and the title deed and he said that it is because I may
decide to default my loan. He said that if I defaulted, that is when they would sell my plot or my
car. But that to recover their money in case I die, that is now when the insurance comes in. That
is when I understood the whole thing. Members, I want you to understand one thing here; That
the County Assembly of Nyandarua is in the process of paying Chase Bank about 205M.
One simple thing I want to ask Members is who is the owner of the 205M? They County
Assembly of Nyandarua owns 205M, this money was only given to chase to administer. Why
Members, do I need to insure the assembly’s money? It would be a different story if the money
belonged to them and I went at my individual capacity to ask for the loan. I take the ball to the
pitch of the Board. Maybe they didn’t read the agreement or if they did read, and decided to sign,
they could have been arm twisted, and if that is the case, I have questions with their ability and
capacity to lead this House.
(Applause)
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
If Chase Bank didn’t have that in the M.O.U, then it is supposed to apologize and refund the
whole amount and if the insurance is supposed to be paid, then the Board should pay, but
actually even the board doesn’t have to pay the insurance money because the money does not
belong to the Bank but to the County Assembly. With those few remarks, I support the
sentiments of the member and actually I don’t know what we are going to do because this is a
personal statement but how I wish it was a motion Mr. Speaker, so that we would approve it so
that it gets to the leadership of the board so that the sediments of the members here are taken
very seriously. We could give our recommendations so that the matter can be taken with the
seriousness it deserves. Not a single shilling should be snatched away from me. The money
doesn’t belong to them. Thank you Mr. Speaker.
Hon. Thuita: I thank hon. Kirumba for bringing this statement. I can narrate what I went
through yesterday with chase bank. All that is happening now goes with the word chase.
(Laughter)
I went to a point of asking where this bank came from to Nyandarua. Why should I be travelling
to Nakuru only to be told this today and the next day I am told the other thing? Yesterday I went
to chase bank after so many days of telephone conversations. I introduced myself and I was
directed to another counter and I was told that those who were dealing with Nyandarua matters
are not present. I asked whether this matter is being dealt with by a person in particular on by the
institution. She went into another room after asking my name again and came back saying that I
do not seem to have an account there.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
I remember that we signed forms here and in one part there was the one with account opening.
This means that I do not even have the right to come and ask a question here. I followed her to
the office that she entered and I sat down. I told the man in the office that I was the one asking
that question. He looked into his computer and he asked me why I was complaining and the
money was already in the account. I asked which account it was because I was told that I did not
have one some few minutes ago. I demanded to have the account number than he resisted. I
asked how I could access an account that I do not have.
It should also be noted that three week ago I was told on one Thursday that I would get my
money in the account at 2.00 p.m. I asked the leader of majority to let me know the status of my
account but he told me that I was within the group whose money will be in the account that
afternoon. When you here the members complaining you should know that everything is not well
and it is affecting all of us.
Somebody asked me that vey time whether I had a loan and I told him that that was not a
question to be asked at that time. I agree with you that Mr. Speaker with me here is the account
number that I was given. It is on this paper.
(Showing a piece of a paper)
(Laughter)
I asked for a card from that bank but I was told that there were no cards in that bank. When I
went to the teller to get the balance for this count the teller took the paper and went back to the
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
office I had come from and came with the paper with a figure written as a balance in my account.
This issue must be addressed very carefully. I told them that I had not gone there to ask for a
favor but to ask for my money. I told them that in had the capacity to go to another bank and get
the same amount of money. I did not see the reason why I should be chasing money in that bank.
Anyway the name of the bank is chase bank and then we are supposed to be chasing it to give us
our money.
Speaker:We had said that we shall have three members who shall contribute to this debate and
the last one is hon. Gachari
Hon. Gachari: Thank you Mr. Speaker for allowing me to contribute to this debate. I do not
consider chase bank as a bank. I was able to beat so many young people that were competing
with me and I became a member of this county assembly. Why should someone refer to me as an
old person? The reason why I am getting this privilege is because I am elected as a member form
Shamata. I am old and very able.
(Laughter)
Since we started chasing this money, we have wasted a lot of time and energy. The CASB did
not inform us that they were going to chase bank we could have advised them to go to another
bank that would not discriminate the members because of their age. This is another way of
stealing our money. We are not getting loans for the first time and we have never been asked
how old we are or got insured by force.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Mr. Speaker sir, the CASB has not been giving us information. I do not whether I am the only
one who is there of not getting information. We need to be given information. All of us should
not have been taken to chase bank by force. Members from other counties have benefited from
this money. Why does Nyandarua have this problem? When we cry someone is going to get a
curse because we are old. The old always curse. We should be given our right.
(Many members rise.)
Speaker:Are you rising in a point of order or you want to contribute?
Members: We want to contribute
Speaker: Hon members, you have already violated the rules. We have already given a chance to
three members to contribute. I will chose and give hon. Muchiri, hon. Kagiri, hon. Kamoche and
hon. Kagwe two minutes only.
Hon. Muchiri:Mr. Speaker, I want to thank you for allowing us to contribute to this debate. I
want to give a very brief story of my encounter with chase bank. I filled the forms and I want
told to take them to Nairobi which I did. I went to sign the offer letter and I was told that I cannot
sign it. I filled more forms but again I was told that I could not sign the offer letters. I was sent
to Nakuru.I went to Nakuru but the manager told me that the forms were misplaced. He called
Nairobi to ask for my forms. I complained so bitterly
(Hon. Njoroge Kamau on a point of order)
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Hon. Njoroge: Thank you Mr. Speaker. I am rising on a point of order 51 (h) that is motion that
may be moved without notice. Among the many motion that may be rises without notice is a
motion that is touching on privileges. You are giving a limited number of members to contribute
to this debate; I was of the opinion that this should be turned into a motion because this is a
matter that is touching on every member of this assembly. It is about the privileges of the
members of this assembly and I would like to be guided on whether it can be turned into a
motion.
Speaker: The person who raised the personal statement sited the same standing order and
standing order number 80. He requested the chair to take it into account as a motion under
Standing Order 51 (h) or a personal statement under standing order 80. I went ahead and decided
to give the members to contribute quoting the word may’ so I gave the members to contribute
and further four members who are debating. Finally the chair will give a ruling. Proceeded hon.
Muchiri
(Hon. Kamau Njoroge stands on a point of order.)
Hon. Njoroge: Mr. Speaker I still insist on this. A motion and a statement are different. I am
standing on the same point of order and I am saying this I the time I want to move a motion.
Speaker: Hon. Kamau Njoroge, I totally disagree with you. Once I allowed the personal
statement to be debated, I was very lenient. Proceed hon. Muchiri.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Hon. Muchiri: I was narrating my ordeal with chase bank. After complaining I do not know
where my forms surfaced from. Someone started opening an account for me and as we talk I do
not know whether I have an account with chase bank. It is unfortunate because I had travelled all
the way to Nairobi and I finally asked them why they are working as a rural Sacco.
We understand that there is credit life insurance but I do not comprehend how they got a figure
of 200, 000 shillings. The other banks are giving half percent. If you multiply that with the
principal amount and the number of years, that cannot go up to a third of that amount. I am
worried because this is negotiable. Did CASB know that we had to pay this amount of money? If
they knew and they never told us then it will be very serious for this assembly. It means that
there is collusion between the CASB and chase bank. I calculated this money and it is amounting
to 10 million shillings. It means that somebody somewhere wants to eat from our pocket.
It was a privilege to pay this money at 3% but with that kind of payment for insurance then it is
better for us to go to a commercial bank without even going through the CASB. We would like
to see that memorandum of understanding. It should be provided to us through the relevant
committees and this must be investigated because we cannot understand. We are supposed to
enjoy parliamentary privileges but not to be harassed.
(Hon. Kimani stands on a point of order)
Hon. Kimani: Mr. Speaker, I would like you to guide id because you allowed us to debate on
this issue but the member is asking for documents. I find it not relevant for this motion to
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
continue as a statement. I should be a motion so that we can be in a capacity of asking for that
document.
Speaker:Very clear hon. Kimani. Hon. Members you put me in another quagmire that this
statement be turned into a motion. However the standing order is very clear that is standing order
80, I need more interpretation from the clerks. By the indulgence of the assembly a member may
explain a matter of personal nature although there is no question before the assembly but such
matter may not be debated. This means that to some extent it may be debated. You are debating
and you can say whatever you want to say when you are debating. Proceed hon. Muchiri.
Hon. Muchiri: Mr. Speaker because you allowed us to debate on this matter then it means that
you will make ruling from the debate. The Speaker allowed us to debate it is only that the
allowed limited number of members to debate. We can therefore ask for documents and the
Speaker can even committee this to a sectoral committee. As I finalize, request that after the
three members have contributed, allow this to be a motion.
Hon. Kagiri: I will take two minutes. I think this is our right and we cannot allow our rights to
be raped in turns by the CASB and chase bank while we watch.
(Applause)
This is not acceptable. I will not narrate what I have gone through with chase bank, but we keep
on signing documents and after calling we are told to check our accounts but when you go to the
bank to ask whether they have cleared the loan, you find that it has not been cleared. When you
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
go to chase bank you are told to check the money on another different day. This has become a
hide and seeks game. It is either that the person we have mandated to do this is incompetent or
there is something hidden. We should say enough is enough of the board cannot do it for us. We
are not supposed to go and chase our money there when we have a body to do that.
Hon. Kamoche: I have few remarks in order to shed light to this House. I will refer you back to
the constitution of this country section 27 that states very clearly the equality and freedom. It is
discrimination when we are paying a very heavy penalty in insurance. No one is above the law.
The, members should bring a motion to discuss this as a matter of importance and a matter
urgency. Even the courts discuss matters of urgency. The committee of this House can summon
any person and ask for any document as provided for in article 195 of this constitution and there
is no other law that I above the constitution of this country. I have observed that there is
somebody who is gambling with us. I mentioned that and the mood was not very good but that is
a reality. Hon. Kamoche cannot be paying 230,000 shilling while hon. Kieru is paying 35,000
shillings. It is not known where 10 million is going. I beg that the House be adjourned and then
we bring a motion as a matter of urgency.
Speaker: Hon. Kamoche you are out of order how can you beg that the House be adjourned.
Hon. Kibebo
Hon. Kibebo: I have information on this matter that I touching on every member of this House. I
agree with the members that that money is being deducted. I contacted chase bank Nakuru and I
talked to a Kamau who referred me to another person whose phone number I have. He told me
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
that we are supposed to be deducted that amount. I told them that when we were filling the forms
we were not aware of this. He told me that the CASB signed that form and therefore we shall be
deducted that amount. I told him that the members are very bitter about it. I am giving the truth
of the matter. I want the Hansard to capture this. I called him at 10:13:47 pm on 30th June 2014.
(Hon. Kamoche rises on a point of order.)
Hon. Kamoche: I am rise on a point of order 31; a member may with stated reasons seek leave
that this House adjourns. The mood of the members is not good and I ask for a leave to adjourn
the House.
Speaker: Hon Kamoche you are out of order. The Speaker I allowed to proceed with the debate
and the House will not adjourn. Proceed hon. Kagwe.
Hon. Kagwe: Thank you Mr. Speaker and I rise to echo the sentiments of the other members.
You can hide a pregnancy after the nine months you cannot hide it. We understand that the
CASB has deposited as much a 205 million to chase bank. If you calculate what the members are
going to get you find that the members will go home with about 160 million shillings. The 60
million differences will be held by chase bank for 3 years to do business. The CASB knew that
about 60 million will be held by chase bank as a security for the loans. Which bank act that says
that once you give the bank acid money, that there is a guarantee or insurance to grantee the
money that you have given? How can you give somebody money and then you insure it? There
is no logic in this. I agree with the members that what is being done is being done behind the
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
curtains and we need to unveil this. When I hear this I called a Member of the national assembly
who are not subjected to this and they enjoy the privileges. How is Nyandarua different from the
national assembly? If I have 1million today and I deposit with Nyandarua teachers’ Sacco and I
service my account for four months, I will be allowed to get a loan ten times of the 1 million
without conditions. There are those people who need to be held accountable and we need a
statement from the CASB. We have other people out there who can do things and follow
procedure. I donate one minute to hon. Ngotho.
Speaker: Hon. Ngotho I hope that you are going to stick to one minute.
Hon Ngotho:I will take one minute. Thank you Mr. Speaker sir, the reason one takes insurance
is to cover a probable risk. This is the money of the county assembly of Nyandarua and we
deposited it in a bank, then we have requested Hon. Kirumba to go and take the same money, the
risk is 0% and therefore the insurance is 0%, which is basic knowledge. There is a principle of
insurance called at most good faith. These people are working in cahoots and I am not going to
fear saying so.
As Hon. Kamoche has said, the CASB and Chase bank are working in cahoots to deprive the
forty members of the county assembly of Nyandarua what is genuinely theirs. I don’t believe that
any member has been shown the agreement between Chase bank and CASB. Our loan was about
3 % and when you include insurance it rises 3.7% and that is not what we were told, we were
told its 3%. Someone is lying and therefore we should throw them out and we should not be
afraid.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
Today I listened to the senator of Laikipia saying that MCA’S are misusing money, who are
these and I didn’t even use even a coin. I wish this came under Standing Order 50 because we
could have acted here and now. We could have said we don’t have faith in the CASB of
Nyandarua and we could have moved a motion of censorship. Mr. Speaker sir, Under Standing
Order 51 that is a motion of privilege does not need to be given notice. I wish the honorable
members would move a motion of no confidence against the CASB of Nyandarua.
Speaker: Honorable members remember that I allowed under Standing Order 80 that we have a
debate on a personal statement raised by an honorable member of this House, so honorable
members under the Standing Order 80 we are privileged to debate as we have done. Now it has
been made clear by honorable members of this House, by the end of the day the chair will make
a ruling. If we go to the Standing Order 150 (l) the House business committee is mandated to
address all matters pertaining to powers and privileges and this debate is under powers and
privileges.
Therefore honorable members the House business committee will take charge and investigate the
issue of the car loan and mortgages. Remember honorable members we passed regulations of car
loans and mortgages in this House, the House business committee was mandated to look at this
issue and they came with a memorandum of understanding between the CASB and the Chase
bank. They should investigate what is going on up to this point. Remember also that there will be
a committee to be adopted in this House and it was directed to the Legal and Public Service
committee to look at that matter. This matter could have been taken to the welfare committee and
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
since we don’t have a welfare committee in this House, the other committee mandated to look at
this matter is House business committee. It doesn’t matter if the Speaker is the chair of that
committee; Hon. Kirumba is a member, Hon. Ngotho is a member. Therefore the House business
committee takes charge and I beg to stop there.
Next order
Clerk: Motion of adoption by the committee on lands, housing and physical planning on the re
planning of Mikaro township.
(Hon. Kagwe rises on a point of order.)
Speaker: Point of order Hon. Kagwe.
Hon Kagwe: Thank you Mr. Speaker sir I rise on a Standing Order 51 (h) where we can raise a
motion without being given a notice. We felt that it was prudent having ascended on the mood of
this House …
Speaker: Hon. Kagwe we have discussed this issue. If you wish to come up with a motion write
a notice of motion because already I have made a ruling on that personal issue of Hon. Kirumba.
I beg the House to obey and we proceed from that point.
Next Order
Clerk: Motion of adoption of the report by the committee of Land, Housing and physical
planning on re-planning of Mikaro town.
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Motion on Illegal employment of Stall in the Defunct Ol’kalou Town Council By Hon. Kagwe and Kirumba’s Statement
(Members walk out of the chambers)
Hon. Muchiri: Mr. Speaker there is no quorum
(Hon. Rahab takes the Speaker’s chair)
Speaker: Clerks confirm whether there is quorum.
Clerk: There is no quorum madam Speaker.
Speaker: So the bell to be rang for ten minutes
(Bell rings for 10 minutes)
Speaker: Under Standing Order 34 (2) having no quorum this House is adjourned until 2.30pm
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