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Siaya County Assembly Hansard 2013

This document provides an overview of the leadership and members of the Siaya County Assembly in Kenya for their 2013 session. It lists the Speaker, Deputy Speaker, and party leaders. It then provides a table with the names of all 51 county assembly members, the wards they represent, and their political parties. The document establishes the context and key participants for debates and proceedings at the Siaya County Assembly during this time period.

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0% found this document useful (0 votes)

183 views249 pages

Siaya County Assembly Hansard 2013

Uploaded by

Abongile Phinyana

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

1

2013 COUNNTY ASSEMBLY OF SIAYA DABATES

REPUBLIC OF KENYA

SIAYA COUNTY ASEEMBLY

DEBATES OF THE COUNTY ASSEMBLY OF SIAYA

THE HANSARD

2013 HANSARD REPORTS

Thursday, 18th April to Tuesday, 10th December, 2013

………………………………………………………………………………..............................

1ST ASSEMBLY 1ST SESSION

…………………………………………………………………………………………………..

LEADERSHIP OF THE COUNTY ASSEMBLY OF SIAYA

Hon. George Owino Okode - Speaker

Hon. Stephen Ouma Adera - Deputy Speaker

Hon. Edwin Martin Otieno - Leader of Majority

Hon. Charles Omollo Owii - Deputy Leader of Majority

Hon. John Ombewa Gare - Majority Whip

Hon. Booker Otieno Minami - Deputy Majority Whip

S Mrs. Dorothy Ayoma Owiro - County Assembly Clerk

SPEAKER’S PANEL

1. Hon. George Owino Okode - chairperson

2. Hon. Stephen Ouma Adera - vice chairperson

3. Hon. Silivester Madialo - member

4. Hon. Jared Abayo - member

5. Hon. Lorna, A, O. Adida - member

PARTIES OF THE ASSEMBLY

1. ODM

2. FORD KENYA

3. NVPK

MEMBERS AND THEIR PARTIES

NO COUNTY ASSEMBLY MEMBER WARD

PARTY
1. HON. GEORGE OKODE SPEAKER

2. HON. STEPHEN OUMA KADERA UGENYA WEST

ODM
3. HON. LORNA ACHIENG ADIDA NORTH SAKWA
ODM
4. HON. JOSEPH OMONDI AGOKO SIDINDI
ODM
5. HON. CHRISTOPHER APIYO APIYO SOUTH UYOMA
ODM
6. HON. JOSEPH AWUOR OLUOCH YALA TOWNSHIP
ODM
7. HON. JOHN OMBEWA GARE WEST SAKWA
ODM
8. HON. SYLVESTER OTIENO MADIALO USONGA
ODM
9. HON. BOOKER MINAMI OTIENO EAST GEM
ODM
10. HON. PETER ODUOR MUHULA WEST ALEGO
FORD KENYA
11. HON. JAMES ODHIAMBO MUNDA WEST ASEMBO
ODM
12. HON. ERIC ODUYA NDONJI EAST UGENYA
ODM
13. HON. WILLIS OKOTH OCHIENG WEST YIMBO
ODM
14. HON. JOANNES ODONGO ANDIEGO CENTRAL SAKWA
ODM
15. HON. PIUS OGUTU OMBIYO NORTH ALEGO
ODM
16. HON. ELISHA OMONDI OKUKU YIMBO EAST
ODM
17. HON. ANDREW OMOLLO OMWENDE SIGOMERE
ODM
18. HON. SHABAN OMAR UGENYA NORTH
ODM
19. HON. MATHEWS ODENY ONDURU WEST UYOMA
ODM
20. HON. JARED ONYANGO ABAYO WEST GEM
ODM
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4
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
21. HON. LEORNARD OTIENO ORIARO CENTRAL ALEGO
NVPK
22. HON. JOSHUA OWITI OSURI SOUTH EAST
ALEGO ODM
23. HON. JAMES OBIERO OTARE SIAYA TOWNSHIP
ODM
24. HON. EDWIN MARTIN OTIENO UGUNJA TOWNSHIP
ODM
25. HON. PETER OMBEE LOLWE SOUTH GEM
ODM
26. HON. CHARLES OMOLLO KOWII ASEMBO EAST
ODM
27. HON WILLIAM OWITI ANGUL ASEMBO EAST
ODM
28. HON. NICHOLAS AYIMA WERE NORTH GEM
ODM
29. HON. FRED ODHIAMBO OUDA CENTRAL GEM
ODM
30. HON. NICHOLAS OCHIENG ANEME SOUTH SAKWA
ODM
31. HON. JACKTONE OUMA ODINGA UKWALA
ODM

NOMINATED MEMBERS OF COUNTY ASSEMBLY

32. HON. CONSLATA AJWANG
ODM
33. HON. ANASTANCIA AKINYI AUGO
ODM
34. HON. PAMELA AKINYI MIDUMBI
ODM
35. HON. SYLIVIA AKOMO MIGAYA
ODM
36. HON. PAMELA JANE NGURE
ODM
37. HON. BEATRICE AWINO OBONDO
ODM
38. HON. ROSEMARY OGUTU
FORK KENYA
39. HON. WALTER OCHIENG OKELLO
ODM
40. HON. MARGARET ADHIAMBO
OKETCH ODM

41. HON. ROSE ATIENO OKITE

ODM

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5
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
42. HON. SELA AKINYI OKWAKO
ODM
43. HON. ZILPA AWINO OMONDI ODM
44. HON. TERESA AKUMU OSORE ODM
45. HON. HILDA ACHIENG OTIENO ODM
46. HON. MAUREY OUKO ASEWE ODM

47. HON. KESIA ATIENO SIWA

ODM
48. HON. ANGELINE ACHIENG
ODHIAMBO ODM

49. HON. MARGARET ODIMA OLONGO

ODM

COMMITTEES

SECTORAL COMMITTEES

HEALTH

Hon. Mathew, O. Onduru - Chairperson

Hon. Nicholas Ayima Were - Vice Chairperson

Hon. Edwin Otieno Martin - Member

Hon. John gare - member

Hon. Charles Owii - member

Hon. Jack Odinga - member

Hon. Rose Otieno Okite - member

Hon. Maurey Asewe Ouko - member

Hon. Sylvia Akomo Migaya - member

Hon. Anastansia Augo - member

Hon. Margaret Olongo - member

EDUCATION, YOUTH AFFAIRS, GENDER AND SOCIAL SERVICES

Hon. Andrew Omwende - vice Chairperson

Hon. Joshua Owiti Osuri - member

Hon. Charles Omollo Owii - member

Hon. Eric Oduya Ndonji - member

Hon. Booker M, Otieno - member

Hon. Walter Ochieng Okello - member

Hon. Zilpa Awino Omondi - member

Hon. Nicholas Were - member

Hon. Rosemary Adhiambo - member

Hon. Mary, C, Ajwang - member

PUBLIC WORKS, ROADS, TRANSPORT AND COMMUNICATION

Hon. Benson, O, Omondi - chairperson

Hon. Christopher Apiyo Apiyo - vice chairman

Hon. Pius Ombiyo Ogutu - member

Hon. Joannes andiego - member

Hon. Booker otieno - member

Hon. Andrew omwende - member

Hon. Edwin martin - member

Hon. Margaret odima olonga - member

Hon. Pamela akinyi midumbi - member

Hon. Maurey Ouko Asewe - member

Hon. Helida Akinyi - member

Hon. Elisha, A. Okuku - Chairperson

Hon. Peter Lolwe Ombee - vice Chairperson

Hon. Christopher Apiyo Apiyo - member

Hon. Nicholas Were - member

Hon. Joseph Agoko - member

Hon. James, O. Munda - member

Hon. Mathew Onduru - member

Hon. Hilda Achieng Otieno - member

Hon. Teresa Akumu Osore - member

Hon. Pamela Jane Ngure - member

Hon. Pamela Midumbi - member

PUBLIC ADMINISTRATION AND GOVERNANCE

Hon. Joseph, O. kawuor - Chairperson

Hon. Joshua, O. Osuri - vice Chairperson

Hon. Peter Muhula - member

Hon. Nicholas Aneme - member

Hon. Fred Ouda - member

Hon. James, O. Munda - member

Hon. Mary Consolata Ajwang - member

Hon. Kesia Atieno Ouko - member

Hon. Anastancia Akinyi Ouko - member

Hon. Sella Okwako - member

Hon. Angeline Achieng Odhiambo - member

TRADE, INDUSTRY, LABOUR AND FISHERIES

Hon. James, O. Munda - chairperson

Hon. Eric, O. Ndonji - vice chairperson

Hon. Nicholas Were - member

Hon. John Gare - member

Hon. Willis Ochieng - member

Hon. Peter, O. Lolwe - member

Hon. William Angul - member

Hon. Kesia Atieno Siwa - member

Hon. Angeline Ochieng Odhiambo - member

Hon. Beatrice Obondo - member

Hon. Teresa Osore - member

TOURISM CONSERVATION, WILDLIFE AND INFORMATION

Hon. Jared Abayo - Chairperson

Hon. Nicholas aneme - Vice Chairperson

Hon. John gare - member

Hon. Elisha okuku - member

Hon. James obiero otare - member

Hon. Benson onyango - member

Hon. Joseph Agoko - member

Hon. Anastancia Achieng Ouko - member

Hon. Mary Consolata Ajwang - member

Hon. Silvia Migaya - member

AGRICULTURE, LIVESTOCK AND COOPERATIVE DEVELOPMENT

Hon. Joseph Agoko - Chairperson

Hon. Willis Ochieng - Vice Chairperson

Hon. Mathew, O. Onduru - member

Hon. Joshua, O. Osuri - member

Hon. Eric Ndonji - member

Hon. Peter Lolwe Ombee - member

Hon. Pius Ombiyo - member

Hon. Zilpa Awino Omondi - member

Hon. Rosemary Odhiambo - member

Hon. Rose Okite - member

Hon. Kesia Siwa - member

LAND PHYSICAL PLANNING, SURVEYING AND HOUSING

Hon. James Obiero Otare - chairperson

Hon. Joannes Andiego - vice chairperson

Hon. Christopher Apiyo Apiyo - member

Hon. Willis Ochieng - member

Hon. Joseph Oluoch kawuor - member

Hon. Charles Omollo Owii - member

Hon. Leonard Oriaro - member

Hon. Peter Lolwe Ombee - member

Hon. Fred Ouda - member

Hon. Beatrice Awino Obondo - member

SELECT COMMITTEES

COUNTY ASSEMBLY BUSINESS COMMITTEE

Hon. George owino okode (Speaker) - Chairperson

Hon. Stephen, O. adera - vice Chairperson

Hon. Edwin, M. Otieno - Leader of Majority

Hon. John Gare - member

Hon. James, O. munda - member

Hon. Andrew Omollo Omwende - member

Hon. Erick Oduya Ndonji - member

Hon. Joseph Awuor - member

Hon. Peter Muhula Odour - member

Hon. Willis Ochieng - member

Hon. Lorna a, O. Adida - member

Hon. Margaret Oketch Adhiambo - member

Hon. Zilpa Omondi - member

SELECTION

Hon. Edwin Otieno Martin - chairperson

Hon. John Gare - vice chairperson

Hon. William Owiti Angul - member

Hon. Joseph Agoko - member

Hon. Jack Odinga - member

Hon. Joshua, A. Owiti Osuri - member

Hon. Elisha Okuku - member

Hon. Booker Otieno - member

Hon. Charles Omollo Owii - member

Hon. Pius Ogutu Ombiyo - member

APPOINTMENTS

Hon. George Okode - Chairperson

Hon. Stephen Ouma Adera - vice Chairperson

Hon. Edwin, M. Otieno - Leader of Majority

Hon. John Gare - Chief Whip

Hon. Benson Otieno Omondi - member

Hon. Christopher Apiyo Apiyo - member

Hon. Joannes Andiego - member

Hon. Sylvester Madialo - member

Hon. Jared Abayo - member

Hon. Lorna Adida - member

Hon. Sela Okwako Akinyi - member

APPROPRIATIONS, FINANCE, PLANNING AND VISION 2030

Hon. Jack Odinga - Chairperson

Hon. Peter Muhulah - vice Chairperson

Hon. Joseph Oluoch kawuor - member

Hon. James Obiero Otare - member

Hon. Jared Abayo - member

Hon. Sylvester Madialo - member

Hon. William Angul - member

Hon. Margaret Adhiambo Oketch - member

COUNTY PUBLIC INVESTMENTS AND ACCOUNTS COMMITTEE

Hon. William Owiti Angul - Chairperson

Hon. Fred Odhiambo - vice Chairperson

Hon. Nicholas Aneme - member

Hon. Jactone Odinga - member

Hon. Leonard Oriaro - member

Hon. Pius Ombiyo - member

Hon. Booker Minami Otieno - member

Hon. Elisha Okuku - member

Hon. Beatrice Awino Obondo - member

Hon. Mary Asewe Ouko - member

Hon. Pamela Ngure - member

COUNTY ASSEMBLY PRIVILEGES, PROCEDURES AND RULES

Hon. George Owino Okode - Chairperson

Hon. Stephen Ouma Adera - vice Chairperson

Hon. Pius Ogutu Ombiyo - member

Hon. Charles Owii - member

Hon. Joannes Andiego - member

Hon. Joshua Owiti Osuri - member

Hon. Pamela Jane Ngure - member

Hon. Sylvia Akomo Migaya - member

COUNTY COMMITTEE ON DELEGATED COUNTY LEGISLATION JUSTICE

AND LEGAL AFFAIRS

Hon. Sylvester Madialo -Chairperson

Hon. Booker Otieno - vice Chairperson

Hon. Fred Odhiambo Ouda -member

Hon. Andrew, O. Omwende -member

Hon. Stephen Ouma Adera -member

Hon. Hilda Achieng Otieno -member

Hon. Pamela Akinyi Midumbi -member

Hon. Walter Ochieng okello -member

Hon. Teresa Akumu Osore -member

WELFARE COMMITTEE

Hon. Joannes Andiego - chairperson

Hon. Mary, C. Ajwang - vice chairperson

Hon. Edwin, M. Otieno - member

Hon. John Gare - member

Hon. Stephen kadera - member

Hon. Benson Onyango - member

Hon. Margaret Oketch - member

Hon. Pamela Midumbi - member

Hon. Beatrice Obondo - member

Hon. Christopher Apiyo Apiyo - member

IMPLEMENTATION

Hon. Leonard Oriaro - Chairperson

Hon. Pius Ombiyo - vice Chairperson

Hon. Peter Muhulah - member

Hon. Angeline Achieng Odhiambo - member

Hon. Rosemary Adhiambo - member

Hon. Rose Atieno Okite - member

Hon. Walter Okello - member

LIAISON

Hon. Stephen Ouma Adera - Chairperson

Hon. Edwin Martin Otieno - member

Hon. Jack Odinga - member

Hon. William Owiti Angul - member

Hon. Sylvester Madialo - member

Hon. Mathews Onduru - member

Hon. Lorna Adida - member

Hon. Benson, O. Omondi - member

Hon. Elisha, O. Okuku - member

Hon. Joseph kawuor - member

Hon. James, O. Munda - member

Hon. Joseph Agoko - member

Hon. James Obiero Otare - member

Hon. Leonard Oriaro - member

Hon. Geogre Okode - member

Hon. John Gare - member

Hon. Joannes Andiego - member

COUNTY ASSEMBLY SERVICE BOARD

Hon. George Owino Okode (Speaker) -Chairperson

Hon. Edwin Martin Otieno (Majority Leader) -vice Chairperson

Hon. Margaret Aoko Olale (4th member) -member (public Interest)

Ms Dorothy Owiro (CAC) -secretary

REPUBLIC OF KENYA

SIAYA COUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Thursday, 18th April, 2013

[The Speaker (Hon. Okode) in the Chair]

OFFICIAL OPENING OF THE COUNTY ASSEMBLY OF SIAYA BY THE

GOVERNOR

Hon. Speaker (Okode): As we remain prayers and your interceding may your grace
standing, let’s have a word of prayer from and power be upon us as you see is most for
the clergy. our good and in accordance with your will.
Clergy: Lord Jesus Christ, as members Oh God our Father, you meant people to
of your body, you have made us also live as brothers and sisters. Take from us all
members of one another and of this County. hatred, suspicion, fear and distrust and draw
Help us now by the aid of the Holy Spirit to us into a closer fellowship one with another.
forget ourselves and to fill the burden of Show us how to use the freedom you have
other’s needs. Then Oh Lord through our given us for the establishment of your
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Certified version of this Report can be obtained from the Hansard Editor.
17
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
kingdom in this County and make us County Assembly seating out of your free
instruments of your peace in our homes, in will.
our neighborhood and in our County. Your presence has greatly donated
Lord God, You want the well being of the colour, pomp and zeal that is the very
people and not their distraction. Take all fundamental ingredient that makes this
violence from our minds and extinguish occasion a remarkable day to the people of
hatred in our hearts. Cab the passion in us Siaya County. Secondly, we are
that makes us weak and seek each other’s congratulating you sincerely for the election
lives and give peace on earth and on this of these honorable offices that you hold.
County to us and to all human kind. And us The campaigns were grueling, financially
we pray for this Assembly. Almighty God, depleting and energy consuming, always
we come together this day in the service of kept you in constant competition with your
your County as members with thanksgiving family time.
and all that you have been doing in our lives I salute you for winning hearts of
to prepare us for this County and to seek your people to be here because you deserve
your guidance in the elections which took to be here. Not on your own behalf but on
place. We pray that this may be something behalf of the people you represent. The
not just over business meeting but rather an irony of competitive politics, however, is
occasion when we receive fresh that when you escape elections unscratched
encouragement in our work. Catch our you emerge victorious; the opponents are
elevation of your purpose and delegate always hook eyed waiting to attack
ourselves new to your service. anytime. At the same time the people’s
We pray for the Speaker that you give expectations increase in heights every
him wisdom to direct and rule this passing day.
Assembly. We pray for the Governor who On this premise, I wish you the very
will be working in this County for its best and my unwavering support your
prosperity. Bless us all, through Jesus sterling performance on course to a level
Christ our Lord. Amen. that your people will be so ready to at once
Hon. Speaker: May you take your get you [Link] your best take you
seats. Your Excellency, the governor of forward.
Siaya County, your deputy, distinguished To your competitors, the worthy
team, honorable Members of Siaya County, competitors, I have this message for them.
the clergy, representatives of the transitional You are still welcome to serve the people of
authority, invited guests and other County Siaya from your various standmgj points.
Assembly staff; you are most welcome to You don’t have to be in this Assembly to
this historical opening of the first County buy shoes for the orphans or pay their fees.
Assembly of Siaya. Your attendance will go You don’t have to be in this Assembly to
down in history not just as mere participants hold fundraising for your African
but as the first participants in the first independent church whose roof has just been
blown. You still have something to play in

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Certified version of this Report can be obtained from the Hansard Editor.
18
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
building this County. But I have a message directly or through their democratically
for you as the people who were not elected representatives. As a matter of fact
successful that uncalled for criticism is not this House will go out of its way to do more
the way, for the Kenyan people have no time than mere legislation and oversight. We will
for heating below the belt. partner with other stake holders to bring
Honorable members, distinguished development to our people. We want to be
guests article 176 of our constitution innovative in our approach and the end will
establishes the County government, justify the wings.
consisting of County Assembly and the Your Excellency, this House will put
County executives, you will agree with me your administration to account on behalf of
that this provision does not separate us. The people of Siaya. This House will put your
two arms must work in consultation and actions in check not as a hobby but as a
independently, walk together with the Siaya duty. Not in pursuit of cheap publicity, not
people, to deliver together for the Siaya for witch-hunt, but because the people of
people. There is no executive Siaya nor Siaya want us to do so if we want to realize
there is no legislative Siaya but we have the the common dream of making Siaya the
County of Siaya. County to be. In doing so I can assure you
The only other Siaya I know about in we will be decent in our approach,
the social circles in the United States of honorable in our tone and distinguished in
Siaya, popularly USA which translates into our style because we have to be reasonable
the distinguished people of Siaya County. we have ourselves as elected leaders and
That is the only Siaya that we must serve reasonable in our constituents. Honorable
every time, all the time. All our energies members, our in tray is already full and this
and strength must focus on delivering honorable House is raring to go. We have
efficient and prompt services to the people put in place the instruments that will work
of Siaya. with the executives.
As Siaya County we will either win Today we have constituted
together or fail together. For together we appointment committee. It is in place and it
stand and divided we fall. As Siaya County will vet nominees from the executive. We
Assembly, we will do our legislative role, have put in place the committee on
and oversight role without fear or favour. selections which will put or nominate the
We know that this is a role that is not on rightful persons into the relevant committees
loan but a duty bestowed upon us by the that will go a long way in helping this House
constitution of Kenya and reinforced with and the executive deliver its mandate.
various other pieces of legislation in this We have also put in place the
beloved country. officers that we require that the leader of
Article 1(2) of our constitution majority, the chief whip and their deputies.
grants Kenyan people and for that matter We have in place the business the County
the people of Siaya, the indivisible power to Assembly business committee that will plan
exercise their sovereign power either for this House. And we urge the executive

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Certified version of this Report can be obtained from the Hansard Editor.
19
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
to move with speed to do its bit for time is As of that date, you have been
of essence. We want the executive to entrusted with the significant responsibility
submit the budget estimates and the list of to serve the general interest of the people of
appointees as soon as possible. For the this County. I am deeply moved by the high
people of Siaya want services as soon as honour the people of Siaya have accorded to
yesterday and today is already too late. As a you as the first members of this County
House we have our challenges ranging from Assembly. As much as we may belong to
lack of ward offices from where to different political affiliations, our role is
effectively serve our people in adequate now to unite and contribute to the
infrastructure and numeration but we will sustainable development of this County and
tackle them step by step, office by office. Kenya in general.
Of priority to this House now is service to Since my installation as governor, I
the people. have had privilege of meeting with people
Today is the official opening of from all walks of life, committed to doing
Siaya County Assembly. The business their part in nation building, dedicated to the
before us today is to share with the governor course towards helping build a stronger and
his legislative agenda for Siaya County. We better Siaya County. My conversations with
shall be glad to listen in silence today and these persons have revalidated by conviction
discuss it in the coming days, line by line to of the potential of this remarkable County.
avoid misunderstanding and to appear to be Through my discussions with these
reading from the same script. persons I have learned that regardless of age
Ladies and gentlemen we have or affiliation, people are looking both to the
talked and speeches have been read, executive and County Assembly to create an
promises have been given. I know welcome enabling environment for opportunity to
you all to work hard to build this County. succeed. This is the basic reason for this
For the people out there want nothing other gathering and the coming sessions of this
than prompt and efficient services. Thank Assembly. I have no doubt on your future
you all and may God bless you. performance both in this House and outside.
To that end may I have the pleasure I therefore wish you God’s blessings and
to invite the Governor! success as we start this journey.
The Governor (His Excellency, Mr. Speaker, Siaya County consists
Hon. Rasanga): Hon. Speaker, all members of six sub-counties namely Alego-Usonga,
of the County Assembly, the County Bondo, Gem, Rarienda, Ugenya and Ugunja,
Assembly staff present, National and County each with wards. Siaya County has a total
Government staff present, distinguished of 30 wards which are all represented in this
guests, ladies and gentlemen. It gives me Assembly. I am however aware that a fully
great pleasure to address this August House, constituted County Assembly should include
today as we mark the start of the first sitting nominated members which have not been
of Siaya County Assembly since it became a done.
County within the Republic of Kenya on 4th
March, 2013.
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20
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Taking cognizance of unique Both the constitution and the County
resources and our diversity, it is important government act provide us with the blueprint
that governance, planning and budgeting and for a government organization worthy of our
the general community development County. We must therefore, move with
encourage participation. Thus as the haste to establish structures that respect
government of Siaya County takes definite separation of powers, determine the optimal
shape, it is clear that the governance cycle human capital that is needed to discharge
must be one of delegated authority and our mandate. Such include the
accountability. Processes must be establishment of County public service
transparent internally and externally to the board, County executives committee,
citizens. This holistic approach not only County Assembly service board, County
improves the physical environment but also administrative structures up to the village
enhances the welfare of the people living in level and the attendant technical staff.
the communities. These are constitutional
Our diversity requires that we have a responsibilities which I wish to reiterate that
common identity. Consequently, in line I will strive as I said on oath to preserve,
with article 4 of the County governments protect and defend not just in word but also
act, 2012 on County symbols, I will submit in spirit. I therefore look upon you to make
to this County Assembly a bill on the necessary legislation to make these a reality.
County flag, County court of arms and the Mr. Speaker, the constitution
County public seal for enactment. provides for a transition period of three
Mr. Speaker, the objectives of years. During this period, functions will be
devolution are: promote democratic and transferred to this County as consistent with
accountable exercise of power, foster the fourth schedule on the basis of readiness
national unity by recognizing diversity to to perform those functions. While it would
give powers of self governance to the people have been proffered that all these functions
and enhance their participation to recognize be transferred immediately, this cannot be so
the right of communities to manage their until we put in place structures and financial
own affairs and to further their development frameworks that guarantees quality service
to protect and promote the interest and rights delivery to the citizens. We must therefore
of minorities and marginalized communities. develop a framework for the comprehensive
To promote social and economic and effective transfer of functions as
development and the provision of proximate provided for under section 15 of the sixth
easily accessible services to the citizens, to schedule of the constitution.
ensure equitable sharing of national and Mr. Speaker, the performance of
local resources throughout Kenya, to these functions will come at a [Link]
facilitate the decentralization of state organ which will have to be managed efficiently. It
and to enhance checks and balances and the is imperative that we put in place financial
separation of powers. systems to effectively mobilize resources
locally, nationally and internationally. At

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Certified version of this Report can be obtained from the Hansard Editor.
21
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the local level, the County should enhance a durable weather proven economic
revenue generation by reviewing all sources infrastructure compromised of adequate
with a view to harmonizing them, housing, a good road network, adequate
strengthening collection, enhancing lighting, proper drainage and efficient waste
compliance and where necessary stamping disposal.
out those that may be punitive to general The development act plan should
public. give critical consideration to programmes
At the national level, there is 15 that contribute to employment and poverty
percent minimum shareable fund as reduction. Priority will be given to
provided for the constitution and the programmes such as agricultural and
devolved funds such as constituency level. livestock production, health, education,
In addition, my government will explore infrastructure, trade and industry. Other
public-private partnership (PPPS) as a way areas that are on concern include water and
of funding development programmes. tourism, environmental and sanitation, youth
At the international level, my and women development, gender parity,
government will explore donor funding and social safety net and sports.
bringing on board the Diasporas to augment Further it is noted that there is need
our meager resources. It is worth noting that to develop County statistics on the various
the County governments can also borrow to sectors to help in planning process.
meet financing gaps and such borrowings to Statistics will help us determine by how
be guaranteed by the national government. much we are growing the economy of this
My government will strive to explore ways County. In this regard my government will
and means to attract investors to help us work closely with Kenya National Bureau of
realize the vision on job creation and Statistics to develop a statistical bulletin for
reduction of poverty. I will therefore the County.
recommend bills on these proposals for We look forward to this House to
consideration by this Assembly. come up with frameworks to fast track the
Mr. Speaker, Siaya County at the development of these sectors.
moment does not have a long term Mr. Speaker, towards the realization
development plan defining programmes to of our full potential as a County, a sense of
be implemented in the next five years. This peace and safety for residents and visitors is
is no small undertaking as it will require critical. Government’s objective is to fight
broad private sector input and support. for a crime-free Siaya County, where law
Through the development plan, my enforcement exudes confidence and citizens
government will promote economic growth consider it their social duty to do their part
through investment in public programs by in fighting crime. Crime against any
creating an enabling environment for resident or visitor is a crime against Siaya
business development. To support its socio- County. Our role therefore will be to work
economic development, it is essential that together with the National Police Service
Siaya County invests in the maintenance of Commission apparatus to enhance security

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
as per the constitutional provisions for economic foundation. Cognizant that it
purposes of development. We will therefore cannot accomplish this alone, my
recommend bills to this House aimed at government invites all to participate in the
bolstering security in this County. execution and pursuit of its vision for a
Mr. Speaker, related to crime is the better and stronger Siaya. It is my vision
issue of corruption which stifles that through concerted effort along the lines
development. To ensure that service identified, we can grow the economy of
delivery in not compromised, those who will Siaya County by 10 percent annually.
be identified to serve in any capacity in the Mr. Speaker, my government will
public service of Siaya County will be also seek cooperation in a special way with
subjected to chapter six of the constitution. the counties that share Lake Victoria with
We must face the dragon of corruption head the intention to have common management
on and act swiftly wherever this is detected. strategy. Critical in this case is the issue of
In this regard, we will cooperate with fishing, environmental management and
governance institutions in this County to the water hyacinth management.
extent possible to make Siaya County graft Mr. Speaker, in an effort to ensure
free. The governance institutions envisaged community participation in the development
include the Commission of Administrative process of this County, I wish to inform this
Justice (commonly known as Ombudsman), House that Stakeholders’ Forum on budget
Ethics and Anti-Corruption Commission for financial year 2013/2014 is scheduled to
amongst others. take place on Tuesday the 23rd April, 2013
Mr. Speaker, as my government at Mwisho Mwisho hotel, Siaya. The Forum
pursues its policy plans it shall broaden its will be used to prioritize programmes to be
scope as made possible by the constitution. implemented in the next financial year
Siaya County will diligently pursue beginning 1 July 2013. The budget
cooperation with fellow counties, national estimates to be submitted to County
government and development partners. Assembly by 30 April, 2013. All elected
Critical in these is the expansion of horizons leaders, professionals, business
in terms of new investments and assistance communities, government ministries,
as we set about to build a strong foundation department and agencies (MDAs), the
for our County. In conformity with the private sector and the general public have
constitution, cooperation will be guided by been invited to attend. It is my humble
the Inter-Governmental Relations act 2012. request that the Hon. Members of County
I therefore wish to appeal to you all to Assembly will take this advantage to raise
utilize the provisions of this Act to enable issues affecting their wards in the forum for
this County forge ahead. solutions in the next financial year. The
With the outlined vision and policy occasion will be graced by me.
measures the government plans to create We also plan to host professional
hope and opportunity for all residents of conference to engage our sons and daughters
Siaya County based on a sound social and on development agendas suitable and

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
compatible with Vision 2030 and beyond for County secretary and chief officers of the
our County on 10 May, 2013 and to be County public service, appointment of a
followed closely with investors forum on clerk to the Assembly and representing the
24th may 2013 both to be hosted at the electorate in the governance.
Jaramogi Oginga Odinga University of My government looks to you as
Science and Technology. political representatives of the people for
Mr. Speaker, it is the role of the your participation and your support in
County Assembly to function as people’s achieving this vision for the coming period
watchdog, enact laws to facilitate the due in the interest of the people of Siaya County.
execution of the powers and functions of the I wish you much wisdom, strength
County executive, receive, deliberate and and God’s blessings. Thank you and May
approve development plans, borrowing by God bless you all.
County government, appointments of

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Tuesday, 23rd April, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

MOTION

ADJOURNMENT

Hon. Speaker: Honorable Members, with our mandate then we discuss it.
welcome to this Assembly. I wanted to Moving also to the Business of day, budget
communicate to you that the Governor’s making; I will urge you that as you leave
speech will be our subject of discussion for here, you will be requested to go back to the
the next four or three days and arrangements budget making process until it is finished.
have been made that each of you has a copy Thank you.
of that speech. Please interrogate it in line
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Hon. Otieno: The honorable members, it’s too late that we need to
Speaker sir, I tend to give notice of the adjourn this sitting and I therefore want to
Motion that the thanks of the House be put a question that will as many as of that
recorded for exposition of public policy opinion say I
contained in the address of the governor Hon. Members: “Aye”
delivered on Thursday April 18 th 2013. I Hon. Speaker: And will as many of
will now ask the Honorable Gare to second. that contrary opinion say “NAY”.
Hon. Gare: Mr. Speaker sir, I rise The “Ayes” have it. So this sitting
to second. stands adjourned until tomorrow 9 am.
Hon. Speaker: Honorable members, Thank you so much honorable members.
the presentation by the two honorable

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesdy, 24thth April, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

MOTION

GOVERNOR’S ADDRESS

Hon. Speaker: Honorable members, after order 37(3) being a Wednesday morning, a
morning sitting, we aske the Committee on day allocated for Business not sponsored by
Selection to assemble and discus with the Majority or Minority Party or a member
members so that we get a list of persons in belonging to the Majority or Minority Party
Committees for discharging our duties from or Business sponsored by a Committee. I
next week hence forth. As we agreed, we will now ask Honorable Gare to second.
want that by Thursday, we have the names Hon. Gare: Mr. Speaker, Sir, I
be brought before the floor for adoption. arise to second.
Thank you. Hon. Speaker: Honorable members,
Hon. Otieno: Mr. Speaker, Sir, I you will understand that Wednesdays
beg to move the following Motion that the mornings are not as so expressed by the
Business appearing in today’s order be Honorable members who have just spoken.
exempted from the provisions of standing It’s not a day of discussing this kind of

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Business but they have asked for an was delivered by the Governor. This is the
exemption. Is there any objection to that opportunity we have to interrogate, you can
exemption? There being no exemption, no support it you can support it; add flesh all in
objection, I grant the view of making it the best that can suit
The Speaker: Yes, Honorable our people and our County.
Otieno Hon. Speaker: Yes, Honorable
Hon. Otieno: Mr. Speaker, Sir, I Muhula!
beg to move the following Procedural Hon. Muhula: Mr. Speaker Sir, I
Motion:- think it’s quite in order that this House
THAT Pursuant to the Provisions of acknowledges the significance of the what
Standing Order 94 section 4, this House the Governor’s has done in taking his time
orders that Debate on the Motion on the to come and address this House of the
address of the Governor be limited to not policies and manning of the Executive line
more than ten minutes for each member with the activities of the Executive of the
speaking, 30 minutes for the mover in year 2013- 2014.
moving and replying. I ask Honorable Gare I want to agree with what was
to second highlighted with the Honorable Governor he
Hon. Gare: Mr. Speaker Sir I arise has actually indicate a few things on the
to second social economic for the welfare of the
Honorable members, you have heard citizens of the County. It is indeed agreeable
that the mover of this Motion is asking that that Agriculture will form a very big and
we take ten minutes in discussing the distinct backbone development of Siaya
subject. Is there any objection? There being County. If we can be able to come up with
no objection I grant. clear policies of how we can enhance some
Clerk: Mr. Speaker Sir, order food Security in this County. Again, there is
number ten, Motion an element of development of the Youth and
Hon. Otieno: Mr. Speaker Sir I beg Women and the Governor’s speech however
to move the following Procedural Motion I want to be taken or decorated to look at the
that the thanks of the House be recorded for Governor’s speech without the frame hold,
the exposition of the Public Policy contained the premise that he is going to work on to
in the address of the Governor delivered on achieve the ambition that he has put in his
Thursday April 18th 2013. I beg Honorable address here. Number three, infrastructure
Gare to second. comes out very handy in the Siaya County.
Hon. Gare: Mr. Speaker Sir, I arise Hon. Minami: Point of order, Mr.
to second. Speaker!
Hon. Speaker: Honorable members Hon. Speaker: Yes, Honorable
the Governors speech has been laid before Booker!
the table. You are free to participate. I Hon. Minami: Thank you Mr.
welcome to your participation. I’m hoping Speaker, Mr. Speaker, I arise in a point of
that we all have copies of that speech that order to ask your guidance that the mover of

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this motion while moving this motion and Hon. Speaker: Thank you so much
you have given us the opportunity towards Honorable Muhula, are you ready Honorable
the motion whose mover has not said Otieno or we give you some time. Just in
anything about it. summary, we know where we are coming
Hon. Speaker: Yes Honorable from.
Booker, you are right, I think there is a Hon. Otieno: Yes, Mr. Speaker, I
practice of the House that a mover talks rise to concur with what my counterpart
about the speech even in summary, so I’ll Honorable member has said, I stand here to
ask the Leader of Majority to say something say to, to support or to a little bit go to
after Honorable Muhula has finished his House of the motion on the floor that the
submission. Honorable Muhula please Governor heavily addressed this House for
continue. the way forward or suggested option for
Hon. Muhula: Thank you Speaker, saying how we wanted our Siaya to grow.
as I was saying Mr. Speaker, it’s an evident Mr. Speaker, Sir, I stand here also to
that infrastructure in Siaya County will be say that our able County Assembly members
one of the worst. Looking at this time I go as who represent various wards, you find that
the town comes ahead and the town starts almost every problem is touched from where
that is the Siaya County, so if the Governor they come from. Infrastructure is touched so
comes out very clearly and depicts the allow this House Mr. Speaker Sir, all these
notion that infrastructure should be also members to really discuss this motion as it is
within his plan, then we welcome. Again, the one that will guide this, it is the one that
the Governor was expected to have shown will build our this County Mr. Speaker. On
the way that he is going to get this funding the same speech Mr. Speaker that was
to achieve the ambition of ensuring that all delivered by our Honorable Governor, I
these roads are done that again there I would would like also to say that economic growth
fault the Executive. In coming out with all Public Investment and the Business
these things without telling us what actually development, Socio Economic development
he is planning or where he is planning to get in our County…
the funds would be like cosmetic placement Mr. Speaker, Sir, from what our
that probably he wants to take this House for Members will discuss here will come in
a ride. handy to them grow Siaya. Never the less
Mr. Speaker, I would like by the Mr. Speaker, let me continue to study it
time possibly, when the Leader of the more again. Thank you, Mr. Speaker.
Majority would be presenting or talking Hon. Speaker: Thank you so much,
about possibly there are discussions and Mr. Otieno, I think as a House we will want
maybe something that he will tell us on the to move forward with understanding that
road map of achieving this ambitious movers of every motion before this House
address of His Excellency the Governor. will have an opportunity first to understand
With those few words, I beg to support the the motion before the House and explain to
Motion. the House whether they had the privilege of

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29
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
having seen before from the author so that fact of land grabbing in the County such that
we are given the opportunity to interrogate it new investments cannot come up. He was
further but for today, you are excused even talking about how the former local
Honorable Otieno. Thank you so much. Yes, authorities were still transacting only be it
Honorable Oriaro that he was the one to transact.
Hon. Oriaro: Mr. Speaker, Sir, I would have expected the Governor
initially I would like to point out that the to tell in the House how he would be dealing
fact that we are newly born, we are still in with the matter of corruption, the manner in
our embryonic stages so in that regard it is which he will ensure that that the other firms
prudent to excuse ourselves from little wet land is steered towards having an
scruples. I had the opportunity to get the investment plan that will create jobs etc. I
speech from the cat’s mouth when it was never saw the issue of sports.
being presented here by Mr. Governor. We all know that for the last three
Mr. Speaker Sir, taking cognisance years Obama Quiz have been the national
of the fact that the County has to champions in the netball, that is a classic
demonstrate its ability and capability to case for the evolution of our potential in
generate its own resources, to generate its matters of sports. So the issues of sports are
own revenue I would have expected the not here. Sports has the capability of Job
Governor to make it in title part of his creation, income generation and even the
speech how he will generate, how he will tourism aspect. Mr. Speaker, sir, thank you.
steer the County to generate its own Hon. Speaker: Thank you
revenue, I shall be talking about issues of Honorable Oriaro. Honorable Fred, you had
investment. We have the dominion firm something.
here. We know as a matter of tradition that Hon. Ouda: I was just rising on a
such facilities have not been benefiting the point of order, Mr. Speaker, Sir, though now
locals. it has been over taken by events. I wanted to
I am of the idea that if the Governor tell the Honorable member at least to
in adding flesh here, his Excellency the withdraw the statement, ‘THE CAT’S
Governor, had that courage to tell us how he MOUTH’ because this is His Excellency the
will develop a wet land management plan to Governor, but he is referring to him
see to it that the availability of the swarms in seriously even if it’s a synonym, Mr.
this place because we know dominion firms Speaker, Sir, kindly, please tell him…
has been causing problems a lot. He never Hon. Speaker: Point taken, Mr.
touched on anything of that nature. Then Oruro. Point taken. Is there any other
number three, number two, in my contribution, please?
conclusion, the issue of corruption has eaten A Hon. Member: Point of order,
into the public resources. Mr. Speaker!
We understand and we all know that Hon. Speaker: Yes Honourable
the Governor at one time, one point in time Madialo!
outside the Assembly, had mentioned the

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Madialo: Mr. Oriaro and Mr. House so I think this will demean this House
Fred honorable, are they in order to catch Mr. Speaker. Thank you.
the Speaker’s eyes by …. When they are Hon. Speaker: Honorable,
supposed to stand up and protect their eyes. honorable Gare this House I don’t think will
Hon. Speaker: Honorable Madialo, be demeaned by the manner in which you
I am the one whose eyes were being caught catch the eyes of the Speaker. It is in your
and I never saw children. Yes! Any minds that when you raise your hands you
contribution? Yes, honorable Elisha please! are demeaned, just like it is in somebody’s
Hon. Ochieng: Mr. Speaker, Sir, I mind that when he stands up he is
raise to thank his Excellency the Governor demeaned. I can assure you that sometimes
for Siaya County for his speech whereby I for now let us use the hands. If we feel there
would rather want to know the mechanism is a better way, we will adopt it.
that the Executive has put in place to make Standing, am imagining if thirty
our County a crime free. Mr. Speaker Sir, people stood at the same time, so how do I
we have a toll order of crime along the see who and you are all up standing if you
Lakes, lake shores and Beaches and the had girls to dress that would reflect here,
executive should make the mechanisms that that is the modern way of doing it but until
they want to put in place so that our County as late as I think as the previous parliament
can be a crime free place whereas I would we have had people raise their hands. I can
rather ask the Executive Mr. Speaker Sir to encourage you don’t feel demeaned when
define and to put on risk that even our you raise your eyes, when you raise your
members our Honorable members like us hands for now, thank you. Contributions
should have definitely a body guard or please? Honorable Madialo please?
somebody who can take care of the Hon. Madialo: Thank you Mr.
Honorable members, Mr. Speaker Sir. I Speaker. Mr. Speaker, I stand to comment
never catch it on his speech, Mr. Speaker, although the address that has been raised
Sir. before the House, that was brought before
Hon. Speaker: Yes, Honorable the House by the honorable. Mr. Speaker,
Gare! this is a policy statement and the Governor
Hon. Gare: Thank you, Mr. really recognized that in conclusion it
Speaker, Sir. I am rising on a point of order. required that we promote identity. Mr.
I wish to know from the Chair Mr. Speaker, Speaker we are only thirty elected leaders.
that what the method of catching the eye is. Out there are leaders who tried to defeat us
Are we supposed to be folding our hands it but lost but have got electorates.
will be like we are in like in classrooms and Mr. Speaker, before we came here
we are Honorable members? Or you are some people were leaving the County, and
supposed stand to catch your eye as the best although most of us arrived here late, I know
way because to me I think tying up your the honorable James Ochange and Steven.
hands to cut your eyes, for this Honorable And before Mr. Ochange came there was a
mayor in this town and before that there was

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
another, one body represents a ward for the House, we see a demonstration of people
example Mr. Speaker. And there was a who are coordinated, it is clear here that the
Chairman there? And also the chairman of majority leader may have not talked about.
the old County Council of Siaya, and they And the governor’s office has not enabled
were chairmen of Ugunja, Ukwala and the majority leader to have and support their
other. policies before us here to the extent that Mr.
Mr. Speaker, I am saying that an Speaker that the majority leader tended to
important Policy Document like this one, support what honorable Muhulah was saying
like what we are debating today, he should that he is critising part of the speech.
come out before the House and we look at The minority leader is the
the County as an entity and we are to governor’s eyes and Mr. Speaker there is
implement this in success, then there is speech he well brought out but some was
every need, Mr. Speaker, the majority leader reasonable but perhaps in his wisdom or
to communicate with the governor’s office perhaps lack of it and elected to give us the
We must recognize the existence of skeletons of what we want to do but we
those leaders and invite them because it is don’t know of how much meat is going to
on all relevance Mr. Speaker to come and go to the arm, how much is going to the ribs,
understand what we are going to do for the how much is going to the thigh it was just a
whole year, and fail to understand that we skeleton yet it is proposed policy is going to
need the cooperation of those leaders to done and by what means? And as Honorable
implement them. Majority of those people has said doing and in all parts of the County.
are still alive but we didn’t see them and Mr. Speaker, we do not, I do not
they are members outside there. want to suggest that we have … reject the
Mr. Speaker, it is apparent and it is speech, because it was adopted for the
clear, that the Governor’s speech was drawn County to move on but it would be
to address us of what the governor he expect important that the Majority Leader and the
of us and we will be required to support Chief Whip Of this development office, but
what is in this speech as written. Mr. with time they are going to give us a policy
Speaker we are aware that the governor did document, they’ll add meat to it. We don’t
recognize in his speech that there is a clear want to deal with skeletons. I want to rest by
separation between the functions of his saying Mr. Speaker that when I looked at
office and the functions of this Assembly page 4 paragraph 2 of the written speech,
under your leadership. and I was sad that the Governor’s office
Mr. Speaker, we all know that the seems to think that certain funds are so
link between that of the office of the devolved that they are even separated and
Governor with the Assembly is the Majority divorce from his office and Mr. Speaker, the
Leader and his Deputy and perhaps the whip CDF fund that is mentioned there as part of
and his deputy. It would be in order Mr. devolved funds in addition with 15% of
Speaker, that we see a demonstration when minimum share of funds that the Counties
the policies of the Governor being ruled in are entitled to under the Constitution.

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This CDF fund reports to the CDF be then we are doomed not because perhaps
Act, it all surely ends up with the Governor the document is bad, but because the
and indeed the Counties representation in articulations and speculations of that
the CDF and some of the officers they document is wanting.
appoints and brings here for approval, note For the Leader of Majority I want to
that, Mr. Speaker, that proposal on the all say we all understand the way we elected
speech seems to be misplaced and if this is the Leader of Majority officially the way it
not addressed as a concern by the Majority was done but now from now henceforth, we
Leader and the Governor on his behalf when have agreed that there will be consultations
he talks here, then to see that some forms in between. For now we still excuse you. Do
that are supposed to be overseen are misused we have any contributions please? Yes,
as supposed to be overseen by this Honorable Abayo.
Assembly, when we dispatch and be done Hon. Abayo: Thank you, Mr.
with and without us then developing the role Speaker, Sir, I would also like to make my
of an oversight. submission, having read through the speech,
Mr. Speaker, finally, those few tips if Mr. Speaker, I want to support my colleague
they are many, I would ask the Majority Honorable Madialo that Mr. Speaker Sir, in
Leader to relieve me and I beg to move and such a policy document or paper, we
the speech be supported. expected the Governor Honorable Governor
Hon. Speaker: Thank you so much to have been able to give a clear vision
Honorable Madialo if you will realize I gave looking at the devolved functions of the
you more than ten minutes because we Counties we ought to have seen the way
thought it necessary to not to stop people. outline of key issues that need to be raised
Our standing orders require that when you and, Mr. Speaker, Sir, yesterday we were
talk about a motion once, you will not talk talking about Budget estimates. We
again so that is why I gave him that time. expected this particular document to have
I think we are also learning lessons given clear direction on areas we need to
from our contributions that when we have a think about and that has not come out. It has
Government motion coming to the Floor of been, it looks a bit general in terms of
the House, the person in charge or the submissions made.
Committee in charge needs to sit with the Mr. Speaker, we expected a bit of
sponsoring Arm of the County and tangible statements a bit specific. If I give an
understand it in depth because the absence example I did read some speech from Busia
of the same might make this House, this and there clear specifications talking about
Honorable House reject it in total and that Agriculture, they went down to mentioning
would be disastrous so that again goes to the number of tractors that they want and I
inform the kind of Committee that we want also did see this with our honorable his
to form and the leadership of those Excellency the Governor, he talk about his
Committees because if they will not be In a during his speech he has not come out very
position to present it as it is and it ought to clearly I have also listened to Joho from

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Mombasa talk about dishaemonisation plans given to the County as it were. Mr. Speaker
of how they want to recycle the water. there were also national functions that have
So, I expected that we all have very been devolved that is Agriculture, Health
tangible proposals that will guide our and housing, and in the wisdom of the
thinking, secondly Mr. Speaker Sir, because Government indeed devolved 10% of the
that has not been made specific. Even on the GDP to the County so when we talk about
issue of accountability, we may not be able the 15% is very specific that the government
to say that we would want to hold or see is trying to see how. So I am talking about
how we support them or the Governor on 10 % plus the 5 that was the formerly
issues of accountability and these were very LATIF to form the 15.
specifically made we should see how we Why am I raising this? It is because
support that speech. as an Assembly or as a County we need to
Secondly, Mr. Speaker, the Governor know that Agriculture, Health and housing
has mentioned and I want to really are totally devolved and as an Assembly Mr.
appreciate this about Lake Victoria. I want Speaker, am thinking about our future and
to say Mr. Speaker sir, that Lake Victoria just want to persuade the Assembly to know
has a very high potential and the way and that these are areas wholly devolved and we
the way it has been brought out here, in this need to focus on them as a County. Health is
policy here, fishing and abit of devolved upto to the provincial hospitals. So
environmental conservation on the same, I I would want to urge that as we think about
expect Mr. Speaker and as we talked about it, we need to know and therefore in the
this I want to persuade the Assembly, that speech of the governor if these are not
we really focus on lake Victoria and its outlined then somebody will go wondering
potentiality, it goes in record if you look at then what will be the 15 percent for if these
the revenue of this in Nyanza and see that are not well articulated in terms of giving
the source of that revenue is this lake and for direction.
sustainability of Siaya I would want this The growth rate of 10% Mr. Speaker
Assembly to look at the modern picture of is quite encouraging, am happy with this. I
how we can utilize this lake. There are a expected a clear strategy of how we will be
number of ways that I can outline … thank able to realize the 10% growth rate in this
you, Mr. Speaker. County. There is a clear vision of job
As mentioned by another colleague creation and poverty eradication and I want
in this document the 15 % funds that we to agree that this is a clear focus that we
incur in the County, Mr. Speaker, this really need to have food on the table and
margin 15% I would like just to share with money in our pockets. I want to urge that
the Assembly and I stand to be corrected by this is an area that we need to focus on. And
my learned friend that could be here. That again in the speech, this is not clearly
initially the government was devolving 5% highlighted of in some direction.
of the funds to the councils through LATIF How shall we be able to achieve
that was 5%. That responsibility has been this? The ‘how’ question is for us to look at.

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And again Mr. Speaker as has been opportunity to share the speech of the
mentioned, resource mobilization is governor. I would like to start by thanking
mentioned in this paper both at local, the governor for giving a speech and indeed
National and International. This is a window trying to touch on quality details on most of
that we need to exploit that we are able to the areas which are devolved to us. And
generate funds to top up on the 15% and I more particularly I was very impressed
want to encourage that this House needs to when in his speech he would like to engage
think of how this would be able to achieve with the private sector because the funds
this. And if the governor has gone ahead to that we may get from the devolved fund may
mention how this will be done I want not be enough to do what we would like to
applaud the same. do in the County. But again to mobilize
Lastly Mr. Speaker, in the speech resources locally, nationally and
there is inter County a possibility of inter internationally I am very articululated but I
County cooperation and that would be in the would like to plead with donors to fund us
area of fishing and possibly other areas. I that was very brilliant and I do support that.
wanted to believe that Mr. Speaker before I was very much concerned when I
we reach that level it is a priority, we really would have observation because if you look
need to set our base, we really need to focus at what is devolved majorly and very
on the areas that we will want to cooperate majorly is Agriculture and Health, and if
on so that it goes beyond the fishing areas you look at this three, there is nothing at all
and I think the governor had the idea of the that policy has talked about how the
lake but we need to explore possible other governor and the executive would like to
areas that we could be able to share, there have Health because whatever we want to
are a number of areas. do we want to for the citizens and so am
Nothing is critical for the foundation very concerned about the Health of these
and how we will grow. I five development citizens, so am very much concerned about
plan is envisaged. I want just to add, Mr. this.
Speaker, that I want to quote the governor I don’t know whether we will find a
saying that at one time that within 100 days resolution or nobody thought of Health and
we will have a plan and I think I want to for us we all need Health and we are
urge the whole House that we work to providing services of Health and my dear
support that direction because all that we honorable members this was a very sick
need to do in this County we will come document. I would like to tell you if you go
when it is put into a plan. This needs to be to Kenya demographic Health survey. Siaya
given, this Mr. Speaker I want to urge that it County leads in poor indicators of this
becomes a priority agenda. Thank you. country in fact in all the educators of Health
Hon. Speaker: Thank you honorable we are the poorest if you don’t know. And I
Abayo. Yes honorable Onduru please am proposing in this House that I am going
Hon. Onduru: Thank you very to avail to you the status of Health compared
much, Mr. Speaker, for giving me this to other counties in this County and I know

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
some of you who have not seen this will tell us the Kenyan’s report 2011 says these
really feel so bad. figures and these figures.
Infant mortality rate, we are leading Tell us the Kenya indicator survey
for your information. Maternal Health we of this period says this and says this so that
are the leaders. Mothers who die when they we will also give the Leader of Majority and
go to give birth. Through death rate that his Deputy easy time when they go to the
means people die especially adults it’s very executive, they can tell with authority that
high. Malaria in this place is the highest, these sources as was debated in this House
HIV you are the highest. We have the we discover that we are performing below…
lowest…..set at 22% and that means that our And finally, the Majority Leader and Deputy
children are dying because they are not are taking notes in the concerns of the House
given proper services. in discussing the speech .Yes, Honorable
Very surprisingly, our coverage of Aima.
pit latrines is only 22 and that means in Hon. Aima: Thank you Honorable
Siaya most of our citizens defecate in the Speaker, I want to appreciate the speech that
bush and the Governor did not mention was delivered in this House by his
anything on Health. So my dear colleagues Excellency the Governor. The Governor’s
and honorable members this is my concern speech touched on all domains of County
because it is the area I am having authority. I governance. It is a vision that was well
am sorry if I use ..I think Mr. Speaker the thought of and well researched but one
way you are informed about the Health omission was staff development. For any
status of this County I know you should take County to grow, you need to develop your
it seriously because we to me we are staff because staff is the backbone of policy
providing services to sick people and we are implementation. We need impact skills on
not concerned. I wanted to say I reject the available staff; we need to give them job
speech but now my other honorable obligation in charge of that. The other area
members are saying we pass it so I join you of omission was residence. This County has
in passing it got sons and daughters who are in the
Hon. Speaker: Thank you so much. Diaspora, who are very successful
May I say this to the honorable House that industrialists, who are very successful
figures are very sensitive and I would business men and women, who are very
request that while any member that rises up successful Educationists. If we touch on
to speak and support his speech with figures, incentives, how do we bring them back?
he will do this House good if you quoted the How do we give them the incentives to bring
source and the year of this survey so that the back their capital to bring back their skills to
House is not just seen as talking of things invest in this County. The governor, he
that we don’t know and others can also talked about professionals who are in the
refer, I know he is an authority, I don’t Diaspora, it is one area that has to be looked
doubt what he has said but for future debate at. The omission we own a large number of
widows and children who are orphans.

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Actually he didn’t talk about how we will be Though bwana Speaker we should know that
able to address the challenge that has faced when we talk of course we talk of the
this County because of our large number of actions so the honorable His Excellency the
women who are widowed, our large number governor or the executive should do
of children who are orphans and they need something about those girls that perform
to be taken care of. Otherwise thank you very well in the country about sports.
very much for this chance. Another issue, Mr. Speaker, is about
Hon. Speaker: Honorable Kowii corruption. The governor has spoken very
Hon. Owii: I wanted to raise a point well about corruption and word honorable
of order Mr. Speaker Speaker is that before any action is done, we
Hon. Speaker: You said you will should know and know why we are talking
help us in future about corruption and what are the causes of
Hon. Owii: He was trying to corruption. Because bwana Speaker we
misinform the House Mr. Speaker sir. That realize that in this our County about the
from the governors speech, if you go to page staff, you will come to know that our staffs
four, the governor didn’t cover that how he in this Siaya County most of them have
is going to bring on board the Diaspora on really been paid for the last three months.
resources and I believe every bit of thing How are we going to deal with this
that he was saying he didn’t put here, was corruption if we cannot look at the way that
abit broad based and people just want our staffs can be paid their salaries on time
everything honorable members may want to or in time so that they stop their corruption
name names but the truth is that he covered and that then bwana Speaker leads us and
the Diaspora. Thank you. it’s my prayer that they should be handled
Hon. Speaker: Thank you. In future, within this week because it will embarrass
when we raise points of order, largely we us from next week.
talk about violation of our rules but we have Bwana Speaker, as we go about the
taken note of your contribution. Thank you emergency that was on the Speaker’s
so much. Honorable Otare address yesterday we had our meeting as it
Hon. Otare: Thank you very much was underlined in his speech and indeed it
Mr. Speaker, I just raise to appreciate the really took place yesterday but when we
speech of the governor and I just have some went there bwana Speaker I can assure the
concern of the speech because he has talked House if that the trend that we are going to
of many things here but only now needs work I don’t think that most of our things
implementation. And if you look at page 5, are going to be prevented. Because what we
paragraph 4, when we are talking about see was in Alego Usonga we were just
sports honorable Speaker, this is something discussing about the budget and there
that needs an urgency because in Siaya authorities.
County, we are having schools that perform I don’t know who are going to give
the best in the country and is now having a these priorities to this people in the County
top team in netball in the whole country. executive board as the leader or related

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
leader, because we just discussed the concern Mr. Speaker and I want to agree
priorities and we don’t know which one is that even though I want to say that water
going to come first and which one is going should have been given if not taken the top
to come last in this financial year. priority.
Otherwise I appreciate because of Mr. Speaker, we realize that water is
the past things that we are doing and life and where I come from West Sakwa
acknowledge for this new and I think the Ward, water is a big problem. Without
governor is new and I just appreciate what water, we are strong to water borne diseases,
has been done. And last but not least is which is actually the main killer of children.
about the reply. Honorable Speaker we When they have diarrhea and vomiting the
should look at our majority leader, should be main cause is water borne diseases and even
in touch with the governor because other in adults.
issues here need the reply and if he is here Mr. Speaker, when there is this
he did not give the reply so I don’t how County profile, County profile 2012, which
these answers is going to be replied. Thank says the statistics of 2012 says or County
you. profile says that we have access to piped
Hon. Speaker: Thank you honorable water in Siaya and every 10 to 6%. That is
Otare. For the benefit of this House may I Siaya County. Now if you go to my ward, to
share with you our standing orders that we where I come from West Sakwa Ward, I
say that when you choose to go English you think it is 0.02. Those who can access the
do English, when you choose to do piped water, the clean water, I would
Kiswahili, you do Kiswahili. As a matter of imagine that water should be given priority
fact, bwana and nini are Kiswahili words. because with water, even the tied problems
You know what I mean. Thank you so that we are talking of will be minimized.
much. Honorable John Gare! we would not say that that in my
Hon. Gare: Thank you Mr. Speaker. Ward each and every day they would tell
I want to support this document. First of all you that they want a dispensary each and
we must agree that as much as there could every day, while if we go physically we find
be some omissions this document was well the reason why these people are looking for
drafted and we can realize it was the sector a dispensary is because people have typhoid,
of socio economic parts were highlighted. I people are diarrhoearing, are vomiting so the
want to draw your attention to page five best we should go to first is water so that we
paragraph two where it was said that minimize these kind of costs. Mr. Speaker,
development plan should be should give with water, we will even have investor
total concentration of programmes that are confidence because with no water, even
to go to employment and poverty reduction investors in the County, will not come to
priorities given to programmes such as Siaya to invest.
Agriculture and Livestock production, I would want to say that the piped
Health, Education, infrastructure, trade and water should be given a priority and each
industry are areas that are of areas of and every ward we should make sure that

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
there is access to water and we move in wildlife tourism conservation together with
from 0.02 like for my case in my ward to Lake Victoria, if you are coming from our
0.03% to may be 3 or 4% Mr. Speaker, even area there and our area Mr. Speaker, you
in my area there are these farmers who are will find that it is true that Lake Victoria is
depending on our animals at home and dams infact one of the gateways to our tourism
are not there, you will find a mother going to industry, because quite a number of
fetch water in my ward walking 15 Wazungus are coming from south Nyanza
kilometers to fetch water even inspite time coming to see the Siaya Ranch but I
wasted she does not even have time to go to consider that as tourism industry, but if you
tills.. I would request that as much as we are look to our area there, I have never seen a
looking for the piped water, we also go for situation where tourism industry begging
dams so that the animals for those people visitors from outside either to Luanda,
can get easy access to those dams. Migori to the South Nyanza side, it’s an area
Mr. Speaker, I want to say that this which I think should be spelled out clearly
document, I want to disagree with one of my and given its time and again, it’s the same
honorable members who said that time was water when the governor talks about seeking
not taken care of but Health is a priority in cooperation in special ways, in other
the Governors speech here and I would wish Counties that Siaya, it seems that we on the
to say that we give water a priority number people who are on the other side of Lake
two or three. Mr. Speaker, with those few Victoria have nothing to offer.
remarks, I beg to support this document. He should have also come up with
Thank you. tangible issues, things that we want to do so
Hon. Speaker: Honorable Aneme that even if we are going to share others, we
please! should also have our pockets, we want this
Hon. Aneme: Mr. Speaker, first I and that being done. On our side what do
want to support the document of the you offer? I think that is the case there but if
Governor and when I was looking into it, you are going to, but if we are going to sit
keenly, I realized that there are some areas from the other side, as if we don’t have any,
which the governor did not tell us clearly. it seems we are just naked in that area so I
When I was looking into the areas where the think there should be a very fast move to go
Governor should have touched very keenly, into this area.
our areas where we can get a lot of Again on the same water, nowadays
resources, there is an area which is touching if you go to our area down there Siaya,
on Tour zone which I may call it ministries; Bondo and Rarieda getting a fish there is
Tourism and wildlife conservation. difficult, probably you can get it in Siaya but
In this document, am not seeing even but even the ones coming Siaya I don’t
where the governor is putting emphasis on know they are coming from Busia. Better
how we can develop our tourism and you get the fish from Kisumu or Bondo than
wildlife conservation industry and again, I if you go to the Lake itself which means
was trying to put together tourism and there is a lot of deactivation which shall be

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
taking place there a lot of disruption of So, each of equitable distribution of
fishery industry so much so that getting the resources is personal. The governor should
fish there is not easy. address this thing by saying that now the
It is because conservation is not revenue we will be getting is in Siaya
done but we have so many breeding areas County, how it will be shared. I have heard
and if you talk to the fisheries department of some counties …so that the people of
they say Bondo and Rarieda have so many Mageta can also develop the same level the
of these breeding areas and are not being people of Siaya will develop, so this comes
protected and the protection of that fish to a proper infrastructure and service
industry is not even stated in this honorable provision for the common mwanainchi.
document. I really think that those omissions Another point I want to raise is that the
should be put into place when we start government will be taxing the citizens and
putting mechanisms to place to enable us the traders.
atleast reach from to the lake. Thank you so I would expect that he should have
much. come up with a mechanism of enabling a
Hon. Speaker: Thank you, good trading environment by putting in the
Honorable Aneme. I know you are necessary infrastructure by proposing a
advocating for my place but I will not location, I would have expected him to
excuse you from using the word wazungus. propose a percentage of the allocation that
Honorable Ombiyo please! will go to help will go to Agriculture so that
Hon. Ombiyo: I want to thank you his vision can be realized that which has not
Mr. Speaker sir, I want to conclude this been done in this city. So I don’t support a
motion by first opposing it with the entire speech which is empty, which is rhetoric and
energy, in its entire totality. First because of which has no structures of putting in place
the simple reason and sentiments that some what he wants to deliver to wanainchi.
of my honorable members and colleagues Kindly Mr. Speaker, I beg to rest.
have already stated. Mr. Speaker, I am a true Hon. Speaker: Rest, Honorable Ben
believer in equity and principle of Hon. Omondi: Yeah, thank you Mr.
devolution was brought to us to share Speaker sir. I stand here to comment a little
resources and equity. This speech, Mr. bit on His Excellency the Governor’s speech
Speaker, has not addressed the issue of equal that he made to this Assembly on the 18th of
distribution of resources. So the revenue that April this year. First of all most I wish to
the County Government will collect and the salute his Excellency the governor for the
revenue that they will get from the National way he drafted the document though it is
Reserve, the speech says they will develop very general. I wish his Excellency if at all
my, they will develop a plan that will reduce he wanted to do favour to the residents of
poverty yet it has not said the structures the Siaya, he could have been very specific.
one put in place to reduce this poverty. I And one area of concern to me is the sector
would say it is empty and rhetoric with kind of Youth.
of potholes.

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As we are aware that youth are the this County will develop in the next few
majority not only in their County but in years. Your honor I also wish to appreciate
Kenya as a whole so the governor would his speech on, he did engage that he will
have come up with the frame work on how cooperate that he will cooperate with other
he intends to empower youths. Because counties. And even counties that are
when we go to page 5 last paragraphs, he stretching on Lake Victoria. Your honor I
talks very much concerning peace unity and think this will put more emphasis on water
security and I want to believe that without hyacinth. Your honour the moment we
job when youths are jobless that security cannot get fish adequately we cannot get
cannot be there. When youths are jobless, fish adequately at this …
that peace cannot be there. So I want to Hon. Speaker: Continue honorable
believe that in future speeches that will be Kodera, continue
made to this Assembly by His Excellency Hon. Adera; Yes as we used to get
the Speaker, he needs to be very specific on fish many years back, because of water
what he intends to do. Not just bringing hyacinth if indeed the governor can
general teacher without specifications. eradicate water hyacinth then I believe this
Otherwise I intend to support. County is really developed. Your honor, the
Hon. Speaker: Honorable Kadera, governor also indicated that he will strive to
please! see that this County the GDP of this County
Hon. Adera: Thank you Mr. gross at 10% your honor I believe I believe
Speaker sir, I wish to support the governor’s well….
speech. Mr. Speaker sir, this is the Hon. Speaker: Honorable Kadera
foundation of development in the County continue, I like being called your honor, yes
that the governor has made for the Assembly continue. Yes say your honor and continue
we shall provide the engine for development [Link]: I believe you are Mr.
to move on. Mr. Speaker sir, I wish to point Speaker sir, his honorable Speaker
out some few areas that His Excellency the Hon. Speaker: Continue!
governor made and touched in his speech. Hon. Adera: and the two words can
We are Mr. Speaker, Sir; the be used in the Assembly. Yes Mr. Speaker
governor did indicate that he will soon table sir, if our GDP can grow by 10% then I
in this Assembly a bill that will roll out believe that in the next 5 years time this
County court of arm, County flag and the County will be the Dubai of Africa. But
County seal. For the County to move on we your honor, Mr. Speaker sir, I have few
surely need the items to make us move in as reservations with the speech. Your honor the
the County. Your honor I also with to speech did fail to address very crucial and
appreciate the speech for the governor which very critical areas that touch on every part of
touched on corruption and I think corruption this County. Your honor I will continue
has let this County down, and if he is using the two words interchangeably
actually to the point that he will fight because I believe they are allowed in this
corruption with his two arms, then I believe House unless otherwise.

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Hon. Speaker: Is that your remarks that have touched Agriculture,
contribution honorable Kadera? Just roads, Health, Education that does not mean
contribute. that you are prepared to address this
Hon. Adera: Mr. Speaker sir, the conditions. He ought to have come to the
speech from the governor did fail to address House and explained to the House how he
the road network in this County. And we are would wish to go about those problems.
all, Mr. Speaker, Sir, if you can look at the There are perennial problems that have
road network in this County we have got the really dragged t e development of this
poorest if we compare Siaya County with County. If he can, if he can make use of the
other regions. So Mr. Speaker sir, I believe forum that we had yesterday, then I think he
this is an area which the governor ought to would cure what he failed to do on 18th
have addressed adequately. through his speech.
Mr. Speaker, sir, the speech, of the Your Honor, I know there is no time
governor did come at a time when we are that maybe we can call the governor to bring
experiencing flood problems your honor Mr. another speech. But whatever has come
Speaker sir, I want to believe that His needs to be supported. So I will beg this
Excellency the governor ought to have House to support the Governor’s speech for
talked about this issue. Apparently because the County to move on. With those few
this is one area that has affected the people remarks I beg to support.
of Siaya and especially in Alego Usonga and Hon. Speaker: Thank you, I will ask
my area of jurisdiction which is West honorable Madialo to say something
Ugenya. because he had him raise points of orders
So, failing to address the flood before I give honorable Osuri time to talk
problem ought to give us mechanism that before I come back to Honorable Odinga
will erase this flood problem and it means Hon. Odinga: Thank you Mr.
that we shall be having floods year in year Speaker. I believe that. It is dead.
out. Mr. Speaker sir, the governor did fail to Hon. Speaker: The button how is it?
address issues to do with Agriculture. I want Hon. Odinga: Mr. Speaker I was
to concur with my honorable Gare, who did addressing a point of order that, I wanted to
say that the things that honorable members remind my friend Mr. Madialo and myself,
have questioned about especially Health, we guys are educated and I wanted to
Agriculture etc but your honor you will remind him we are not in court but the
realize that unless you go through the Speaker is Mr. Speaker
document using your toothpick you may not Hon. Speaker: Thank you so much,
find the areas or you may not see the I also beg to correct honorable Madialo. We
relevance that ought to have been done. are two and half learned friends here
Mr. Speaker, Sir, we were told that at because your Speaker is second year student
page 5 page 5 that the governor did address and above all I have been tallying every
the issue of Health and Agriculture but your little mention of the word Mr. Speaker and
honor, coming to the House and following your honor and from my tallying the Mr.

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Speakers were more. The Mr. Speakers have Historically, Mr. Speaker sir, Siaya
it. So I think for this House we will be using has been known to be producing the
Mr. Speaker for the time being. Thank you. administrators and this is the castle that
Is it a point of order: Siaya has never heard. I feel this was
A Hon. Member: Thank you Mr. conspicuously missing in the governor’s
Speaker sir. Mr. Speaker is it really in order speech. The other area is about Health, it is
for a member to say that there are only two just touched lightly. We as leaders Mr.
learned friends in this House? Learned Speaker sir, it would be pointless to live a
people? When the rest of us are here? What healthily particularly in the era of HIV and
does that mean? AIDS because it is eating into our
Hon. Speaker: I think the point is manpower and therefore Health should be
noted. We will see how to address that in the given a good place at that particular point.
future. Yes honorable Osuri please. Mr. Speaker, Sir, we also remember
Hon. Osuri: Mr. Speaker sir, I have may be recently the National Government
noted with a lot of concern that His has created a registry of mining, this is not
Excellency the governor did touch on key touched. If you go to my ward South East
areas although I will not elaborate it a lot but Alego gold is seriously being mined and this
I noted conspicuously the issue of would be one great source of income to our
Education. Mr. Speaker sir, if you want to County Siaya and it is not touched anywhere
kill a society then kill the Education. So I in the paper. However, Mr. Speaker, Sir, I
feel that His Excellency the governor ought would say that in time it’s literally the best.
to have given adequate address to Definitely, to identify the role of the board
Education. Mr. Speaker sir, all these other members in this House that is of uniting and
areas like Agriculture, you cannot improve contributing to the sustainable development
Agriculture with unskilled manpower. Even of this County and Kenya in general. I did
if you talk about fertilizer, fertilizers are not identify that.
just anyhow broadcast; there a specific rate You also notice our human potential
of application and this requires trained in the Siaya as I indicated that in the area of
manpower skills. So Education gets in. you Education Mr. Speaker sir, he also did the
can’t talk about may be infrastructures like human resource, he identified that it is a
roads. potential that we have here. And we have
If you have covered roads in this been exporting the human resource and
County without educated people to get skilled manpower that we need in the labour
skilled employment they would not be able force. If only the executive arm, this
to buy vehicles and therefore the tarmacked executive arm of this Assembly can pick the
roads will be used by the domesticated right people from the Anglicans as we had
animals and the wildlife in basking. So I somewhere sometime to support their able
think all areas be it Health it requires legislator that we have here then this County
Education and I feel that Education in this can prosper to a greater height and indeed
County needs to be addressed. Mr. Speaker sir, we also identified that

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Siaya has a number of unique resources and Hon. Odinga: Thank you Mr.
we should strive to improve this to improve Speaker, first and foremost I want to pass
the welfare of the people we are kindly because ..I have carried my hand for
representing. so long, I don’t whether am too black to be
The constitution as he has also seen so then I will be standing. And don’t
outlined in his paper, has recognized the know whether I should be the one talking
right of the communities and this is through last or am too short to be standing here
our representation to manage its own affairs Hon. Speaker: Mr. Odinga, straight
and further its development agenda. I did to your point. You are here to carry your
quite he also identified the need to hands for five years.
streamline revenue collection. Hon. Odinga: Another thing Mr.
This has been an area of concern in Speaker sir, we know it is a new thing and
the past particularly in the past areas like there are times we feel that some people
municipalities, County councils, this has not who are heard saying nini, nani these are the
been improved and I hope if he has problems Mr. Speaker sir and I don’t know
identified it he will act action will be taken how we are going to treat, I don’t know
to streamline our revenue collection so that whether it is an English word. Otherwise I
we don’t have him just collecting with fake want to say that the speech by His
receipt in markets ending up in their pockets Excellency the governor was good although
it’s not accounted for and therefore we lack he highlighted he just gave a highlight on
the revenue. most of the key areas but he didn’t go into
For example, we gain having depth. You know that the governor in his
investors like dominion which is a very big heart we have Agriculture.
investor in this country, I wonder whether He talked about Agriculture and he
the revenue collection is really streamlined has been talking about things like buying
because that is our area or sources of income tractors to improve on farming. I want to say
and I also believe that as he identified other that although he didn’t go into depth
areas of revenue like CDF I hope that with explaining how it can be done I believe that
the members here I know there is also he can be able to reach those professionals
various circles by our counterparts, the MPs who give us new technologies to improve
tried to come in come in to manage but I our farming activities that is for instance to
know it is within our docket. So if we can importing to even exporting of large scale
streamline this the use of CDF and other farming.
funds Mr. Speaker sir, I believe that this I want to say that the governor in his
County can improve a lot. I therefore Mr. speech also supported devolution and
Speaker sir, with those just as he has separation of powers and took into account
identified and the missing ones I beg to minority and the marginalized groups. I
support the governor’s speech. want to believe in the spirit of devolution
Hon. Speaker: Thank you, Mr. and equitable distribution of resources on
Osuri. Honorable Odinga, please. services to the people. I want to believe that

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the governor will take this to heart because and speak with you Mr. Speaker sir without
this is the reason why we are here. This is letting these guys move from left to right
the main thing, the main component of the Another thing is on development
constitution 2010. That is to bring resources plan. Five year development plan. In his
down to the people. speech, page 4 of the speech he said Siaya
I want to say that in the speech of County at the moment does not have a long
the governor we talked about 10% growth term development plan in defining
rate, I think this is too ambitious Mr. programmes. He went along saying what
Speaker sir because this is a new child who development plan can do in the following
has just been born and we cannot say that page, page 5. He went ahead talking of
annually even by the end of this year by the social economic development and taking to
end of this financial year that we will be account Agriculture, Livestock and all the
having 10% growth rate. I think it should bla bla blas but he didn’t mention because
have started from somewhere like say 3%. this is a critical item critical document that
Even in the National Government there are we need to use in our County we need to
times when the growth rate even went to - develop a master plan. We saw the other
0.2. It’s when it’s coming up its not yet even time just yesterday we had problems just as
3%, so I think we should not be too other members said. In coming up with this,
ambitious. We should deal with realistic I mean next year’s financial budget because
figures. some of the things were drawn directly from
And then the governor, Mr. Speaker the National Government.
sir did not give priority to infrastructure and Those items which were involved by
especially roads. Where I come from I think the National Government were given a pre-
it is like now when it is raining, you know printed schedule structure so we are needed
even at this exorbitant rate, because you to put to just give an input on where we need
need to hire some men to come with you or to grow. I think we need to revert, we need
perform upto Ugunja where it is tarmacked to go back, we need to think and start
because it is pathetic. So I think priorities developing our development programme in
should be roads all over the County of Siaya the Siaya County. This is most important,
and specifically on top of my area because it such that come next year, come the
is pathetic everybody knows. And then on following year when we are going to do
ICT when we are given the statistics 2014/2015 budget, we will just be going to
yesterday that there are a few offices that mark development plan, to pick on what we
cannot even access a radio so most of the can do on that financial year and then we
residence are not informed. So I think on continue for the next five years. Then at the
ICT we should do something because even end of the five years we can sit back and
in this House we can see the way we are see, review that from our development plan
moving with this microphone from this end runs for one two three and four five remains
to this end. At least we need to recognize for the following year.
him such that the general staff would see

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Mr. Speaker, Sir, I want to say that wa chama kikuu hapa bungeni ajaribu
the governor’s speech was mostly relying kuwapa mawaidha wale watu hao au ofisi ya
onto vision 2030 status that is the socio and bwana gavana ili siku nyingine akija
economic. He didn’t talk so much on bungeni wajaribu kutilia mkazo mambo ile
political, I didn’t see him extending a hand wanainchi wangependa kuona. Lakini
through the other components, I didn’t see natumai katika kaunti letu la Siaya
him extending hand to bring peace to the tuliwachilia mbali ushuru ambaye ni 15%
whole of Siaya County although some of ambapo itatoka kwa taifa letu kuu la kati.
those we had a golden height but I didn’t see Na sema sisi kama Siaya tunapinga pia
in his speech extending his hand in all the tujiweze kuwa na ushuru wetu, kukopa
components so that we build Siaya all of us. ushuru wetu hapa Siaya.
Otherwise I think it was a good highlight Hilo ni jambo lingine muhimu
and I believe that in this budget it is going to ambapo alipokuwa akisoma kile kijikaratasi
present this House by 30th of April he will ama alipo kuwa akiwasilisha mambo yake
give us and we will be able to interrogate his hapa bungeni alijaribu kutilia mkazo sekta
budget in depth to see that this Agriculture, hii la ushuru ya hapa kaunti yetu ya Siaya na
what exactly is he planning to do in that ambayo tumeongezelea, maana sisi
area? Thank you, Mr. Speaker. tungependelea ile shilingi bilioni nne nukta
Hon. Speaker: Thank you honorable tano, tungeweza sisi kama Siaya
Odinga. Honorable Fred, please take the tungeliongelezea sisi liwe billion sita nukta
Floor. tano.
Hon. Ouda: Bwana spika, naomba Natumahi kwa miaka nyingine tano
nizungumze kwa lugha ya kitaifa, lugha ya nikijaribu kumhukumu bwana Jack Odinga
Kiswahili. Mimi kwanza ningependa itakuwa mbaya ama bwana Osuri ambaye
kumshukuru mheshimiwa bwana Jack alisema kuwa pengine itakuwa kama Dubai
Odinga kwa vile ni mtu anaye ielewa ama nchi ya Dubai kwa hivyo tafadhali kiongozi
alielewa mambo ya bajeti na ameweza wa chama kikuu hapa mjini jaribu kuwapa
kuzungumzia mambo mingi ambayo mawaidha ili watilie mkazo mambo ya
yamesemwa ingawaje moja wapo nitajirudia ushuru yetu hapa kama watu wa Siaya.
na nitalirudia na nitalirudia. Na ningependa Tujaribu kujihusishia na kuweka kila kitu
kumkuu aliyekuwa waziri mkuu wa taifa tuwezavyo kihakikisha kuwa tunajaribu
letu tukufu la Kenya Raila Amollo Odinga, kuinua ushuru wetu ya Siaya.
aliulizwa maono yako kwa inchi kuu ya Na la mwisho pia tuna serikali mbili
Kenya, ni nini alisema viundo msingi, hapa chini na serikali yetu ya kaunti, na pia
viundo msingi viundo msingi na tuna serikali ya kati ambayo kwa hivi sasa
ningependelea bwana governor ama nilifikiri na jaribu kusikia ama nasikia ama na
ama ningeliongelea siku nyingine ama ile ambiwa ama nilisoma kuwa tuna kiongozi
siku. Bwana gavana angeweza kulitilia ambaye pia anaitwa kamishna ya kaunti hii
mkazo mambo ya viundo msingi lakini ya Siaya ambaye anaongoza serikali ya kati.
ilikuwa jambo na tukamwambia kiongozi Sisi kama serikali ya kaunti tuna mambo

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
ambaye tunazifanya na zile senti tutatumiwa pande hii utapata wengine ukiangalia vizuri,
ambaye ni 15% na ile yetu pia tutakayo lakini kama tunge ungeekelea kamati,
okota hapa. Na pia akajaribu kutuambia ungeekelea kamati ya kutuweka pamoja ya
kama ataweka kamati ambayo itajaribu kaunti ya serikali ya kati unapata kuwa kazi
kuangalia kuwa sirikali yetu ya kaunti, ile haijaendelea vizuri. Kwa hivyo mimi sitaki
serikali ya clerk ambaye inaongozwa na kupinga bwana gavana kwa maneno yake au
bwana kamishna litaweza kufanya kazi kwa kijikaratasi aliyosoma hapa bungeni.
pamoja ili tuzuilie, tusije pengine kwa Ningependelea kwa hivi sasa tunaanza na hii
mfano mimi niende nifanye, nifanye mfanyi jambo jipya na hakuna anayeielewa. Hata
kazi mmoja aende atengeneza daraja au mimi ambaye nina simama hapa sasa hivi
barabara au tuekelee moja ya maji kisha ndio nina aanza kuelewa maneno pole pole
wale wengine pia waajiri kuwa walifanya tukiendeleao nimuunge mkono ilituweze
kazi hiyo ambaye pia sisi tulifanya. kujenga kaunti yetu ya Siaya. Ahsante,
Natumai najua kuwa Kiswahili sio bwana Spika.
lugha yetu lakini na jaribu kutumia ile lugha Hon. Speaker: Asante sana
nyepesi ili wenzangu ambao haweelewi . mheshimiwa Fred. Maono mazuri hayo. Yes
Bwana spika, najaribu kumuelezea ngungu please, honorable Muhula!
yetu bwana Edwin Otieno ambaye pia ndio Hon. Muhula: Mr. Speaker sir, I
kiongozi ya chama kikuu hapa bungeni want to bring to your attention that the
kujaribu kuwapa mawaidha ….ile kamati mover of this proceduration didn’t indicate
ambayo itaweza kuangalia serikali ya kaunti that members are going to be allowed to talk
na serikali ya kati yanafanya kazi pamoja. I within 10 minutes don’t know why we will
Ili tuweze kutumia senti ambazo sisi still stick to that information Mr. Speaker.
kama serikali ya kaunti ndio tutumie vizuri Hon. Speaker: I have noted but the
na hao pia waweze kuajirika kwa hiyo senti chair felt it fit to give you the ample time to
ata mukikaa chini nitatoa mfano moja nap discuss it without stopping any one, all I
engine sikusikia pengine wengine wetu au would urge is that as much as possible we
mimi au wewe tunajua. Hivi majuzi avoid repetition because without repetition I
tumekuwa na sherehe ya kumkaribisha am sure we will do within the confines of 10
bwana gavana au kuapisha bwana gavana na minutes. Okay so it is just in your best
tuliweza kupata kwa tuliweza kupata interest of this House that as allowed to
tuliweza kupata maneno kutoka kwa bwana extend. Honorable Kowii
gavana ofisi ya bwana gavana na afisi ya Hon. Owii: I thank you very much
madam clerk wetu kuwa senti zilitumwa Mr. Speaker sir, and the honorable House.
kwa afisi ya afisi ya kamishna kuweza Mr. Speaker sir, I want to support the
kusimamia jambo au kuapishwa kwa bwana governor’s speech by raising some issues
gavana. that emanated from his speech. I want us to
Sasa tunaangalia sasa kama accept to look at his speech broadly and
ukiangalia vizuri utapata kuwa senti know exactly what his take is to honorable
zikitumwa pande ile na pia senti zikitumwa members of this House. The governor Mr.

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Speaker sir, tried to champion the question I am happy Mr. Speaker from the
of enabling environment for opportunity to speech of the governor, that he said he was
succeed together as the executive and the going to establish some important structures
County Assembly. on separation of powers that will bring in
It is upon us, Mr. Speaker, Sir, that place the establishment of very important
as the Assembly to live to the task on unity boards like the County Public Board,
of purpose in time of need. And I want to County Public Service Board, County
say in time of need. Mr. Speaker sir the Executive Committee, County Assembly
governor’s speech opened our eyes to the Service Board and Plans to the Board, The
uniqueness of our resources and diversity County Representatives Structures that will
and potentiality of the County. Ours is to put go up to the village level. That one talks
in place proper governance, proper volumes and I think this one needs to be
legislation, planning and budgeting to make supported.
us realize this dream. Mr. Speaker sir, the constitution
Mr. Speaker, Sir, from the provides for a transition period of 3 years,
governor’s speech as I read through there this one was a reminder by our governor.
was invitation and encouragement of And during the same time Mr. Speaker
participation of the general public Mr. functions will be transferred to the I mean to
Speaker in budget making since we have a our County and the Assembly should accept
common identity. Mr. Speaker sir, this has to adjust our speed to conform with the
to be commended because even nationally transition period because we may take too
Mr. Speaker, the budget breaking is just long discussing issues that will make us not
done by presentation? But he has accepted match the speed of the transition. Mr.
to roll down the community that has helped Speaker sir, from the governor’s speech I
us make it to have atleast a word or two or saw one person who is out for outsourcing,
put their input so that whatever we are he talked of public private partnership a way
discussing actually comes out of the blessing of adding our development programme, he
of the community. talked of international level I mean
I say this is supposed to be exploration of international level by
commended. And this approach of bottom exploring donor funding to recommend our
up Mr. Speaker sir appears democratic resources both nationally and possibly to the
according to me giving each and every level County level. This one will mean we will
a playing ground to establish whatever they leave beyond our small budget of 4.5
would want for their development in future. percent.
Mr. Speaker sir, I may end repeating but you Mr. Speaker ,Sir, I believe attracting
will excuse me because when you speak investor to our County has helped us realize
much later like am now speaking when most threshold which of course touches on job
of honorable members have contributed they creation and poverty reduction, this one is
may end up actually repeating themselves. something this important House should
really commend. I want to encourage

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
ourselves that we should try to encourage development of Siaya was authorized but we
those people to generate needs and these will actually discus the same with the
proposals that were put by the governor for honorable governor so that they can see how
the importance of development of this best they will do it.
particular region. But on conclusion I want to say Mr.
On conclusion, Mr. Speaker, Sir, the Speaker sir that we are to give the flesh to
speech of the governor promised or made this particular document. He has touched on
promises on a long term development plan all sectors, it is our duty now to see how best
that is the road map or some sort of we have, we give flesh to this particular
implementation? on programmes to be document by coming up with legislation that
undertaken for implementation. Mr. Speaker will benefit people out of the arrangement to
sir, if would accept that this development where they are as now because if you read
plan would be …as a early as now then on page 5 it talks of the development plan
certainly even the private sector, would should give critical consideration to
come into support our development programmes that will contribute to
programmes as early as now because they employment and poverty reduction. He
will be exploited by the entire number of didn’t just stop there Mr. Speaker sir he said
counties that we have. priority will be given to programmes such us
We have very few private sectors in Agriculture and Livestock production,
this country and if 47 counties would go out Health, Education and infrastructure, trade
actually sourcing for their input their support and industry I don’t know if at all he would
then this one would mean that the issue of have used a Kiswahili word for
development plan as has been put by our infrastructure. He talked about it.
governor should be put in place in good time Other areas of concern are also put
and then that one will promote donor or there like water and irrigation Mr. Speaker
private sector input. I want to end by saying sir tourism, environment and sanitation,
that there were some areas of omissions Youth Women development, gender parity.
small as they were or big as they were. All these things were mentioned. Mr.
We are lacking, we are in a House Speaker sir, I want to stop by saying that we
that we used not to be in the position that have to do our part, we have to support this
you are giving us today as leader of one, and we have to support it. Kindly I
government business I mean leader of request the leadership in this House to
majority and his deputy call for a lot of accept and support this important document.
induction which of course you can give Thank you.
while you look for us too Mr. Speaker sir to Hon. Speaker: Thank you so much
help us actually to match these important honorable Kowii. May I bring into the
parts. I want to say an important component attention of this House that we have 40
like core particularly Rural Electrification minutes to break so whatever we are saying
Programme which according to me is a tool let us try to be mindful of time. Honorable
and a cardinal factor for industrial Lorna!

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Hon. Adida: Thank you, Mr. quite a lot of things but I want to say some
Speaker and I come to support the document of them were not detailed.
presented to us by our leader the governor I don’t know where we have the
and I want us to go to page 5 paragraph 2 detailed statement but I want to say that in
and paragraph 4 which has applied all the terms of tourism there are things within our
necessities we need to use as the honorable County that some of my colleagues have
members in the …wherever we are coming talked about the lake we have the falls. We
from …but my concern goes to page 6 have very many rivers within us and I think
almost the first paragraph which is talking those things should have come very clearly
on the issues of corruption. sincerely, in fact in his good speech that he put before us.
nationally we are intending to be corruption I want to say that I have seen his
free but my concern is just about as the concern about corruption and I want to say
honorable members concerning our pay that this has to be given a lot of strength. He
structure and depending on the nature of just mentioned about corruption that
work that we have to do in this House, it is corruption has really killed quite a lot of
enormous and if I may say, okay, at no one, institutions and I want to say that in Nigeria,
at no any given time, have I seen our where the donations started, quite a number
governor also maybe trying to show some of state officers were arrested and jailed. Am
support for the, for our remuneration. saying that from the interview that Nancy
I would really request that that Ronoh, the Chair person of anti Ethics
factor be put into consideration because with Commission had on the 11th of last month,
the kind of work ahead of us, we may be when she was talking about corruption that
very much entitled to be corrupt with us but will devolve from Nairobi to the Counties
we need good pay, otherwise I stand to so, I think this should come very clearly, and
support the document. Thank you we should as a House, give it a stop.
Hon. Speaker: Thank you so much I want to say that, the Governor, His
Honorable Lorna. First honourable ‘kawuor’ Excellency the Governor, properly
Hon. Awuor: Thank you so much, verbalized our role but I want to appreciate
[Link], Sir, I stand to support the so much that despite the fact that we are the
Governor’s speech and before I do that I watch dogs we are going so by thought to
want to first of all, because this is my look at the way the Executive walking. His
maiden Speech in this House. I want to first Excellency the Governor saw it fit to have
of all congratulate His Excellency the our inputs and develop… I think this is very
Governor, and my colleagues for having good for members and we must support;
gone through the just concluded Elections. I personally I must support that. Investment
also want to thank the people of Yala for was just mentioned by passing and I think
having seen it fit to elect me to be first the County needs to own, we need to own
member of the County Assembly. Having some assets, some good resources.
said that Mr. Speaker, I want to say that the We do have a lot of problems when
Governor, the Governor’s speech covered we have, when we have few resources; I

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
think we need to have, to own or to tap development agenda of this County is
resources around here or at the County moved forward and in the right direction
Assembly. I don’t want to bore this House from the start.
Mr. Speaker Sir, with a lot of things, but I Mr. Speaker, I would have wished
want to just lastly say that I did not get it in to hear from the Governor’s speech how
the speech because all the authorities dined after the Assembly has helped in passing
at the 4th of March and I think we had our government bills and motions, he is going to
last… support the members of the County
Now, I know and believe, that after Assembly, he is also supporting the
the death of our Local Authorities, there development agenda of the County
were some assets and Liabilities. I believe Government. I would have wished Mr.
we should have been very clear, in his Speaker for the governor to propose and
speech to know how the debts are going to involve funds at the ward level so that
be cleared, how the assets are going to be members of this Assembly would also be
utilized, how they come in here; I think that able to implement some of the projects and
should be very clear. Mr. Speaker, I stand to agendas that they promised their
support the Governor’s Speech, thank you. constituents when they were campaigning,
Hon. Speaker: Yes, honorable Mr. Speaker.
Booker! So, I hope even though the speaker
Hon. Minami: Thank you Mr. did not, even the Mr., the honorable
Speaker. Mr. Speaker, I stand to support the governor did not highlight the issue of
governor’s speech but with devolved funding from the County level to
recommendations so that our County can the ward level, am appealing to this House
start on the right foot. Mr. Speaker the to consider devolving that fund because a
governor gave a very long speech which was person just passing notes representing our
very general as certain members have noted. people we are also politicians who kept
Mr. Speaker, I would like that the next time promises to our people that we are going to
the governor comes to make a speech do a, b, c, d, and as things stand now
especially a maiden speech in the Assembly, members of this County Assembly are not in
he should outline very specific issues that control or not advantaged to any funds at all.
will help to move this County forward Mr. Secondly, Mr. Speaker, I shall also
Speaker. propose that the governor when making his
Mr. Speaker, on the issue of funding speech again, he should also consider other
or the issue of devolved government, Mr. areas like the Natural Resources. We have a
Speaker you know that we have devolved lake here that is not doing anything, I hear it
government and we also know that funding is called Lake Kanyagoi, perhaps Mr.
has been devolved. Mr. Speaker, the Speaker that is a resource that can be used
governor’s speech, he recognized the critical for irrigation, tourist attraction or sanctuary,
role that members of this Assembly are and those are avenues perhaps this County
going to play to make sure that the can have in terms of tax collection and

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
revenue collection. Third Mr. Speaker Sir, ward offices. Now we are honorable
am sorry, we also have Natural Resources members we need to have offices in our
along River Yala, part of the Yala Swam, we wards not in our homes with those few
have the Thermo Falls along river Yala remarks I beg to support.
coming from Yala town. Mr. speaker a Hon. Speaker: Thank you so much.
survey was done almost thirty years ago Honourable Munda
which indicated that Thermo Falls can be Hon. Munda: Thank you Mr.
utilized to produce electricity which can Speaker sir for the chance to contribute on
serve the whole of Siaya County and the the speech. First I comment of the speaker’s
neighboring counties such as Busia, Vihiga speech because he touched about the issue
and Kisumu and Mr. speaker indeed that of our County Siaya. We have different
will also be a source of revenue in this parties here, we have to be united, to have
County and the issue of power outrages and the unity although we are from different
power whatever will be a things of the past parties. He told us that he met people from
for this County. all walks of life since he was elected……he
Mr. Speaker, finally we have the also talked about the objectives of
issue of youths, as I said earlier, the devolution where we manage our own
governor just mentioned areas, but Mr. activities down to the communities, this is a
Speaker we need clear points to make sure very important thing.
that the youths of this County are utilized in The governor also talked about
a positive way not only for their own benefit revenue generation, this is a very important
but the benefit of this County Mr. Speaker. tool in our County of Siaya because those of
Mr. Speaker we have a lot of talents from us who were in the last……I myself and Mr.
our youths we have a lot of praise from our Kowii, honourable Ombee do concur with
youths Mr. Speaker. What we need to do is me that there was a lot of waste outside
to amnesty talent so that we can use it in a there, such collection was not being done in
productive way to make sure that our youths the highway and …collection …
earn a living, to make sure that our youths He also talked about donor funding
produce or contribute to the productive and ….that is a very important area. You
growth of this County Mr. Speaker. Mr. know the when it comes to donor funding on
Speaker with those few remarks I beg to the national …we cannot move……… He
support the governor’s speech. Thank you, also talked about County long term
Mr. Speaker. development where he touched on livestock
production, trade, tourism, agriculture, I
Hon. Speaker: Honorable Ombee, think this could be done very urgently……
please! He also talked about security.
Hon. Ombee: Thank you, thank you
Mr. Speaker sir, there is one area which the Lastly without wasting a lot of time, he
governor did not mention in the, our recent, recognized that this House should come up
as a member of the County Assembly and with frame works to prosper in the

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
development of centres …in this House, and We have seen to be able to come in
this is very important in our County of without … like Bondo, Siaya and those are
Siaya…to support the speech of the the two major towns and there is no parking
governor. space and I would as well request my
Hon. Speaker: Thank you so much colleagues, it is going to be one of the
honorable Munda. Honorable Apiyo, you business to discuss and if at all the charges
have something to share with us? and the parking space to be charged fee. The
Hon. Apiyo: Thank you, Mr. fee we will discuss that, we discuss the
Speaker. Before I present my observation figure and if possible the market places.
about His Excellency the Governor for the There are revenue collection and how they
wonderful speech, first I support this speech, will be collected. Our local money is not
indeed it was wonderful. One Mr. Speaker I coming into the County, we as members
would tackle, he mentioned about the Mr. Speaker, Sir, I would also wish
coalition. I would request both Homabay to talk about the fish. Those are the areas
coalitions ---About Siaya County. where we can collect the revenues.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Tuesday, 30th April, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

Hon. Speaker: Honorable members, nominated members. We will have the

I want to bring to your attention that we are numbers to guide our deliberations.
awful sorry for this delay. The delay has Another issue is, that I know that the
been occasioned by the delay by the budget estimates according to our standing
executive to submit to us the budget orders needed to have been submitted to us
estimates. Today was the legal deadline. We three days before being laid before this
had no choice but to wait. And I had a House for obvious reasons that members go
strong word from this Assembly that never through it. That never happened. I beg this
again shall we condon this? honorable Assembly press into indulgence
They have to be prompt, respect the to accept matters as they are and accept to
deadlines for they are not there for fun. receive it but never again should that
Honorable members, I wish also to talk happen.
about a matter that was mentioned in the The other matter of concern is,
beginning of our being here the question of honorable members would like to know
when they receive their payments, their
Leader of Minority. I gave a word of
salaries. I have just been with the executive
commitment that I will give a ruling; I will person in charge of finance and he told me
give that ruling after the gazzetment of that the requirement is that they be taken
through systems and this week they are
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
going through training on a system called County Assembly Business
IFMIS which is International Finance Committee
Management Information System. And the 1. Hon. George Owino Okode -
whole of next week they will be going Chairperson
through another system by Central Bank. 2. Hon. Stephen O. Adera - Vice
We asked them how about other County Chairperson
Assemblies and he said perhaps those people 3. Hon. Edwin M. Otieno -
made mistakes. What the law requires is that Member
they be taken through this and that is the 4. Hon. John Gare (Chief Whip) -
position. Thank you. Member
Clerk of Assembly: Order number 5. Hon. James O. Munda -
three messages Member
Order number four petitions 6. Hon. Andrew Omollo Omwende -
Order number five papers Member
Order number six notices of motion 7. Hon. Erick Oduya Ndonji - Member
Order number seven statements 8. Hon. Joseph Awour -
Order number eight motion Member
Hon. Speaker: Yes honorable 9. Hon. Willis Ochieng -
Otieno. Member
Hon. Otieno: Mr. Speaker sir, I beg 10. Hon. Lorna Adida -
to move the following motion that pursuant Member
to the provision of the standing order 11. Woman designate - Member
number 152 this House approves the 12. Woman designate - Member
appointments of the following committee 13. Woman designate - Member
members to the interim County Assembly On the standing order number 153,
Business Committee. Mr. Speaker sir, I we managed to come out with the following
would like to say that these committees that members of the Committee on Selection,
will be brought before the House are the we have:-
nerve set up of this Assembly business. I 1. Hon. Edwin Otieno Martin -
want also to say these important committees Leader of Majority party, Chairperson
will ensure the daily running of this House 2. Hon. John Gare (Chief Whip) -
and ensure the service delivered to our Member
people of this County. We are saying we 3. Hon. William Owiti Angul -
have tried to put all our honorable members Member
in various committees. You may find that 4. Hon. Joseph Agoko - Member
your interest was not served as you wanted 5. Hon. Jack Odinga - Member
but we are pleading and appealing you to 6. Hon. Nicholas Ayima Were -
accept where you find your name. We are Member
also asking you that there is no important 7. Hon. Joshua A. Owiti Osuri -
member than the other, we are all equal to Member
this task of business in this House. I will 8. Hon. Elisha Okuku - Member
therefore want now to call the list as all of 9. Hon. Booker Otieno -
you I think have copies so that we don’t Member
waste time. I will go through the list as it is. 10. Hon. Charles Omollo Kowii -
First we have the Committee for:- Member
11. Hon. Pius Ogutu Ombiyo - Member

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
The other committee, Mr. Speaker, 4. Hon. Jactone Odinga - Member
sir, that is 5. Hon. Leonard Oriaro - Member
Committee on Appointment under 6. Hon. Pius Ombiyo - Member
standing order number 185 are the 7. Woman designate - Member
following:-
1. Hon. George Owino Okode – Speaker of Mr. Speaker, Sir, I am now on the
the County Assembly, Chairperson committee of
2. Hon. Stephen Ouma Adera -Vice County Assembly Privileges, Procedures
Chairperson and Rules Committee understanding order
3. Hon. Edwin M. Otieno - number 188. We have:-
Member 1. Hon. George Owino Okode -
4. Hon. Gare - Member Chairperson
5. Hon. Benson O. Omondi - Member 2. Hon. Stephen Ouma Adera - Vice
6. Hon. Christopher A. Apiyo - Chairperson
Member 3. Hon. Pius Ogutu Ombiyo -
7. Hon. Lorna Adida - Member Member
8. Woman designate - Member 4. Hon. Charles Owii -
9. Woman designate - Member Member
5. Hon. Fred Odhiambo Ouda -
Just as a continuation, Mr. Speaker Member
sir, we have the Committee understanding 6. Hon. Joannes Andiego -
order 187. This is the committee of Member
County Budget, Appropriations, Finance 7. Hon. Nicholas Ayima Were -
and Planning Member
1. Hon. Jack Odinga - Chairperson 8. Woman designate -
2. Hon. Peter Muhula - Vice Member
Chairperson 9. Woman designate -
3. Hon. Joseph Oluoch Kawuor - Member
Member Speaker sir, motion 14under
4. Hon. James Obiero Otare - Member standing order number 196, the
5. Hon. Jared Abayo - Member Committee on Delegated County
6. Hon. Sylvester Madialo - Member Legislation Justice and Legal Affairs
7. Woman designate - Member This committee is chaired by:-
8. Woman designate - Member 1. Hon. Sylvester Madialo -
9. Woman designate - Member Chairperson
2. Hon. Booker Otieno - Vice
I am now going to the next one, Chairperson
which is 3. Hon. Fred Odhiambo Ouda -
County Public Investments and Accounts Member
Committee under standing order number 4. Hon. Joannes Andiego -
186. We have:- Member
1. Hon. William Owiti Angul - 5. Hon. Nicholas Ayima Were -
Chairperson Member
2. Hon. Fred Odhiambo - Vice 6. Hon. Stephen Ouma Adera -
Chairperson Member
3. Hon. Lorna A.O. Adida - Member

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
7. Woman designate - County Sectoral Committee on Public
Member Works, Roads, Transport and
Motion 15 Mr. Speaker sir, standing Communication
order number 191which provides for the We have;-
Committee Sectoral Committee on 1. Hon. Benson O. Omondi - Chairperson
Health, 2. Hon. Christopher A. Apiyo - Vice
we have:- Chairperson
1. Hon. Mathews O. Onduru - Chairperson 3. Hon. Pius Ombio Ogutu - Member
2. Hon. Nicholas Ayima Were - Vice 4. Hon. Joannes Andiego -
Chairperson Member
3. Hon. Edwin Otieno Martin - 5. Hon. Booker Otieno -
Member Member
4. Hon. John Gare - Member 6. Hon. Andrew Omwende - Member
5. Woman designate - Member 7. Hon. Edwin M. Otieno -
6. Woman designate - Member Member
7. Woman designate - Member 8. Woman designate - Member
9. Woman designate - Member
Motion 16 Mr. Speaker, Sir, provides for the Motion number 18 Mr. Speaker sir,
committee for this is the
Sectoral Committee on Education, Youth Committee on Water and Irrigation,
Affairs, Gender and Social Services standing order number:-
Here we have:- 1. Hon. Elisha A. Okuku -
1. Hon. Lorna A.O. Adida - Chairperson
Chairperson 2. Hon. Peter Lolwe Ombee - Vice
2. Hon. Andrew Omwende - Vice Chairperson
Chairperson 3. Hon. Booker M. Otieno -
3. Hon. Joshua O. Osuri - Member
Member 4. Hon. Nicholas Were -
4. Hon. Charles O. Owii - Member
Member 5. Hon. Joseph Agoko -
5. Hon. Eric O. Ndonji - Member
Member 6. Hon. James. O. Munda -
6. Woman designate - Member Member
7. Woman designate - Member 7. Hon. Mathews -
Mr. Speaker, sir, motion 17 Member
understanding order number 191 also, there 8. Woman designate -
is a chair there again for Mr. Speaker sir, the Member
County Sectoral Committee on Education 9. Woman designate -
under Youth Affairs, Gender and Social Member
Services Mr. Speaker, Sir, motion number 19,
Hon. Speaker: That is a typing here is the Committee on
error, just continue County Sectoral on Public
Administration and Governance
Hon. Otieno: Yes, it’s a typing Here, Mr. Speaker sir, we have:-
error. Next 1. Hon. Joseph O. Kawour -
Chairperson

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
2. Hon. Joshua O. Osuri - Vice 4. Hon. Joseph Agoko - Member
Chairperson 5. Hon. Elisha Okuku - Member
3. Hon. Peter Muhulah - 6. Hon. James O. Otare -
Member Member
4. Hon. Nicholas Aneme - 7. Hon. Benson Onyango -
Member Member
5. Hon. Benson Omondi - 8. Woman designate - Member
Member 9. Woman designate - Member
6. Hon. James O. Munda - Mr. Speaker sir, motion 22
Member understanding order, this is the committee
7. Woman designate - Member members on
8. Woman designate - Member Sectoral Committee on Agriculture,
9. Woman designate - Member Livestock and Cooperative Development
Motion number 20 Mr. Speaker sir, Here we have:-
that pursuant to the provision of the standing 1. Hon. Joseph Agoko -
order number 191, this House approves the Chairperson
appointment of the following members, that 2. Hon. Willis Ochieng - Vice
one also is an error of the standing orders. Chairperson
This is the committee on 3. Hon. Mathews O. Onduru - Member
County Sectoral Committee on Trade, 4. Hon. Joshua O. Osuri -
Industry, Labour and Fisheries Member
Here we have:- 5. Hon. Erick Ndonji - Member
1. Hon. James, O. Munda - 6. Hon. Peter L. Ombee -
Chairperson Member
2. Hon. Eric O. Ndonji - Vice 7. Woman designate - Member
Chairperson 8. Woman designate - Member
3. Hon. Nicholas Aneme - 9. Woman designate - Member
Member Motion number 23 Mr. Speaker sir,
4. Hon. John Gare - Member this is a committee on
5. Hon. Willis Ochieng - Land Physical Planning, Surveying and
Member Housing. Here we have:-
6. Hon. William Owiti - 1. Hon. James Obiero Otare -
Member Chairperson
7. Woman designate - Member 2. Hon. Joannes Andiego - Vice
8. Woman designate - Member Chairperson
9. Woman designate - Member 3. Hon. Christopher A. Apiyo -
Member
Mr. Speaker, Sir, motion number 21. This is 4. Hon. Joseph O. Kawour -
the committee on Member
Sectoral committee on Tourism, Wildlife 5. Hon. Charles O. Owii -
Conservation and Information Member
Mr. Speaker sir here:- 6. Hon. Leonard Oriaro -
1. Hon. Jared Abayo - Chairperson Member
2. Hon. Nicholas Aneme -Vice 7. Hon. Peter L. Ombee -
Chairperson Member
3. Hon. John Gare - Member

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
8. Woman designate - 2. Hon. Pius Ombiyo - Vice
Member Chairperson
9. Woman designate - 3. Hon. Peter Muhula - Member
Member 4. Woman designate - Member
Motion number 24, which is for the interim 5. Woman designate - Member
County Liaison Committee headed by the Mr. Speaker, Sir, we have a
honorable speaker, committee known as
County Assembly Service Board, the law
1. Hon. George O. Okode - requires:-
Chairperson 1. Hon. George Owino Okode -
2. Hon. Edwin Otieno Martin - Chairperson
Member 2. Hon. Edwin Martin Otieno - Vice
3. Hon. Jack Odinga - Chairperson
Member 3. Mrs. Dorothy Owiro -
4. Hon. William O. Angul - Secretary.
Member Motion number 27 Mr. Speaker sir,
5. Hon. Sylvester Madialo - we have the panel of the speaker,
Member The Speaker’s Panel. Here we have:-
6. Hon. Mathews Onduru - 1. Hon. Stephen Ouma Adera
Member 2. Hon. Sylvester Madialo
7. Hon. Lorna Adida - 3. Hon. Jared Abayo
Member 4. Hon. Lorna A.O. Adida
8. Hon. Benson O. Omondi - Motion number 28 Mr. Speaker sir,
Member this one is for the County Assembly Offices.
9. Hon. Elisha O. Okuku - Mr. Speaker the motion 28 I repeat that
Member pursuant to the provisions of the standing
10. Hon. Joseph Kawour - orders this House approves the appointment
Member of the following Members to the various
11. Hon. James O. Munda - County Assembly Offices:-
Member 1. Hon. Edwin Martin Otieno - Leader of
12. Hon. Jared Abayo - Majority Party
Member 2. Hon. Charles Kowii -Deputy Leader of
13. Hon. Joseph Agoko - Majority Party
Member 3. Hon. John Gari - Chief Whip
14. Hon. James O. Otare - 4. Hon. Booker Minami Otieno - Deputy
Member Chief Whip.
15. Hon. Leonard Oriaro - Motion 29 Mr. Speaker sir, that
Member . pursuant to the provisions of the Standing
Mr. Speaker sir, that list is that long Order
by the virtue that this committee requires Hon. Speaker: Order honorable
every chairman of other/various committees Otieno. Ask somebody to second
to be here. The other motion number Hon. Otieno: I now call my
25under standing order number 189, the counterpart honorable Kowii to second the
Committee on Implementation. Here we list tabled before the House.
have:- Hon. Owii: Mr. Speaker sir, I stand
1. Hon. Leonard Oriaro - Chairperson to second the list of members of various

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59
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
committees starting from Motion number 8 Hon. Ndonji: Thank you Mr.
to 28. I say this because going through the Speaker Sir. First I want to congratulate our
list I have noticed the following Mr. colleagues who are in the Select Committee
Speaker, Sir, that the selection committee for the good job they have done but there is
that was working on this really recognized some issue that I have with the, The first
regional balance that was number one. one, the chair to the Finance Committee is
Number two, Mr. Speaker, Sir, in included in the Public Accounts and
some instances as they were running through Investment Committee which is an
the interest of our honorable members, Oversight Committee. I don’t see how the
interest was considered, only in some cases chairman can be in the committee that he is
where interest could not be considered is going to be auditing his job.
where one was moved to may be a different There is also a member William
committee. I also want to say that there was Ogul who is in all the committees, so I don’t
consideration on the gender issue, the understand on these two committees.
gender balance. I only fear that it appears Secondly, my other concern was raised by
that the slots that are remaining are only deputy, leader of majority. He said … who
meant for ladies because it has been are coming …Then lastly, order number 20,
indicated. the list of members in Trade, Industry,
I want to urge the Assembly Mr. Labour and Fisheries, the name Nicholas
Speaker sir, to accept passing the list s a Aneme is appearing but the initial list had
whole because if we don’t do otherwise then the name of Nicholas Were. So I don’t know
the whole list stands rejected and that will if it is typing error or if honorable Aneme is
mean that we go back to the selection supposed to be there. Thank you, Mr.
committee and start again. So my biggest Speaker.
appeal is that let us consider accepting and Hon. Speaker: Yes, honorable
approving these list as it has come. Thank Muhulah!
you Mr. Speaker sir. Hon. Muhulah: Thank you so much
Hon. Speaker: Thank you honorable Mr. Speaker. I rise to one; I want to
Kowii. Before I open this for debate, I have congratulate the honorable members for the
made an observation and this Committee on massive work that they engage in to come
Liaison. The hair is donated by the standing up with this committee. However, Mr.
orders, so I don’t know it’s a typal error or it Speaker, I would want your guidance in the
is made to be the speaker. Honorable motion number 8 and 9. If you recall, Mr.
Otieno! Speaker, the direction of these committees
Hon. Otieno: Mr. Speaker sir, on the was that the all the six sub counties were
Liaison Committee, it is a typing error, it supposed to have been presented and that it
should be headed by honorable Kadera. On was every sub County was to give a choice
the same note Mr. Speaker, there is an of their people.
omission also in the committee of County I want to bring to your attention that
Budget, Appropriation, Finance and in the County Assembly, Mr. Speaker, my
Planning, there is also one member whose sub County I was in the executive. In the
name is not appearing that is none other than Selection, sorry Appointment Committee,
honorable William Onguru who happens to again the sub County of Alego Usonga was
be a member in that committee. supposed to have been presented by
Hon. Speaker: I invite member’s honorable Silvester Oriaro. When I look at
participation. Honorable Erick Ndonji! the final list that has been presented in this

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
House, Mr. Speaker I want to bring to your these types of errors. I think you mentioned
attention that I do not know whether the it, that you did it in a rush. That is why we
formula was changed or we still have to go are having these issues so feel free to raise
with the formula that was proposed from the them but remember as we said in future we
chair sir. I would request your indulgence on will respect our standing orders, timeline
that issue. Thank you, Mr. Speaker. there inset. Yes, honorable Madialo please.
Hon. Speaker: Thank you honorable Hon. Madialo: Thank you Mr.
Muhulah. As a matter of fact, two or three Speaker sir. There is need to pass these list
committees of this House had their so that we …… whether to correct these
membership put to the ballot and we had anomalies we move the House by way of
presentations from every constituency. The motion on the floor, we simply amend and
understanding of the chair is that any other correct, we go on so that we don’t have a
name that is in these three committees that situation where. …..
was not there before should only be that Hon. Speaker: The chair agrees that
which is designated by law. Like in the if the issues we are having are typical related
County Business Assembly Committee, it is then we can adjourn for 10 minutes correct
in law that the speaker is the chair, the the list even if it is just hand written then we
deputy the vice, leader of majority and the get a copy of that hand written and then we
chief whip. So if there are any people who proceed with the debate. The chair has made
are representing their constituencies in the a ruling honorable Odinga. Just join the rest
constitution of these committees that their in adjourning for 10 minutes. Thank you.
names are missing then we need to know
who they are and that needs to be rectified. (Abreak of 10 minutes)
Yes, Honorable John.
Hon. Gare: Thank you Mr. Speaker Hon. Speaker: Honorable Otieno is
sir. Mr. Speaker I want to agree with the list ready?
honorable Peter Muhulah that on motion Apologies from the chair for that
number 8, there was actually an omission I interruption of our proceedings. Honorable
think in the typing because the name that we Otieno, you had gone to correct some
took there were the names which were anomalies, typal related in the list, can we
elected in this House and actually it was get to know what you have corrected
supposed that Mr. Peter Muhulah be on that Hon. Otieno: Mr. Speaker sir we
list on County Assembly Business come to you ask for apologies for the
Committee, then the designate are now inconvenience we realized before the House.
supposed to be two not three because his We have addressed the issue of omissions in
name ought to have been there for us to have our list and we also corrected the names that
that number. were transferred to different committees.
Same to number nine with the Mr. Honorable speaker sir, if you go to
Madialo, his name is supposed to be there. I the County Assembly Business Committee
think when we took them for typing the we now included the name of honorable Mr.
power was not there and now they have just Muhulah as a member there. Come again to
been brought here when we were starting the Committee on Appointment, the
and there are errors which we can correct. omission of names of honorable Sylvester
Thank you, Mr. Speaker. Madialo is now inserted, also honorable
Hon. Speaker: I wanted to get a Jared Abayo, we also inserted that one.
statement from the committee regarding Motion 13, that is County Assembly

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Privileges, Procedures and Rules addressing the issue of balancing the
Committee, there was a wrong spelt name of equation. Mr. Speaker, there is a honorable
the honorable Nicholas Were was appearing member who had raised the issue of PAC
in this list when it was supposed to be and Finance Committee where some
honorable Nicholas Aneme which is now members were appearing in both.
corrected. Anomaly was also in the County Mr. Speaker, I wish to state that
Sectoral Committee on Trade, Industry, there is no harm for a member to appear in
Labour and Fisheries where we now have both committees because Mr. Speaker the
honorable Nicholas Were instead of government from the National level will
Nicholas Aneme. Those are the corrections have three arms of government. We have
so far that are done. Legislature; we have the Executive and the
Judiciary. At the County level Mr. Speaker
Mr. Speaker, Sir, where I have ended is we have two levels of government that are
where your chair directed us to go and make separate, that is the Executive and the
corrections and we have done that. Thank Legislature which is seated here today.
you, Mr. Speaker, Sir. Mr. Speaker, both the Executive and
Hon. Speaker: Did you address the the Legislature all work separately and
issue of women designate? independently and the work of the
Hon. Otieno: Yes Mr. Speaker sir, Legislature is to supervise/monitor what the
they are now the nominees not women executive does. And the executive cannot go
designate. into….and therefore the committees which
Hon. Speaker: Meaning? are formed, like the PAC its mandate is to
Hon. Otieno: Meaning any other, monitor on the activities of the executives
however marginalized, women can now be and therefore the better if we have a strong
inserted in those committees. committee that will monitor the executive
Hon. Speaker: Thank you. You the better. Even if we can have a member
realize the mood of the House is that as appearing in both, I don’t think its harm and
much we take cognism of gender rules or that is aloud and Mr. Speaker you make a
issues, we also take cognism of issues of ruling on it. In my contribution I don’t see
marginalized persons, the youth and the any harm in any member to appear in both
people with disabilities. So I hope in your so long as they perform their role in the
constitution of those committees you will interest of the government. Thank you, Mr.
factor in on that. Yes, the list is before the Speaker.
floor for debate. Any other contribution on Hon. Speaker: Honorable Omwende
the same? Honorable Kadera, do you have Hon. Omwende: Thank you Mr.
something? Speaker. On the Selection Committee, I
Hon. Adera: Thank you Mr. wanted to know what criteria they use
Speaker sir, I wish to make contribution. because I can see that some members are
First I wish to congratulate the Selection appearing 5 times. So, I need guidance from
Committee for the good work. Actually it is the Selection Committee if they can advise
not easy to slot various honorable members me.
in various committees, but they tried their Hon. Speaker: Did you have the
best. I saw them at the corner since morning, name of that member appearing four/five
I thought that they were having a difficult times?
issue that they were pressing and indeed Hon. Omwende: I have the name.
they were having very hard time in Hon. Speaker: Please share with us.

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Omwende: If you can see the they are more or less inter related, because
whole list, there is honorable Mr. Joseph committee on Implementation will do
Agoko who is appearing 5 times whatever resolutions that are passed by the
Hon. Speaker: The Selection House to make sure that are fully
Committee, a member can appear more than implemented by the executives. Honorable
5 times if one, his position is donated by the Oriaro is the chairman of that committee and
rules. For example the speaker, he chair for also a member in the PAC committee. So I
the oversight House Keeping Committees want to believe that this House should be
could be ten. Sometimes say the leader of guided that these committees are chamber of
majority where he is in a position donated to the executives. Thank you Mr. Speaker sir.
him by our standing orders he can appear Hon. Speaker: Thank you.
more than five times. Diverse again there is Honorable Kawour.
honorable committee members to clarify to [Link]: Thank you, Mr.
us because our standing orders, I think we Speaker, Sir. I stand here to support these. I
had an understanding that members should want to first of all to congratulate those who
appear in not more than three sectoral won because some areas it was competitive.
committees. As they peruse through any So I want to congratulate you. Mr. Speaker I
other contributions please. Yes honorable had two issues that one was just to support
Odinga. the list and two I also stood on a point of
Hon. Odinga: Thank you Mr. order last Thursday, Mr. Speaker. Honorable
Speaker sir. I just wanted to differ where the member of---Stood on a point of order that
deputy speaker honorable Kadera has there was a stranger in the House then you
spoken about the membership of these gave a direction.
committees. Initially just before we You gave a rule that that person was
adjourned for ten minutes, there was a not a stranger rather he was honorable
member honorable Odonji who infact called member but you directed that he goes out
that the name Jack Odinga is appearing and dress properly. I know Mr. Speaker, you
twice that is the Budget Committee and don’t see until you are reminded. I want to
Appropriation Committee and PAC remind you Mr. Speaker, Sir, that we have
committee. I want to say that these an honorable member who is not dressed
committees what we should understand is properly in this House. I had two issues Mr.
that we are going to check on the executives. Speaker that I wanted to put before you.
We are not going to check on our selves. If Thank you Sir.
at all Jack Odinga was chairing the Budget
Committee and at the same time chairing the Hon. Speaker: Honorable members,
PAC Committee then even myself I would look at yourself, if you are not honorably
have had an objection because you cannot dressed to the complimentary standards. The
chair two meetings which are related standards of this honorably Assembly then
somehow. do us the justice of doing so without us
The other thing, if you look at the asking the sergeant at arm help you do it.
standing order number 189 which talks Any contribution? Honorable Oriaro.
about Implementation Committee, there are Hon. Oriaro: Thank you Mr.
two members, honorable Oriaro and Speaker sir. Taking in view of the fact that
honorable Ombiyo who are also members of the reasons for being of a government is
the PAC committee. If you look at the well understood more so in a democracy is
functions of the two committees it’s like well understood in the context of the

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
delivery of the democratic tools. I arise to Hon. Erick: His was a small point
support the constitution of these committees Mr. Speaker sir. He was saying that we are
bearing number one, that the oversight role broke so when are we going to get our pay.
of the House is well catered for in the belief Thank you.
that the County Government and our people Hon. Speaker: That honorable
should be seen as one engine that can only member forgot his coat; he even forgot what
descend into motions by a sound role of the I had said. There was communication from
oversight and seeing that us in the the chair which said when we are likely to
opposition have been made to be part of the get our pay. Honorable Kowii, please.
implementation committee which in my side Hon. Owii: Mr. Speaker sir, thank
I would see it as being supreme. I stand to you very much. I believe that the point of
say that our existence in catered for upto to order that was given by the honorable
the task Mr. Speaker sir. Thank you. Ndonji didn’t touch on only one member
Hon. Speaker: Thank you so much. Mr. Speaker sir, and we have to honor this
Honorable Fred. same House. There is one member in this
Hon. Ouda: Thank you, Mr. House who is not properly dressed. Kindly
Speaker, Sir. ask him, kindly just to leave the House.
Hon. Speaker: Honorable Fred Hon. Speaker: Honorable …The
Hon. Ouda: One speaker does not have eyes but he can
Hon. Speaker: Honorable Fred always see. So please go and dress out
order. I don’t know why I believe that you properly.
are not dressed properly. Hon. Andiego: Thank you Mr.
Hon. Ouda: Mr. Speaker sir, last Speaker. Mr. Speaker I didn’t know that if I
week I can quote you said not honorable have a problem with my leg I cannot attend
dressed, and when we walked out they came Hon. Speaker: Now you know
back dressed in a nice shirt and a good tie Hon. Andiego: Kindly I am
like mine and you said that they are now in requesting if you don’t mind because am
the House. sick. Sickness is a ……
Hon. Speaker: Honorable Fred, Hon. Speaker: I wish you knew we
even the chair can make mistakes, but the are all sick but we are still sweating in these
chair does not see. You saw I never saw. So suits. So please leave. Yes honorable Osuri.
for today I have seen you, please go and Hon. Osuri: Thank you Mr. Speaker
dress up properly. sir. While I arise to support the list of
Hon. Ouda: Sir, for today Mr. committees Mr. Speaker sir, now that we
Speaker sir let me make my contribution have started a serious business of the House,
then I walk can we get indulgence from your chair as to
Hon. Speaker: I dispute. Honorable when we expect some of these our
Fred, this chair is very far even when the colleagues that we have left slots so that we
chair is laughing. Please leave. Please tell can be moving together. Thank you, Mr.
honorable Erick to make it on your behalf. Speaker, Sir.
Tell honorable Erick to make it on your Hon. Speaker: Thank you so much
behalf. honorable Osuri. The position in law is that
Hon. Erick: Thank you, Mr. we can, the nominated members can take off
Speaker, Sir. any time they are gazzetted in the Kenya
Hon. Speaker: Let him leave first gazette. What we saw a few days ago was
then you continue. for public consumption when the proposed

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names just appeared on the local dailies. Hon. Speaker: Thank you. Yes
They had not yet been gazzetted. honorable Muhulah.
There was provision for dispute; Hon. Muhulah: Mr. Speaker thanks
those with issues could rise so there is the once again. I rise to support the work the
Dispute Commission Committee that was honorable member’s team. Mine is a
listening to the particular concerns. That concern which this House has to take
committee I was meant to understand had to considerably. I want to remind you Mr.
give their verdict on ruling on the 27th on Speaker that I belong to the constituency of
Saturday because of, they asked for an disability and I see that one not to secure
extension. So as soon as they are gazzetted, I sympathy from the honorable House but to
don’t have the timelines but as soon as they tell the honorable House that actually the
are gazzetted will have them in this House. right of the people with disability to be taken
Thank you. Yes honorable, honorable care of.
Elisha. The House has started very seriously
[Link]: Thank you Mr. Mr. Speaker with contributions from
Speaker, I rise to support the document and I honorable members. We have most of the
would rather request my colleagues and the people who we will be sitting in the galleries
committee members, honorable members to and they have problem of hearing Mr.
work in harmony with the other people and Speaker. I wonder what your office is doing
consult widely so that we can steer up the in terms of providing the people who can do
County. Again I request the Selection the sign language for our brothers and sisters
Committee team to look on the errors, like who are impaired in terms of hearing for
when we go to motion number 18, you will them to also know or contribute or applause
find that Elisha A. Okuku is the chairman of to support whatever this House is doing Mr.
Water and Irrigation while we don’t have Speaker. It’s a great concern. Thank you,
Elisha A. Okuku, we only have, Elisha O. Mr. Speaker.
Okuku. Thank you. Hon. Speaker: Yes honorable
Hon. Speaker: Okay, noted. There William, Willis sorry
was this issue of one member appearing Hon. Ochieng: Thank you Mr.
more than five times. Yes honorable John. Speaker. I thank the Selection Committee on
Hon. Gare: Thank you Mr. Speaker. good job done. I am seeking advice or
Mr. Speaker this work as other members direction on motion number 16 on
have said is not as easy. Actually at times Committee on Education, Youth Affairs,
you can, but what we have done, actually Gender and Social Services. Mr. Speaker sir,
after when the leader of majority was as you can see the committee on Education,
reading through he did not mention it but he Youth Affairs, Gender and Social Services
realized earlier that, we had removed two so and in the list am seeing here if I don’t see
that we can remain with three and in motion well then remind me. Those representing the
number 21where there is five, County youth affairs are not in the committee here.
Sectoral on Tourism, Conservation, Wildlife So Mr. Speaker the selection committee
and Information he is no longer a member should give us..
there. And then there is motion number 18 Hon. Speaker: Yes honorable John.
where there is Sectoral Committee on Water Hon. Gare: Thank you, Mr.
and Irrigation, he is not a member there. We Speaker. Motion number 16. There is
are sorry for that. Thank you. number six is honorable Booker there? Then
I think we are sorry for that I have a list

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where honorable Booker is there and Booker Hon. Otieno: We have honorable
is a youth. Booker
Hon. Speaker: You have another Hon. Speaker: And we are not
list? having honorable Booker in more than three
Hon. Gare: Mr. Speaker, you committees? And we are sure honorable
remember we went to correct some errors, Booker is a youth? Honorable Booker. Yes,
during that correction, that was done and honorable Booker.
honorable member, leader of majority did Hon. Minami: Thank you Mr.
not read it. Again I want to support it with Speaker. I am standing on a point of order.
the fact that there is also some nominee and In this House we only have honorable
we realized that we take this from women members, we don’t have youths. May be
designate nominee such that we leave room what you have been saying, a honorable
for those who are coming. Some of them are member representing the interests of the
even youths which will be in that committee. youths and calling a honorable member in
Another thing Mr. Speaker, you realize that this House Mr. Speaker, I think that is out of
when the honorable members gave us their order.
area of interest, you will realize that some of Hon. Speaker: Point taken
the youths who want now their names to be honorable Booker. We will proceed hoping
there did not show interest in that that his name is, an honorable member
committee. But all in all we have corrected representing youths is not in that list you
and honorable Booker is there and nominee make a point of appointing one. Honorable
is also there. Madialo please.
Hon. Speaker: Honorable John. I Hon. Madialo: Thank you Mr.
just want one answer. One answer is Speaker. I would want to make the
convincing me. The others are not. If you following contributions. I had the members
tell this honorable House that you have were not on the list. One the list seems to
noted the omission because in the list, take care of certain interests, political,
nomination list we will have youths that you social, gender that is in the House. Mr.
will put them in this committee that makes Speaker in this House there is no member
sense. But to say that people didn’t show who is disabled. In this House there are
interest then you had a task of identifying members today who won their
what is missing where and that is not constituencies. We were declared and
convincing enough. When you say that you gazzeted. And Mr. Speaker in this House
have another list that the leader of majority there is no member who represents the
did not read. Leader of majority, honorable youths.
Otieno, is it true that you never read that list There are only members who won in
or read out that name? their constituencies. And Mr. Speaker
Hon. Otieno: Mr. Speaker sir, there therefore I urge you not to see any youth
were a lot of corrections with the entire list, here and not to see anybody who is a
that one will be done and this is now the last disabled here. The disabled who have been
list that we came up with, which is not gazetted they will come. The youth who
provided copies to members but will be have been gazetted they will come. Those
done. who are here they represent those who they
Hon. Speaker: So we have represent. They got those votes to represent.
honorable Booker there? Mr. Speaker considerations that therefore
touch on gender, matters that we have only

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
opposite gender in the House should not Clerk of Assembly: Order number
arise. She won in her ward and she has come 29 motion.
here to represent her ward. Hon. Speaker: Yes honorable
The women there and the men there. Otieno.
Mr. speaker because of time and we know Hon. Otieno: Thank you Mr.
that some of the committees are vital for the Speaker sir, I beg to bring a motion on this
operationalisation of the activities of the that pursuant to the provisions of the
House and probably the executive it will be standing order 207, this House confirms
prudent Mr. Speaker that we adopt the list receipt of the County Budget Estimates for
and where necessary if there are no some the Fiscal year 2013/2014 and hereby
standing orders we amend the standing commits it to the County Budget,
orders of, correct the anomaly that might be Appropriations, Finance and Planning
there. Mr. Speaker has made the following Committee for the consideration, discussion
the standing order donates to the Committee and review before being tabled before the
of Appointments of certain…. Assembly. Mr. Speaker sir, I take note that
Mr. Speaker, if you go to the the we are starting a system which is unique
committees those same members have the in this County.
same sitting powers. It means that the same The system which requires very
persons who will be interviewing these close attention in terms of management and
employees will also be vetting them. Mr. in larger extend, this to a large extend
Speaker I beg to move that we adjourn the requires funding. For the central Mr.
list as presented. Speaker sir am humbled to table the budget
Hon. Speaker: Thank you. If this estimates that shall help the County to run.
honorable House allows, can we have the The estimates cover infrastructure,
mover and reply. education and security among other areas.
Hon. Otieno: Mr. Speaker sir, I Members shall find more details as
must say that the list has been well they go through the whole document. We
discussed. The list has most of the members indeed covered all sectors. Mr. Speaker sir,
that we have here. It has captured the on that humble note I wish to table the
interest of the majority amongst us here. Mr. document. I now well, honorable Gare to
Speaker for the sake of this County and this second the motion Mr. Speaker.
Assembly I now beg honorable members of Hon. Speaker: Honorable Gare.
this honorable House to kindly adopt this Hon. Gare: Mr. Speaker, I arise to
list. A lot of corrections are done, all the second the motion but you realize that since
omissions that were there have been we are starting a new thing, this document
addressed. With those few remarks again that we want to table today, ideally it should
Mr. Speaker may I kindly request the have come earlier and members would have
honorable members to adopt the list so that gotten the copies. Members you realize that
we move on. Thank you. we started this session late because we were
Hon. Speaker: So then I put the forced to wait for this document to come
question. That will as many are of that from the executive so that we table it to this
opinion say “I” House today. You realize that today is the
Hon. Members: “I” deadline that each and every County, the 47
The Speaker: And will as many are counties in this country, even the National
of that contrary opinion say “NAY” today is the deadline and we could not go
Hon. Speaker: The “I”s have it. without tabling this document and you

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67
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
realize it is a volume; it’s not a one page engaged the public as much as possible. Let
thing. their proposals be factored in.
The whole of this is the budget. So At the same time the Budget and
we want to table it infront of this House and Appropriation Committee to identify
then we make copies. First of all this budgets that belong to sectoral committees
document is going to be debated today. in this House and commit the same for
Budget Committee for discussion, further discussions. That means that within
deliberation and then they will bring back to three weeks the sectoral committees shall
this House. I therefore request that members have looked at those estimates, given inputs
adopt this document for this County to move with recommendations that will subject or
ahead. Thank you Mr. Speaker. present to the person in charge of finance
Hon. Speaker: Honorable Agoko from the executive.
you have something? Yes please. We expect this report back to this
Hon. Agoko: Thank you Mr. floor by latest 30th of May. In between we
Speaker sir. To respond on the request have a lot of work. That is all that we can
tabled, to request to adopt the budget, I say about that budget estimates for today.
would say Mr. Speaker sir, it is almost Honorable Kadera, you have something so
impossible for us to adopt it before we burning because I want to adjourn.
peruse it before we look at and with possible Hon. Adera: Mr. Speaker, I have the
amendments. Thank you. burning issue. Mr. Speaker we have to
Hon. Speaker: I want to believe that ascertain that the budget we are laying
that was a slip of the tongue. The issue at before this House is the budget prepared on.
hand is tabling these budget estimates before Mr. Speaker I have heard an opportunity to
this Assembly today after which we will go through the budget estimates and it
commit it to the relevant committee. The appears to me that perhaps the leader of
committee will sit, go through it, hold public majority brought in the wrong budget and
hearings on it, discuss with sectoral perhaps left the budget that he was to bring
committees on the same within the time in this House. Perhaps this one is from
frames that are available in the Act, then it Kampala.
will be brought in this House in this House Hon. Speaker: Honorable Kadera
in form of a report, that we will discuss it. Order, Order. We have a committee that will
So we are not adopting the budget estimates. see it. Whether it is from Kampala or
May I say this that today the issue was as Tanzania. The Budget and Appropriation
simple as lying it before the House then we Committee will see into that. We trust that
commit it to the relevant committee which is committee, it will see for the Assembly.
Budget and Appropriation Committee. Hon. Odinga: Point of order Mr.
What I would want to urge is that I Speaker.
know that a lot of financial accounting Hon. Speaker: Is it so burning? Yes
works went to it and I would urge you to honorable Odinga.
invite the person in charge of finance. In this Hon. Odinga: Thank you Mr.
particular case we still don’t have the Speaker sir. Sorry to intervene, but what I
executive committee member in charge of wanted to say is that today we are receiving
finance but finance person is ready to meet the budget for 2013/2014. I want to believe
you. Talk to him, share with him and then I that whatever has been tabled before this
would ask the Budget and Appropriation House has been tabled correctly. And am
Committee within two weeks to have also requesting that the executive should

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68
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
also provide us with the soft copy. There are Hon. Speaker: Honorable Osuri, the
times when it is easier to work on a soft budget we have no choice but must receive
copy rather than hard copy. So am because of timelines, deadlines. We are
requesting if it is possible we be provided
receiving this budget. Let us not jump the
with a soft copy so that we can work easier.
Thank you. gun. We have a committee that we trust, that
Hon. Speaker: That I think you will will handle this matter. That because we
tell the executive because you will interact trust that committee allow me to adjourn this
with them directly. I want to adjourn the House and the committees to get down to
House. What is so burning, honorable business and run with the items that we have
Osuri? on our table. Our in tray is full honorable
Hon. Osuri: Mr. speaker sir, it
members. May I adjourn this sitting for
would it be in order before we adjourn,
given that we are either accepting or not today until Thursday 2.30pm same venue.
accepting, we are receiving the budget Thank you.
before we adjourn so that we know whether
we are here to receive the right document or
the wrong document before we adjourn Mr.
Speaker sir. Thank you.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Thursday, 2nd May, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

MOTION adjourn and move into our committees i.e.

the Sectoral Committees and other House
ADJOURNEMENT

Hon. Owii: Mr. Speaker, Sir, the

honorable members, I want to move a
motion on adjournment of this House committees to discuss the budget
because of the following reasons:- further and then we see what we will bring
1) We have noticed that our prayers to the for further deliberations. I want to
as they go up to number eight there is none call upon honorable Booker Otieno to
that we are ready, that is readily available second.
for us which would warrant any discussion. Hon. Otieno: Thank you Mr.
2) It was just the other day when we Speaker. I stand to second the motion of
established the budget committee and it was adjournment with the reasons the honorable
just the other day when we got our budget Kowii has given.
estimates for discussion and scrutiny. I Hon. Speaker: Honorable members, I
wanted to appeal to this House to allow us take note of the prayers that the honorable
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70
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
members Mr. Kowii has just laid on the That is for now but in future maybe
table and I wish to acknowledge that we will look into ways of how we can meet
meetings of the committees are actually even on others days. For now to avoid
prudent and they will make this House to be unnecessary expenses lets confide ourselves
more vibrant. I wish to allow the motion for into the meetings or the days when we are
adjournment and perhaps wish to advise meeting at the Assembly i.e. Tuesday,
more that assume it, you should always Wednesdays and Thursdays. I therefore
schedule your meetings to concide with the wish to adjourn this House until Tuesday in
meetings of the Assembly so that we avoid the afternoon.
unnecessary expenses.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD

First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Tuesday, 7th May, 2013

[The Temporary Deputy Speaker (Hon. Abayo) in the Chair]

PRAYER

MOTION Hon. Aneme: Mr. Speaker, I arise to

second the Motion.
ADJOURNEMENT
Hon. Abayo (Yes honorable Gari
Hon. Gari: Mr. Speaker sir, I arise
to move a motion of adjournment. Mr.
Speaker considering we don’t have a motion
today to discuss on what to debate on. We Hon. Abayo (Chair) Honorable
realize we have some touchy issues which members as has been proposed that we have
an adjournment and has been rightfully
we want to discuss informally. Mr. Speaker,
seconded I want to ask what has been raised
our Speaker was not there in the last session,
that there could be weighty matters that
he was in a meeting in Nairobi. He has just
require this House moves into an informal
arrived but he has some issues we can only
informally concerning our welfare. I would discussion to discuss some issues that could
therefore move a motion of adjournment. be key in enhancing the performance of this
Mr. Speaker I would call upon honorable House in light of a way forward. I want to
Aneme to second. Thank you.
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agree that this House adjourns until Hon. Abayo (Chair) I would like to
tomorrow at 9.00am. ask the honorable member that a proposal of
Hon. Oriaro: Mr. Speaker that is adjournment has been done and duly
unprocedural, that is unprocedural, that is seconded. I want to declare that we adjourn
unprocedural. I detest, I detest, I detest. until tomorrow. Thank you.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesday, 8th May, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

QUORUM CALL AT THE COMMENCEMENT OF DEBATE

(Quorum bell rung for 5 mins)

(Lack of quorum confirmed after 5 mins)

(Quorum bell rung for further 5 mins)

ADJOURNMENT

House adjourned at 9.15 a.m. for lack of quorum.

The House rose at 9.15 a.m.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Thursday, 20th June, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

Committee I give a brief report concerning

Hon. Speaker: Honorable members, the Budget Estimates for Financial year
the office of the governor has invited all 2013/2014. Before I do that I will seek your
honorable MCAs to attend Siaya County guidance now that the Principal Finance
Conference at Jaramongi Oginga Odinga Officer is here. Is he allowed to say
University of Science and Technology in something?
Bondo tomorrow the 21st of June, 2013. Hon. Speaker: Just proceed.
There will be a meeting of Committee on PFO (Mr. Sang): Thank you, Mr.
Health on the 25 th at 10.00 am and there will Speaker, Sir, honorable members of Siaya
be a notice, there is a notice on County Assembly. Before you today
supplementary budgets for the County is our budget or our current development
of Siaya that we will charge to the budget that we are going to present before
Committee of Finance, you will liaise with you. However this budget shall be
the office of the Chief Finance Officer. financially within our resources and also we
Thank you. shall receive donor funding to actualize the
Hon. Speaker: Yes, honorable Chair, acceptation of the budget. With those
Budget and Appropriation. few remarks I do hand over to the chairman
Hon. Odinga: Thank you Mr. of the committee.
Speaker sir, for giving me this opportunity. Hon. Odinga: Thank you once
On behalf of the Budget and Appropriation again Mr. Speaker sir. I want to give you a

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
small background on the Budget Committee Expenditure of the relevant committee, in
as I read a few remarks from a small report. this case budget and appropriation
Mr. Speaker sir, on behalf of the members of committee discusses a review of the
the Budget Committee and as required in estimates, update recommendation of the
article 221 of the constitution and also County Assembly. Examination of the
section 129 of the Public Finance estimates of Revenue and Expenditure. In
Management Act as well as speaker’s ruling review of the timetable of 2013/2014 Budget
…2013. I take this opportunity to present Estimates, the committee held its meetings
to the House the committees report on the in the following, 1) Principal Finance
2013/2014 Budget Estimates and the Officer and his budget team, 2) the County
estimates of the Revenue and Expenditure. Secretary and the governor’s official or
The report covers estimates on the executive officer that is COMESA, secretarial
as laid down by the Principal Finance committee and all the members of the
Officer and estimates of the County County Assembly.
Assembly as laid down by the County The committee also held public
Assembly Clerk. Mr. Speaker sir, the hearings with the general public and
Budget Committee has currently constituted organize the meetings at ward members, the
comprises of the following members:- meetings were held in all the County wards
within the boundaries of the County
1. Hon. Jack Odinga -Chairperson Government of Siaya. Attendance list is
2. Hon. Peter Muhulah -Vice here to our annexed this is in line with
Chairperson article 2215 of the constitution and is the
3. Hon. Nicholas Aneme inauguration of the County government
4. Hon. Sylvester Madialo estimates in section1312 of the Public
5. Hon. Jared Abayo
Finance Management Act. Further the
6. Hon. Joseph Olouch Kawour committee received evident submissions
7. Hon. William Owiti from different organized groups which are
8. Hon. James Otare also annexed in this report.
Mr. Speaker, Sir, it is important that Mr. Speaker, Sir, after finding
the new constitution has given the County discussions at different levels, the estimates
Assembly more expanded roles in budget of Revenue and Expenditure for financial
making process, it has changed the role of year 2013/2014 was review as follows, part
the Assembly from a budget approving (a) Revenue, National Government grant
institution to a budget making one. Indeed four billion, receipts from local sources
the responsibility includes the ability to 183,466,278 giving a total expected
decide on Revenue compensation, Revenue of 4,153,466,278. In terms of
education, monitoring and control. Expenditure, there are two items that is
Pursuant on to article 2214 of the the current Expenditure and development
constitution on section 131 of the Public Expenditure under recurrent Expenditure,
Finance Management Act the Assembly will the County Government of Siaya is said to
only consider investments the Revenue and
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76
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
spend a total of 2,839,202,278, in terms of the members of the County Assembly who
development a total of 3,098,952,000 giving exhibited their ability as representatives of
a total Expenditure of 5,938,124,278. These the people during public hearings of their
will leave us with a deficit of 1,784,688,000. wards.
Mr. Speaker Sir you will note that there is a Mr. Speaker, Sir, lastly, I want to
significant reduction in deficit that is from thank each and everyone who contributed
the original one of 2,278,000,267 to either directly or indirectly towards
1,784,688,000. preparation, discussion and review of
The committee so wishes that the Budget Estimates of the financial year
development of funding should be geared 2013/2014. Let us pray for the full
towards the basic needs of Siaya County implementation of the same. Thank you all
residents and this includes education, health, and may God bless you. And Mr. Speaker
water, roads, improvement of markets, Sir with that brief report, I want to request
improvement of beaches, environment, that I propose that the Budget Estimates of
sports and culture. 2013/2014 be approved by this House. I
The committee also came up with hereby ask Honorable William to second.
some recommendations 1) that Hon. Angul: Thank you Mr.
reinforcement of provision of local Speaker. I do stand to support and second
resources but will be consistent to approve the budget to be approved by us. Thank you.
physical framework and County allocation Hon. Speaker: The matter before
of Revenue Act. Number 2) identification this House is whether the House will
of a tapped resources, 3) that members of approve the Budget Estimates 2013/2014.
the County Assembly to work hand in Please contribute. Yes honorable Muhulah.
hand with the CDF offices in identification Hon. Muhulah: Thank you Mr.
of other projects to avoid double funding or Speaker. Mr. Speaker I want to take this
replication of projects. The 4) is that the opportunity to than the Budget Finance
executives and the members of the County Committee for a very good work that they
Assembly should ensure that the did. Indeed if you look at the explanation of
constitution, orders and Acts, financial the Chair of Finance it indicates that the
regulations and procedures are adhered to process was very elaborate going through all
towards ensuring the development funds are the 30 wards to get the views of the public
fully utilized for intended purpose. on this.
Acknowledgement, I want to As a part of the membership of the
acknowledge Mr. Speaker sir that the Finance Committee I did witness Mr.
committee is grateful to the office of the Speaker that all the considerations was put
governor, the speaker and the clerk of the in making this budget and we will revisit the
County Assembly for the support received struggles in making sure that the deficit is
as it dispatched its mandate in discussing lower than 2.2 billion to 1.7 Mr. Speaker.
and reviewing the 2013/2014 Budget This was in view of considering that there
Estimates. The committee is also grateful to was no clear indication of how this big

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77
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
deficit was going to be reduced in future so home with 147 million. Bondo as a sub
that is why we thought that the little funds County is going home with 533 million.
that was there was supposed to have been Alego Usonga as a sub County is going
planned to finance most of the requirements home with 542 million. You look at it and
of the public in line with the social you ask yourself is it because the centre of
requirement of needs of the citizens. governance is somewhere? Is it because the
Mr. Speaker, I would want to ask of deputy centre of governance is somewhere?
the honorable members who we equally And you look at the budget itself notably,
accept the support that they have given us to like if you look at the health care services
approve this budget but with amendments you know I am the vice chair of the health
Mr. Speaker that should somebody feel that care services in a committee of this
there is something that is required to be Assembly.
added or changed then Mr. Speaker they 60 tractors are going to be scouted
should be allowed to the office of the for but somebody never thought of
budgetary office. I rise to support Mr. emergency ambulance facilities and already
Speaker. you know the policy is you know we have
Hon. Speaker: Yes, honorable Were! opened the doors for free maternity care and
Hon. Were: Thank you, Mr. this County is confronted with a crisis, we
Speaker, Sir, for giving me this opportunity have 73 dispensaries with no maternity
to look at the Budget Estimates 2013/2014. wings, we have 34 health centers that are
I have noted that the funding is internal and crying for expansion, we have a number of
the funding of the projects will be external. sub districts units and then district hospitals.
External funding is not clear from the Somebody never thought of purchasing
budget projects, it is a bit strange that the ambulance services for this County and you
wards, some wards, I am saying that some know when you look at the area of health
wards will not benefit from the external care, promotionally you have to talk of the
funding. Notably I have looked at the facilities and then you have to increase and
number of projects that are supposed to be improve on access and then you reduce the
funded in North Ugemi Ward. North Ugemi mortality.
Ward will only benefit from internal funding Somebody thought we should
but not external funding. It is what commit so much money in purchasing
mischief, what mischief if one of the wards tractors and even the money for purchase to
will not benefit from external funding. be retained somewhere for the purchasing
Other area that I looked at is the officers to couple over, it is a bit sad.
discriminate manner in which the projects
When we come to electricity, you
are being funded. Notably Siaya as a
know it is a policy in this country that we
County has got six sub counties and if you
should go rural but somebody is putting so
look at the break down Ugenya
much money in the cities and leaving rural
Constituency is going to go with 163
areas with nothing. We talk of bus parks.
million. Ugunja as a sub County is going

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Kodiega has a bus park normally with rates very much ahead. When we told them we
of half a million shillings per month. are going to table the budget today, he was
Normally, the Revenue that accrues so surprised but I want to ask my colleagues
from the vehicles that plight Busia, Kisumu, that if we personalize the budget then we
Kisumu Busia road, we have a collection of will not move far. If we look at it as
fourteen thousand sometimes fifteen individual’s because we are here
thousand shillings per day and that maxi representing our people, respective wards
money comes to half a million shillings per and also representing the entire County. My
month. Somebody never thought that we wish to my colleagues is to address these
should plough money back to the cow that projects soberly so that we move ahead.
gives a lot of milk and then some centers With those few remarks Mr. Speaker I thank
that not even generate much money, they you and I beg to support.
have pushed 20 million shillings to develop Hon. Speaker: Honorable Andiego.
those centers. Otherwise I would give the Hon. Andiego: Thank you Mr.
County Budget Committee a D-. Thank Speaker. I rise to support this budget
you. however we have some few areas to
Hon. Speaker: Anybody? Honorable consider. First and foremost I want to take
Kawour you have something to say? this opportunity to thank very much the
Hon. Awuor: Thank you Mr. budget team. It wasn’t an easy job as we
Speaker. I arise to support the approval of may think and the timeframe was also too
this budget. I want to support my chair who short. They have worked tirelessly to
has spoken before me that though we did a manage to bring us this document here today
perfect job that has registered some quarters, in this House. Thank you so much. I
we had some challenges. We had quite a understand what you went through and I do
number of challenges that am happy we believe that sometimes you went without
finished, and if you ask our neighbours in eating to come up with this document.
the other counties Mr. Speaker, we are very I usually believe that our towns are
much ahead. Last night at around 2 in the developed, a lot of money has been
morning we were busy organizing this circulating in towns and it is in these towns
document with the staff of this County. that MPs will go round, see the storey
I want to tell my colleagues that buildings, tarmacked roads and so many
budget making process is really a tiresome things. I do suggest Mr. Speaker that we see
and we did our best to come to where we are how we can do about with a lot of money
and my colleague honorable Muhulah as which is placed for the towns.
proposed Mr. Speaker that should we have We need this money back to our
some things to maybe adopt this with some rural areas, where we are really suffering
adjustments I think we should do the same. there are a lot of things that we lack there.
I was calling my colleague, a neighbouring As much as we may need this money I
colleague about this budget, the process in would suggest that even a quarter of what
my next County and he was saying we are has been allocated for the towns be reversed

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back so that our people can truly see that we mostly my ward that is North Ugenya Ward
are really devolved. There is something that no changes has been made as per my
has caught my eye about external and proposal. Secondly another issue that I
internal fundings, we do believe that internal would wish to categorize it is so unfortunate
is the money we have and now the external to tell your kid that my son in as much as
we still don’t know whether it will come this food is poisonous just take it then later
much more what we expect or what is in the on I will take you to the hospital. That is a
budget. I will request Mr. Speaker that mentality that should not be repeated.
because we are budgeting with what we Thank you very much.
have I agree this one we accept. But when
that one that we expect comes we again sit Hon. Speaker: Honorable Elisha,
and see where to place it. please.
I am saying this because, okay it is [Link]: Thank you Mr.
Speaker. I rise to support the budget with
an expectation but I believe we may get
amendments. First and foremost, I want to
more than what we have. At the moment is
thank the budget team for what they did.
that I check on this budget on those external
They have done some work and have made
my ward has got nothing and there is
whatever money placed in so many places us reach where we are; we have two levels
mostly in towns. So I am requesting that of funding, internal and external.
that one also when it comes, you give us the I don’t have much at the level of
opportunity to increase the funding. Thank internal funding but I have comments and
amendments at external level Mr. Speaker
you, Mr. Speaker.
One, as a member of Tourism Committee
Hon. Speaker: Honorable Ben.
we met and agreed that Amoth Owiras home
Hon. Omondi: Thank you very
be deleted as one of the tourism centres,
much Mr. Speaker Sir. First and foremost I
wish to take this opportunity to sincerely attraction centres and when I look at this
thank the Budget Committee. Why am I budget am seeing under tourism that Amoth
saying so? I know the task that was ahead Owiras home is still looming, it is still here.
of them, it was very demanding, it was I fail to understand why it’s existing as
challenging, it was taxing and it was very Tourism Agricultural Centre.
I stand, Mr. Speaker to support the
tiresome so thank you very much for what
budget and to allow the budget team to
you did.
amend that they delete the name of Amoth
In as much as am thanking you for
Owira because we thought it wise that it is
the job you did I think last time when we
were in Kisumu, the main purpose and not yet time and in order to start rewarding
objective of as committee as Assembly homes and individual names because they
members went to Kisumu we came there are in positions. We agreed that under
purposely to present to you our proposed tourism we end up with Kongelo, we take
Got Ramogi, we take Lake Kanyaboli under
projects per ward but It is very unfortunate
tourism. I stand to support that that thing
because having perused the document and

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should be amended after the passing of this orphaned among those sub counties. I don’t
budget. know which criteria these people used to
Two, the issue of tractors, we talked award these sub counties such kind of
and agreed that we should reduce the package. Mr. Speaker before I echo more
tractors may be to 40 of them to start with about that please I need clearance from
then we look at the ambulances for them. Thank you.
emergency cases and I think we even agreed Hon. Speaker: Honorable Opiyo
that every ward should have at least an please.
ambulance for facilitation of services to our Hon. Opiyo: Thank you, Mr.
people and to the community. I would Speaker. I rise to support this budget with
rather request that the budget team to amend some few amendments and I want to
this so that they factor in the issue of commend the authors of this project for
ambulances, purchase of ambulances to having come with this document. I would
reduce the tractors. want to say that making this budget, having
Mr. Speaker, Sir, I would rather perused it and having been authored by
request that when we get the external people must have its challenges, it cannot be
funding we should again go round or be perfect. But I would want to say that the
called to have to do some justice to wards. authors at least tried to follow the law or the
Because the external funding has done a lot guidelines laid down by the law in making
of injustices to some of the wards and I this budget.
support that we pass the budget but with Section 59 of the County
amendments. Thank you, Mr. Speaker. Government Act, part 4(ii) lays down the
Hon. Speaker: Thank you. procedures of coming up with the budget
Honorable Omwende please! and how the funds should be devolved. It
Hon. Omwende: Thank you Mr. says the Assembly must ensure that its
Speaker. First may I take the opportunity to functions and provisions served by our
appreciate what the Budget Committee has County Government and centralize to urban
done. areas and centralize one to urban areas and
As I appreciate the work they have cities two to sub counties that is the
done, there is somewhere where I disagree constituencies three, the electoral ward and
with them. When we were at Kisumu, we four to the village levels. And Mr. Speaker
agreed all of us that 30 million will be when I look at this budget, distributing 30
divided towards which all members support million to every ward I think they have tried
now. I didn’t know that there is a blanket to decentralize these funds and so I support.
budget behind that which is now making me I would want to say that the
so much worried about my sub County additional units that have been considered
Ugunja. I don’t know which criteria they by the Budget Committee like sub County
used to allocate much a lot of money to sub wards, they have been fattened but the area
counties that is Gem 240, Bondo 533, and should have been used so that certain wards
Alego 542 while Ugunja is the most they won’t get equal amount of money. Mr.

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Speaker I believe in the principal of fairness that it never reached most parts of the wards
and it would be unfair for a ward like South because you will find that they would go to
East Alego with a population of about 57 only one meeting with people from the ward
thousand be allocated the same amount of and the way the wards are big we will find
money as Usonga ward and you know that some people were not getting to the
Usonga is marginalized but with a place where they could contribute.
population of 13,000 people be allocated the I want to urge the County
same amount 30 people wanted so a formula Government and the Assembly that would
should have been used to allocate these be preparing the next budget let us start
funds according to prioritize areas which is early so that at least we get views from each
fair to every ward and to the people of Siaya and every sub location. It is very difficult
County. for a ward to come out and say that we have
Lastly Mr. Speaker, I want to move such a priority as a ward because these
that the amendment proposed by the wards are made up of sub locations and each
Honorable Elisha to amend and delete sub location are the sub location has a
Amoth Owira home from funding be moved different priority from the other sub
to, be put to question before the House so location. So it is important that when the
that it can be voted so that that amendment next budget will be prepared let the
can be made. Thank you, Mr. Speaker. committee and the Assembly staff move
Hon. Speaker: Honorable Ndonji down to the sub locations so that we can get
Hon. Ndonji: Thank you Mr. our priorities right.
Speaker Sir, first I want to commend the job The draft Budget Estimates to some
that was done by the Budget Committee but extent influenced what the outcome of these
there are a few things that I want to talk on estimates that we are having right now. And
or have to comment about, we first have to I want to propose that next time let us be
accept our mistakes if we were to correct the more cautious because we are talking of
mistakes in future. The disparity in the devolution saying that 30, if each and every
distribution of this funds has evidenced in ward is given a minimum of 30 million
this documents should be addressed in shillings does not mean that that thing has
future. The budget itself, the one that we are been devolved to the ground. Because it is
having right now has preceded a budget that being sent 30 million at least but you will
was prepared on assumptions and not on find that there are some that are getting up to
reality. 100 million shillings while others are getting
Despite the fact that Honorable only 30 million shillings. This trend of
members the Budget Committee went concentrating development projects and
around to get the, I mean to get public views concentrating finances in urban areas should
and to try and promote public participation, be stopped, we should also think that we got
the participation was quite inadequate people down in rural areas for example, in
because it ok trying to, I mean the the budget we have issues to do with street
committee went everywhere but the truth is lighting. Street lighting is being given

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priority while you find that we are lacking read the mean above the total of that
health facilities in rural areas. particular spending it comes to 1 billion, 1.7
Siaya is so big such that when billion and if a ward can come out with only
somebody is coming from the other end, 12 million, out of that kind of arrangement
reaching Siaya as a town or reaching the multiply that 12 million if at all it was spent
urban areas where there are these medical averagely to all of us then you find that we
facilities is very difficult. So this trend of are getting close to not even one million,
trying to assume the rural fog should stop twelve million times 30. But for the 30
because we are representing these people million it is okay but now going to the
and would like to represent them adequately. external Expenditure, then it was only meant
Otherwise Mr. Speaker, because I know that for some areas Mr. Speaker Sir.
we are running out of time, I will support it This is evident and even on
but with reservations. particular areas which of course were so
Hon. Speaker: Honorable Kowii important even to the local Revenue for this
then I will come to Honorable Osodo particular County. Like our local Revenue
Hon. Owii: Thank you very much will only come from the lake that is the
Honorable Speaker sir and the committee major source of our local Revenue Mr.
members, first and foremost I want to thank Speaker sir and nobody wants to bother
the Budget Committee for spending their about that one. If at all people are talking
time well. That does not mean I am about improvement of beaches they are only
supporting the budget, they really spent their talking about Lake Kanyaboli, we are not
time well and they have come up with at comfortable.
least a document that can now give us some We know it is our duty to rejuvenate
guidance. Mr. Speaker sir, I don’t want to that particular lake and change it, it is
be convinced that the 30 million figure that something that can give this County more
was given to each and every ward, that is the than even 2 billion I now see what had
first thing that I don’t want to be convinced happened. Even when people are building a
about because if you don’t have eyes, then modern fish plant, they only think of one
you may not see nothing like equality in the particular area, this is sad. This is one
distribution of resources in our wards. budget that will never convince me, I may
When you look at the 30 million for end up going by the majority but it will
each and every ward which was given to all never convince me. That it is only focused
of the 30 wards, coming up to about 900 as an Expenditure on two major areas that is
million, you would say if that one was the if it is in Siaya South from River Yala it
only thing that was seen then you would say goes to Bondo, If it is Siaya North to River
it is okay. Yala then it is a lake we can’t just accept
Now, Mr. Speaker, Sir, if you go such kind of arrangement. It is painful and
further into future Expenditure that is that most unfortunate it is happening when we
will be funded externally then you just see are here.
that the disparity is that that wide. If you

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I am not convinced because Water is life, see what is given to water,
education is the lifeline of development on peanuts. That will not actually change
this particular issue and if you see what we anything, and even places like the southern
are spending on education is too little Mr. part of River Yala, that is Uyoma and those
Speaker sir. As little as 250, is it 257 other places which do not need boreholes
million? Only. The other day you sent us what is fixed is that you will, you must have
out here we were finding other places a borehole.
spending as close as 500 million on A borehole and you know the
education and that is just ECD and this is salinity of water in those particular areas is
one budget that is not even addressing issues so high that we don’t even need such kind of
that touches on nurturing education, nothing. arrangement. We had made our
And if they talk about tourism now look Mr. improvements when we were in Kisumu,
Speaker sir look at the lake, we had even those improvements that we gave to our dear
made our own proposals and we know friends they will never take two glimpses
exactly what will come out of tourism in the actually to put them in this particular budget.
lake. I therefore want to say this, as I
The wazungu whenever they come rebuild that if you only want to depend on
here they just go to the lake, they go to the Revenue that will be coming from
Mombasa, they are very keen around those Nairobi, the money that will be coming from
places what are we going to see in this Nairobi you may not actually go far. If the
tourism sites that are given here? The past, the lake if at all be rejuvenated this
clothes of other people, what so and so used day, like now the water hyacinth what are
to wear? Is that tourism? That is just a mere we talking about it? One is giving water
joke and we are not a serious people. We hyacinth only two million to do what? It
are not here to grace other people, we are means that everything is not balanced it is
here to work and give services to our only between the two people like I was
communities and the truth of the matter is being told that there are some two giants and
that we are missing our goal. We are always wherever they fight, grass like me will
scoring in the interest of some few people suffer, grass like wards will now suffer. It
and more so people from without even will only be in the interest of some few
members of this committee. I am not people.
convinced Mr. Speaker sir that this is how Personally, I am not of that kind of
the way to go. reign and I want to request that the giants
Mr. Speaker, Sir, the issue of water, have been given nil according to me I have
water is life the first thing that will make tried to peruse I have not seen them if it was
contact with life is water in the morning, a delivery commission then it was there, Mr.
first give me water to brush my teeth, give Speaker sir even sporting activities if you
me water to wash my face, I have never had look at it is always centered in two places, it
of one talking of any other rain when you is only in Bondo and this place and we get
want to make first contact in the morning. those proposals nobody wants to talk about

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them, Agriculture it is only irrigation that the wards but Mr. Speaker sir before I either
can bail us out you have seen with your eyes support or not I want to make this following
the crop failure this side simply because of observations if not for now but for future. I
what we are depending on which is thread know the challenges that we are, you as the
felt agriculture. Budget Committee are facing and also what
we are facing but that should not be a very
We made arrangements and in our earlier good excuse. I know you are talking about
budget proposal they had actually put time but I would recommend Mr. Speaker so
irrigation in some areas look this …. Is what that in future before we come to approve the
we are talking about, decided to remove budget and discuss it let the members be
such they don’t want to think of what will given the budget proposal at least three days
actually bring food on table for the ordinary in advance before the discussion so that we
mwananchi in Siaya? can have adequate input rather than giving it
I want to say that this, the 30 million the last minute and then a few comments
mark which was given to us is okay that one and then there we support.
I really appreciate. Thank you very much Mr. Speaker, Sir, we are a young
for making us be equal up to 30 million. For County all counties are just starting and we
now for this external funding Mr. Speaker are making we are honored to make a
sir, I want to request and very kindly that foundation and this is very important if you
changes must be made so that there has to be want to construct a House, the most
equality, there has to be equality in all important thing is the foundation and you
wards, that if it is one billion, let that one would agree with me my Honorable
billion be shared amongst the 30 wards. In members that if we want to make a strong
the external funding the remaining 700 foundation for Siaya County then we have to
million we can leave to the head quarter.
have it in education and as I have seen the
But one billion we have to share equally. budget, the allocation that is given to the
Thank you very much, Mr. Speaker. education is so small although somebody
Hon. Speaker: Hon. Were, would argue that it has been devolved only
Honorable Elisha you had contributed, you the ECDE and the polytechnic but this is
had contributed. where we make it wrong in the education
Hon. Okuku: Order Mr. Speaker is sector like you normally see in the education
it in order Mr. Speaker for us to continue sector whether in the primary or in the
debating then we propose to amendments? secondary, people tend to rush to go and
Hon. Speaker: Honorable Elisha teach and over teach the standard eight
you had spoken. Honorable Osodo please because KCPE is just coming, to go and
Hon. Osore: Thank you, Mr. teach and over teach the form fours because
Speaker sir, I want to thank first of all by KCSE is coming.
commending the chairman of the budget and This is what we are doing here, by
his team for the work that they did. More neglecting the ECDE and not giving it what
particularly for visiting the wards and it deserves as a foundation to make us
actually coming to see what is happening in
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improve. So as a young County, I believe with amendments that what was included
that we should give priority in our budgeting during your visit can it be included as you
to the education particularly the ECDC so look at those proposals made by various
that we can give a smooth take off in the wards. Otherwise with the amendments that
education sector and this has not been given I have proposed I stand to support the
adequate attention in the budget. budget. Thank you, Mr. Speaker.
The other thing that has not been Hon. Speaker: Honorable, Onduru
given adequate attention in the budget Mr. please!
Speaker sir, we are talking about ICTC, we Hon. Onduru: Thank you, Mr.
are talking about the jubilee, is it the jubilee Speaker, Sir, for giving me this opportunity.
laptops yet we don’t even have electricity in First and foremost I would to thank the
some of this institutions. If they come are Committee of Finance and the Budget, they
those gadgets coming to be installed without did a good job. Thank you very much
being used so I thought electricity grouping and considering obviously
particularly in the rural areas ought to have discussing this issue since we came here,
been given adequate attention in this that a ward should at least have something to
particular budget. start with. We have something we are going
The other observation is that I have to start with and we must also consider this
also made, we have a very big challenge of is the first budget we are still adding and I
youth and employment, I have not seen think by next year we will be better off than
adequately how it is addressed here in the what we are so members please let’s support
budget to ensure that the youth is approved the budget.
to get employed. And I wish that could have I would like to say something which
been made more pronounced. Mr. Speaker we must look at and be serious with because
sir the improvement of the infrastructure it will make us look like we are not serious
particularly in the agricultural sector, we are and I support and say I support the budget
talking of the improving or increasing the but if you look at allocation by counties,
production in the agriculture sector what Alego only is 500 million, if you add Gem
about the marketing? We have very poor and Ugunja and Rarieda they also add to 500
infrastructure even from the pictures we million so and you find these people, this
have seen vehicles getting stuck and this are Rarieda, you find if you look at Bondo and
perishable products that cannot reach the Alego is where our bosses, the governor and
market. the deputy are coming from so if the public
Mr. Speaker, Sir, I want to say that is looking at this what will they say?
also the visits by the team what we expected Security? set a school? we must look at this.
like I can recall very well when they visited Spread this money so that this sub County
my ward, South East Alego, we proposed get at least maybe a bigger budget because
things like even the educational resource we are sitting at the quarter or in short a big
centers, and amendments so I would end by town university but the difference that one
requesting if by supporting this document sub County takes the three sub counties total

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budget, are we serious? This should be Hon. Speaker: Honorable Adera
noted. Hon. Adera: Thank you Mr.
I am very happy with the tractors, Speaker sir, I wish to register my
because when we were campaigning, the disappointment to the budget team. Mr.
governor would say tractor, tractor, tractor, Speaker, I am surprised with the turn of
he must also satisfy what he told the people events, because this process has taken over
and that is fine but a lot of tractors, if you one month they have been having this
look this paper today page 28 the governor’s document for a long time. Mr. Speaker, the
speech or whatever he stated here he says, committee has been going round the wards
he said, high poverty, poor health, food in collecting people’s bills. Mr. Speaker
insecurity, problems of Siaya County but what they have come up with today is
then this year if you look at peoples’ tracts shocking. I can’t see the reason why there is
of land, we have not gone to harvest so even this big disparity if a sub County like Bondo
if there is a tractor, it is nothing. and Alego can be given 542 million against
So, me I am thinking we from a sub County like Ugunja with 147. Mr.
wards, we wanted at least an irrigation at Speaker if I look at the geographical area,
least to start with even one such that if the the areas I am talking about are more or less
rain fails, because you know our places if the same and I don’t see the reason as to
rain fails we have something to work on and why the difference must be this wide.
produce something to eat. That is what we I am really disappointed and Mr.
want. I am asking amendments one on this Speaker I will not be giving my vote on this.
preference in sub counties and then Mr. Speaker if it were not for the statutory
something should be done to at least an requirement that this budget will be passed
irrigation I don’t understand where it is but today, then we would reject this budget and
at least that should be reflected so that we return it back to the relevant committee for
can be food secure. more deliberations.
Lastly, I don’t want to go astray from Mr. Speaker, you realize that when
what we are discussing out of place, we are the Honorable members were talking, some
convinced health, you know that without were celebrating and those who were
good health, without good health service, we celebrating are the people who have got the
are doomed. Even if we need a tractor and lion share. Mr. Speaker for those who do
we are all attacked with diseases nothing not have the lion’s shares are saddened by
would help us and we know this time the the turn of events.
president said that maternity will be free. So Mr. Speaker, the budget is people
if we were to go ahead to insisting given exercise, we graduated from the old
emergency evacuation what are going to do? norm where the executive could sit at a
Me I suggest that we should at least allocate corner draft the budget and bring it to the
ambulances for each and every sub County House. The process is now people to vet.
if not a ward. Thank you very much. I These Honorable members have been going
support round the wards what have they come up

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with? We have not seen any proposal we question, you decide whether or not to pass
have not seen the people’s wishes captured it. Honorable Odinga
in the budget. Mr. Speaker I am saying that Hon. Odinga: Thank you
I am not registering my vote on this and Honorable Mr. Speaker sir. I want to start
whether we debate for how many hours, by saying that you even noted that when I
there is nothing that will change the budget was standing up to speak, I was
has to be passed today it is very unfortunate commending the budget team for good work
but that is the law and Mr. Speaker at this so it means they have done a good work.
juncture I just wish that you put the question Number two I believe that we have some
we pass the budget or reject it but we have two learned friends here in this room. I am
to pass it because of the time limit. exempting you, some learned two friends
Hon. Odinga: Point of order, Mr. and they will agree with me that equity is
Speaker. not equality. If I am wrong I stand to be
Hon. Speaker: Honorable Odinga corrected. What I want to say is, if you
you will have your time to reply not now build a fire station in Siaya at the
please. Somebody had asked whether or not headquarter of the Siaya County it will
we can put an amendment and this is the definitely be in a ward, it will not hang in
directive from the chair that I would air, it will be in a ward. But the fire station
discourage a situation where we want to and fire equipments will serve the whole
amend the whole budget because of specific County. So that allocation will rise ---of that
projects. Those amendments we can make ward but it will not specifically go to serve
by way of motions, if we go the route of only that ward.
amend this name another one amend this Number two, you have heard two
name then we will be here for 30 days and members complain bitterly and I wanted to
still we will call it the same budget. say when honorable Ndonji was here. The
I want to say that when those members who are complaining that the
motions come, we will commit them to the citizens were not consulted adequately they
relevant committees, the committees will are the same members who did not mobilize
discuss with the authorship of the same their people until we went to the ground and
budget then we will get a report on whether we had to sit down and meet and do the
or not those projects should continue. Also mobilization ourselves.
to enlighten members is that we have room We had to sit down and organize for
for supplementary budget pause to think people to come and these are the same
what will happen if we fought here because people who are criticizing that members
of projects whose funding is still in the bush were not consulted adequately and even
we don’t have the money yet then when the mobilization fee was given to these
money does not come we shall be have to members. I even said in my statement that I
discuss. I therefore advise that amendments really commend that majority of them in fact
on this budget be put to pause, we ask the if not only two or three but majority of them
mover of the motion to reply then I put a did a good job and that when we went we

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
really interacted with the people and they there are two people they don’t need water
left it was a free hand that we could interact they need as much as those people who are
with the people without their intervention 57 thousand people also need water. So the
and we came up with issues that were really problem is the question is, if we agree that
touching on the residents within the Siaya these wards do not have the same number of
County. people the same population then this means
There was an issue of equal the allocation of funds cannot be equal
distribution Mr. Speaker sir, As much as because the fact of population should be
even I from my ward where I come from, I considered. If you take water to a
would like to get an equal share but what we population where we say where we have 200
should understand is the principal of people in a village and you leave a
distribution of resources. If you look at the population with 4000 people are you fair?
national grant that we get, to Siaya County So, Honorable members I know and
is not getting same acres as Nairobi County, I believe that if we sit down same way we
why? And in terms of development Nairobi sat down we will agree that this is the fairest
is higher than Siaya. So I think members budget the first one in fact in the County the
before we make comments, before we act whole country in terms of the County
we have to some issues also because the budgets to be prepared.
basic principles that are being put up in Another thing that I want to say is
Revenue Allocations are there, fair and that during the proposals there are some
square. members who came with 5 year strategic
There is another thing that education work plans and it is notable, it is
was not given more consideration and in the understandable that not everything could be
report we said that when we went round captured in this budget, so what we are
there was even a place where in South saying is that if we need water, education,
Uyoma residents said that you want to bring roads, improvements of markets to tap more
us roads, you want to bring us water, you resources, improvement of beaches to tap
want to bring us education, what we need more resources, an environment which cuts
here most is water then we will be across, sports and social services, you will
comfortable. When we went for that retreat believe me that if this stadia which is in
in Kisumu, I believe that we sat and talked Siaya here holds some sports and social
with the members and agreed because cultural services if it is upgraded then the
initially allocation was not very equal but very small say football teams at all levels
some would go with 17 million and some will come converge here.
would go with as high as 200 million. Of course what we know is that
we agreed that the basic needs that definitely the region will be tapping
even if in a ward we have two people, just resources because of the people resources
the same as some wards we say 18 billion but this is not the first and final budget we
people are serving 57, Mr. Speaker, Sir, are preparing, we have the second, third,
would you want to say that in a ward where

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
fourth and the fifth, every year we shall be of nominees of members of the County
preparing a budget. Public Service Board.
Another thing that they should and I Hon. Speaker: Honorable Kadera,
mean should look at is that with the the vice chair Committee on Appointments.
committee also recommended, that the Hon. Adera: Thank you Mr.
governor’s office should go out and look for Speaker once again. Mr. Speaker may be
pride, off course I know they might get before we proceed I wish to request that
more than the deficit. If they get more than through you chair that we consolidate the
the deficit that will also cost for his House motion number 10 and 11 because they are
and allocation and allegation must be done interrelated so that we can discuss them
in the supplementary budget the same way together.
Mr. Speaker has just said. Hon. Speaker: Permission granted.
Mr. Speaker I believe that you had it Hon. Adera: Thank you Mr.
from the beginning that there are some few Speaker. I wish to lay report on the
errors maybe typing errors in terms of Appointments Committee and before I do
names but the figures are perfect. if you that Mr. Speaker, I wish to first and
have say for example a road in South foremost congratulate the Committee on
Uyoma, which is called Uyoma Road and Appointment for the good work they have
somebody writes it Uyobe Road then done, they have sacrificed, they have been
definitely there is a significant error but we spending out most part of their day, they
said those can be corrected through the have sacrificed a lot of their time in order to
motions of amendments we agreed, so Mr. carry out the business of this Assembly. Mr.
Speaker sir I don’t want to take much of Speaker the committee did the same names
your time or the members time and I believe for the executive, they were 14 names in
that we have heard everybody say that we total. Names of the executives or for the
did a commendable job and we really did a approval of the nominees of members of the
good job. Thank you Mr. Speaker sir County Public Service Board and for the
Hon. Speaker: The chair now puts approval of the nominees of members of the
the question to vote that this Assembly County Executive Committee. The names
approves the County Budget Estimates were fourteen in total and I wish to read the
2013/2014 and I put the question. Will as names out:-
many are of that opinion say Aye 1. Joseph Aketch Donde -Chair, County
Hon. Members: Aye Public Service Board
Hon. Speaker: And will as many of 2. Agnes Atieno Ochieng -Secretary,
the contrary opinion say Nay County Public Service Board
Hon. Members: Silence 3. Ismael Noo Onyango -
Hon. Speaker: The “I’s” have it. Member
Clerk of Assembly: Honorable 4. Patricia Anne Oluoch -
members, order paper number 10 approvals Member
5. Florence Oketch -Member

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6. John Beylon Pius Omondi -Member He has a Post graduate diploma in Business
7. Mr. John Wangach Okere -Member Management from Greenwich College,
Then we had Executive Members London and he is currently the vice
1. Judith Magundho chairman, Kenya Medical Training College
2. George Muga Odenyo (KMTC), he is the chairman of Interest Rate
3. Christine Jennifer Akinyi Advisory centre, chairman of the Monetary
4. Dr. Sylvester Adala Institution Watch, Director of TDA Trading
5. Eng. Benard Odera Arum Company Ltd, has worked as vice chairman
6. Vitalis Olunga of the Board of Trustees – Local Authorities
7. Francis Ngesa Okumu Pension Trust Fund, he was the member of
Mr. Speaker, the nominees were Assembly of Gem constituency between the
invited through an advertisement and they year 1998 – 2002, he was a Financial
were invited to appear before the committee Columnist in the Sunday Standard and
as from 17th June 2013 upto 19th June 2013. Columnist in the Leader, he was a partner in
Mr. Speaker, the candidates did appear Economy Freighters Ltd, self employed
except for one candidate who failed to Financial Consultant, he was manager,
appear before the committee but the rest Inexpo Kenya Ltd and sales executive Velco
appeared before the committee and I wish to Properties Kenya Ltd. He has worked for
report that we had an interactive session Jockey Club of Kenya and honorable Donde
with the candidates. The main issues that did not submit the clearance certificates
the committee was looking at were the from the required statutory bodies but he
procedure which was used to arrive to the opted to swear an affidavit a declaration
names of the candidates, the suitability, which to him was a substitute of the
chapter six of the constitution among other requirements which he was supposed to
things. present before the committee.
Mr. Speaker, some of the nominees Mr. Speaker, the candidate has
did provide the required documents as never been dismissed from the office for
stipulated in law under chapter six of the contravention of the provisions of Article 75
constitution while some failed and at this of the constitution which deals with conduct
juncture I wish to narrow myself to of state officers that are adversely mentioned
preservations of the committee and I wish to in any investigatory report of Assembly or
go into particulars, I wish to start with the any commission of Inquiry.
Joseph Aketch Donde. The findings of the committee, the
Honorable Donde appeared before committee considered so many things with
the committee, subjected himself for the the candidate. The findings were that they
vetting as required. Mr. Speaker, he found that the nominee is unsuitable for
informed the committee that he is a holder appointment to the position which he had
of a degree from Wales and degree in been nominated for. The reasons are that, he
Macro-economics, International Economics, failed to provide proof of tax compliance,
Public Policy, Public Finance and Statistics. clearance with the police department,

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
clearance with CRB, EACC. He provided a Ethiopia, he is the chairman, BOG Goibei
certificate of good conduct which had been Mixed Secondary School, Bondo to date, he
issued to him in the year 2006. As you is a member Synod Anglican Church of
know the law requires you have to issue the Kenya, Diocese of Bondo. He has never
most current certificate. However he been charged in a court of law, has no
purported to submit these requirements with potential conflict of interest and has fully
a statutory declaration as I had said he complied with his tax obligation.
brought in an affidavit and you know we He presented his clearance
could not rely on that. Mr. Donde took the certificate from the KRA. He has never
committee through his education history but been dismissed from office for
he failed to provide his 1 st degree certificate contravention of the provision of Article 75
even after he had been given a second of the constitution which deals with conduct
chance to provide proof of his academic of state officers that are adversely mentioned
credentials. His MBA degree certificate in any investigatory report of Assembly or
from Greenwich College, UK that he any Commission of Inquiry.
presented had not been verified. There was The findings of the committee were
no proof of accreditation with the that they found the candidate unsuitable
Commission for Higher Education. from the constitution, the main reason why
I wish to proceed to the second the candidate was unsuitable is that he did
candidate, Agnes Atieno Ochieng. This not provide his Degree Certificate as
candidate failed to appear before the required by law by the County Government
committee. She was locked out because the Act if you look at Section 58 sub section 3
law requires that nominees from the (d), which stipulates that a person to be
executive must appear before the committee appointed in such position must be a holder
for vetting. of a Degree so maybe you may you ask
The third candidate was Ismael Noo yourself, okay the candidate we discovered
Onyango. The committee having that has gone through education, university
considered his curriculum vitae and heard education and is just awaiting for his
his oral submissions during the vetting graduation but when his degree is needed
exercise made the following observations maybe that is for the House to decide.
that the candidate was in the University of Then we have Patricia Anne
Nairobi awaiting his graduation later in the Oluoch. Patricia did subject herself for
year, he has a diploma in Business vetting, the committee considered her
Management, he did present his diploma curriculum vitae and heard her oral
certificate, he worked for the Kenya Posts submissions through the vetting exercise and
and Telecommunications Corporation and we made the following observations, she is
its predecessor Telkom Kenya Limited, he is an ongoing student at the Jomo Kenyatta
a member of Standing Committee General University of Agriculture and Technology in
Assembly, Africa Union of Economics, Human Resource Management, she holds a
Social and Cultural Council, Addis Ababa Master of Business Administration, she

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
holds a Master of Arts, she holds a Degree such appointment has taken into
in Bachelor of Education, works at Jaramogi considerations the interest of Ugunja and
Odinga Oginga University as an employee, here we were directed by the provisions of
works for Kenya Methodist University, she section 35 sub section 2(c). So, the lady was
is a distributor with Nairobi Bottlers good, but considering her area of residence,
Limited, was an employee of Imprezza we decided to consider the people of
Secondary School, has ever been charged Ugunja.
with a court of law and has no potential So, we move on to Florence
conflict of interest and has fully complied Oketch, the committee having considered
with tax obligations. She has never been her curriculum vitae and heard her oral
dismissed from office, or for contravention submission during the vetting exercise made
of provisions of article 75 that is Chapter six the following observations, she is yet to
and the committee made the following graduate with a degree of BA in Sociology
verdict; and Political Science from Catholic
That the candidate is unsuitable for University, she has also completed her
the position. the main reason maybe you studies but her graduation is due in either
would be asking after going through that July or October, she didn’t even produce a
pregnant CV why would the committee deny letter showing that she is due for graduation.
this lady the job, I want to tell the members She also has a Diploma in
that we were considering regional balancing, Physiotherapy from KMTC, Diploma in
we were considering what the law says, the Community Health, she started Naivasha
law says that the governor when appointing Physiotherapy Centre before being displaced
or nominating shall consider regional during the post-election violence. She
balancing, gender etc you are well aware of worked for Mater Hospital, worked for
that and when appointing we will consider Naivasha Physiotherapy Centre, worked as a
the cultural diversity of the County okay? Of community health worker at Chulaimbo
the County. Hospital, worked as a supervisor in the
So, the main reason why we Cholera Response Evaluation Project,
declined is that she revealed by herself that worked as a supervisor in CBIS project; she
she is a voter in Nairobi and her permanent understands the roles of the County Service
residence is in Homabay. However, her bio- Public Board. On Gender rule she said that
data purported that she is a resident in she would ensure that the third gender rule
Sidindi, Ugunja Constituency. will definitely be applied.
Constitutionally, the appointments are She will further go out of her way to
required to demonstrate regional balance in ensure women come out to higher positions
the County and it would be fraudulent and of leadership. The candidate has never been
unfair to purport that the sub County of charged in any court of law and has no
Ugunja has been considered in this potential conflict of interest and has fully
balancing by putting obviously a permanent complied with her tax obligation. She has
resident of Homabay and pretending that never been dismissed from office for

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
contravention of the provisions of Article 75 interest and has fully complied with his tax
of the constitution which deals with conduct obligations. He has never been dismissed
of state officers that are adversely mentioned from office for contravention of the
in any investigatory report of Assembly or provisions of Article 75 of the constitution
any Commission of Inquiry. which deals with conduct of state officers
The verdict by the committee, the that are adversely mentioned in any
candidate was found unsuitable for the investigatory report of Assembly or any
appointment because of the degree issue. I Commission of Inquiry.
want members to relax because it is you who The verdict of the Appointment
have the final verdict, ours is to recommend. Committee is that the candidate is found
The law says you have to appoint a degree unsuitable because he is a retired public
holder. So, the reason is that she did not officer earning pension. This is a full time
produce her 1st degree as required by law. job where he will earn a salary and at the
However, she provided a letter drawn from end of it will earn some pension and the law
the University of Registrar that she says you cannot earn two pensions. Being a
registered for her 1 st degree in 2011 and has state organ there is a possibility of earning
finished her course work and would two pensions contrary to the constitution
graduate in October 2013 upon approval by Article 77 (3).
the university senate. She fails because of Majorly, however, the committee is
the academic threshold dictated by section of the view that his age is so advanced that
35(3)b, I believe this is County Government he would not import into office the
Act. competitiveness and competence required of
We move on to John Beylon Pius an organ that is being initiated from, I wish
Omondi. The committee having considered to state that the candidate was about 75
his curriculum vitae and heard his oral years old and for sure if we have to send a
submission during the vetting exercise cabinet/executive officer to the US and
interview made the following observations perhaps he is supposed to meet investors and
from his C.V that Beylon has a degree in he is supposed to climb upstairs upto may be
B.A. Education from the University of East 15th floor, then the lights go off/power, how
Africa Dar es Salaam, he is a P1Teachers will he do that?
College at Siriba Teachers College, was a The next candidate was John
tutor at Eregi Teachers College, was a Wangach Okere. He did subject himself
deputy principal at Siriba Teachers College, for vetting, the committee did consider his
he was a principal at Kaimosi Teachers curriculum vitae and heard his oral
College, was a principal at Egoji Teachers submissions which were considered by the
College, senior principal at Siriba Diploma committee. we found that he holds a BSc.
Teachers College, was a chief principal of (Environmental Health) from Moi
Bondo Teachers College. University, he has a certificate in
He has never been charged in a HIV/AIDS/Health Planning and
court of law and has no potential conflict of Management for Kenya Medical Training

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College, he holds a MSc (Health System Government in 1982 as a Supplies Officer
Strengthening) from Kenyatta University, he she also worked for the Kenya Power and
is the deputy programme director – Merlin Lighting for five years as a Senior Supplies
International, a post he holds to date, he was Officer.
a senior programme officer – World Vision She worked for United Bible
International, MCH/RH/FP/ Manager Societies, she ventured into the Business
(MSH/USAID), he was a technical world in 2002 and she runs a school in
specialist from January 2011 – February Nairobi. Judith joined Maendeleo Ya
2011, he was a programme coordinator Wanawake in 2003 and in 2006 she was
(Lodwar IPA), he worked for World Vision elected the Chair Lady of Maendeleo ya
Kenya International as a project officer. He Wanawake, a post she holds to date. She
has never been charged in a court of law, has has never been charged in a court of law, has
no potential conflict of interest and has fully no potential conflict of interest and has fully
complied with his tax obligations. complied with her tax obligation. Judith has
He has never been dismissed from never been dismissed from office for
office for contravention of the provisions of contravention of the provisions of Chapter
article 75 of the constitution and the 75 and the findings of the committee is that
committee found the nominee suitable for the committee found that the nominee
the appointment because of the following unsuitable for appointment, the main reason
reasons:- He provided all the documents in why the committee found her unsuitable, is
compliance with chapter 6 of the that there were two petitions which were
constitution, has a 1 st degree and he is presented by way of affidavits against her
servicing or paying his HELB loan. nomination alleging that she squandered
He has experience in several 400,000 shillings from Poverty Eradication
organizations in the private sector, by virtue Programme for the groups through table
of his age as a youth; the committee is banking.
persuaded to overlook the provision of She presents a sworn affidavit in
distinguished service of at least 5 years as an reply and was cross examined the two
affirmative action directed by the youth. gentlemen were petitioned were cross
We move to Judith Magundho. examined, the group found that, the
This is now the executive. The committee committee felt that there was no sufficient
considered her curriculum vitae, she also evidence to prove the case. However,
submitted herself for vetting as was required according to County Government Act
by law and during the oral submissions the section 35 subsection 3(d), the nominee did
committee found out that she did not apply not demonstrate knowledge, experience and
for the job that she was nominated to, we distinguished career for not less than five
found that she holds a Bachelor of years you if you look at the section which I
Commerce Degree from the University of have just quoted, you realize that a candidate
Nairobi and she has a certificate in program or a nominee should be put in a place where
for Woman Enterprise, she worked with the

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she has knowledge and a distinguished would be up to date with the task on close
experience in that particular area. examination he disclosed that he departed
You cannot have experience in Land from employment by way of dismissal as
then you are taken to Health. She also director of employment Ministry of Labor
revealed that she did apply and she was on Public interest based on allegations of
interviewed in the Finance and Planning abuse of office.
docket and not in the area to which she had During our interaction with him, we
been nominated. This justifies the fact that did discover that he was discharged of his
she may not have experience in the docket in duties by way of dismissal. This was on
which she is nominated and in any event cruise ship deal that was in the public
statutorily five years experience was domain. He attempted to explain his case
mandatory and not optional. but since he has not been cleared officially
The second nominee for the the committee felt that he had a case to
executive position was George Muga answer and that would amount to breach of
Odenyo. George Muga Odenyo did appear chapter 6 of the constitution. The foregoing
before the panel for vetting as by the law notwithstanding the committee was quite
and in his oral submission the committee impressed with the experience and
discovered the following, that he is a holder knowledge demonstrated by the candidate
of MA Environmental Studies from York and it was agreed that whether or not it is
University Canada, she has a bachelor of confirmed that he is in such breach as to
Philosophy from the University of Nairobi, fatally compromise his qualification to take
holds a BA (Hons) in Economics and office be left to the authority of the full
Sociology from the University of Nairobi, Assembly.
worked for Ministry of Labor as a Human We move on to Christine Jennifer
Resource Planning and Development, he did Akinyi. Christine appeared before the
consultancy in the Prime Minister’s Office vetting committee and she made her oral
in the year 2012, he was an executive submission. During the submission the
director of PHD Africa since 2003-2008, he committee discovered that she holds a
has never been charged in a court of law, has degree in Bachelor of Education from
no potential conflict of interest and has fully Egerton University, she got a P1 certificate
complied with his tax obligation. from Kigali Teachers College, she was a
Odenyo has once been dismissed deputy head teacher in Bar kawanga Primary
from office for contravention of the School, she was a teacher at Uloma Primary
provisions of Article 75 of the Constitution School, and she runs a business in the name
which deals with conduct of state officers of Cajo Supermarket. She has never been
that are adversely mentioned in any charged in a court of law, has no potential
investigatory report and the findings of the conflict of interest and has fully complied
committee prior to the candidate found that with her tax obligation. Christine has never
he was unsuitable. The main reason is that been dismissed from office for
despite having impeccable experience and contravention of the provisions of article 75

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of the constitution. And the findings of the Law, has no potential conflict of interest
committee are, the committee found the and has fully complied with his tax
nominee to be suitable for the appointment. obligation.
The reason being that she has a 1st He has never been dismissed from
degree of Bachelor of Education because it office for contravention of the provisions of
is a requirement in the County Government Article 75 of the constitution and from the
Act though she quit teaching after attaining findings. In or own findings we reached a
her degree and concentrated in business. So, verdict that the candidate is suitable for the
you can ask yourselves when does appointment because of the fact that he
experience start. Is it after getting the holds 1st degree certificate as per the
degree? She had taught as primary school requirement during the vetting he
teacher for a period of 17 years thus has demonstrated wide experience, attended
experience as per the requirement. The several seminars and conference and has
County Government Act says the holder of educated many professionals in his area of
the office shall have a degree one, then two expertise. The candidate actually did
it says that she shall have experience of not impress the panel.
less than five years, so it still upon the The next candidate is Engineer
House to decide. Benard Odera Arum, candidate also
The next candidate was Dr. appeared before the committee for vetting
Sylvester Adala, Dr. Adala did appear and during the interaction with the
before the committee for vetting and we committee the committee discovered that he
considered hic CV and during the holds a degree in Bachelor of Science in
interactions the committee on appointments Civil Engineering, he is Computer compliant
we did discover that, he holds a degree in he can surf, he is the General Manager of
Public Health from the University of ALAB Contractor Company Ltd. Tanzania,
Toronto, Canada, he has a degree in Clinical he worked for Kitho Civil and Engineering
Management and Control of Hansen’s Company Ltd. As an engineering Manager,
Disease from the United States Department he worked for CIVO Engineering Ltd.
of Health and Human Services. As a projects Engineer, he also
Holds a Bachelor of Medicine and worked for Multiscope Consulting
Bachelor of Surgery from University of Engineers as Quality Assurance Engineer,
Nairobi, he is the Senior Assistant Director he worked for the Ministry of Roads, Public
of Medical Services, he was an Assistant Works and Housing Structural Department,
Director of Medical Services, he was a has never been charged in a Court of Law,
senior Medical Officer in Charge of Alupe we didn’t find any records and he has never
Leprosy Hospital and Training Centre, he been dismissed from office and the findings
was a Medical Officer Intern at Kamiti or the verdict pressed on him was that the
Maximum Prison Hospital, he also runs candidate was found to be suitable the
Sega Cottage Hospital as a private business, appointment because, he holds a 1 st degree
he has never been charged in a Court of with wide experience as per the Act, he was

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put to task over some work which was done brought after the vetting he did not deny that
in Simenya by his company, the work had he didn’t receive the said amount of money.
been given to him by CDF Ugunja and The committee feels that the nominee has
during our interaction with we found that demonstrated that his conduct is
the accusations did not carry any weight, we questionable as per article 73 (i) of the
did a survey to ascertain whether they were constitution.
facts or not. In our view the nominee employed
We move on to Vitalis Olunga, the money belonging to the school to his own
candidate appeared before the board for personal use, and as a nominee of Tourism
vetting and during our interactive session , and Wildlife Conservation Docket, he did
we found that he holds a PHD in Strategic not demonstrate knowledge and experience
Management from the University of Nairobi, in the docket as per the statute. In fact when
he has an MBA in Business Administration he was engaged on experience aspect he did
from the University of Nairobi, he hold a say that I had travelled to White House so he
BSc Electrical Engineering from the wanted us to believe he had experience, he
University of Nairobi, he has worked for also said that, I can bring Omweri, we felt
GSM Association, he worked for that he was a joker and that is the main
International Telecommunications Union, he reason why felt that he did not meet the
runs a Consultancy Firm as a director, has threshold as required.
never been charged in a court of law, no We move on to Francis Ngesa
records were found and has never been Okumu, I think this is the last. Francis did
dismissed from office for contravention of appear before the appointing committee and
the provisions of Article 75 and the considering his curriculum vitae and in his
committee found the candidate is unsuitable oral submissions we discovered that he
for the appointment because a petitioner holds a MA in Development Economics
presented a complaint by way of a sworn from William College, USA, he holds a
affidavit and was asked by the committee PHD in Economics from the University of
whether he wanted to reply to the affidavit Nairobi, he also holds a bachelor of
on oath but he declined and the proceedings Education in Economics from the University
continued. However he later brought an of Nairobi, he is working for Mesrose
affidavit in reply after the vetting. Consultants Ltd as an Economic and
The affidavit stated what while Financial Consultant.
entrusted with public funds as chairman of He was a member of the Board of
BOG of Obambo Secondary School; he Trustees of the Central Bank of Kenya
received money by way of a cheque of Pension Fund, he worked for Central Bank
Kenya Shillings 20,000. When this was put as Deputy Director, Supplies and Services
to him he said he had received Kenya Department and Head of Procurement, he
Shillings 100,000. While he was the chair, was a deputy director, Bank Supervision and
he was both a lender and was signing Head of Financial Analysis in Central Bank,
cheques to the school. In his affidavit senior Manager Bank Supervision

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Department Central Bank of Kenya, he was 2. Christine Jenifer Akinyi
planning officer in the Ministry of Planning 3. Dr. Sylvester Adala
and National Development, he has never 4. Eng. Bernard Odera Arum
been charged in a court of law and has no 5. Francis Ngesa Okumu
potential conflict of interest and has fully
And that the House should reject the
complied with his tax obligation.
following names:-
The candidate has never been
dismissed from office for contravention of 1. Joseph Oketch Donde
the provisions of Chapter Six of the 2. Agnes Atieno Ochieng’
constitution. The verdict of the committee is 3. Ishmael Noo Onyango
that the candidate did impress the 4. Patricia Anne Aluoch
committee, if at all were vetting candidates 5. Florence Oketch
then personally I would recommend him and 6. John Beylon Pius Omondi
we were even wondering as why he was not 7. Judith Magundho
nominated as the head. So he was suitable 8. George Mugo Odenyo
for appointment because one, he is a 1 st 9. Vitalis Olunga
degree holder as per the requirement and he
was quite impressive with wealth of Mr. Speaker, having gone through
experience in Finance and Trade as required that I wish to request that members in your
for the portfolio. wisdom you have the final say but let us be
In conclusion, the committee guided with wisdom. Siaya is still a young
recommends the following, that pursuant to County which needs to grow and for it to
Section 179 (2) of the constitution and grow we should give it the best that we can.
Standing Order No. 185 (4), the Committee If you want us to demonstrate to the people
recommends that this House approves the of Siaya, then this is your time, this is
following 13 names, the following 5 names, the opportunity to do that. The people
for appointment by H.E. the Governor as outside there are looking at us with
Member of the County Public Service Board eyebrows and any action that you take in
and Members of the County Executive this Assembly there will be consequences.
Committee respectively. That is five Thank you. I wish to request any member of
members for the Public Service Board and the committee to second me.
the committee rejects nine members and Hon. Speaker: Yes, Honorable
recommends that the appointing authority Madialo.
submits the names of other candidates for Hon. Madialo: Mr. Speaker, Sir, may I
consideration in accordance with the second this report as presented to us. Mr.
Provision Section 7(10) of the Public Speaker as the vice chair of the committee
Appointments Act 2011. The names that the has said, we did our work and we were not
committee is considering should be influenced by any consideration and in spite
approved are:- of that Mr. Speaker the people who were
1. John Wangach Okere nominated, those people come from our

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constituencies and they come from our job well done. But I want to challenge
wards and it was painful and sometimes something. Most of these nominees have
difficult making a decision, you are vetting been brought down because of a degree
the person that you know and saying two or certificate. I have a nominee here by the
three cannot get the job. name Florence Oketch and look what
Florence Oketch was, she is yet to graduate
Let us be aware of the fact that the people to graduate with a degree of Bachelor Art in
of Kenya in their wisdom confide on you Sociology and Political Science from
under section 80 of the County Government Catholic University of Eastern Africa, has a
Act that was enacted to operationalise the diploma in physiotherapy from KMTC, has
constitution with the heavy duty of ensuring a diploma in Community Health from
credibility in the office of the public. Premese Africa. She started Naivasha
The constitution says that if you are going to Physiotherapy Centre, she worked for the
go to office, then you better subject yourself Mater Hospital, worked for Naivasha
to the test of integrity by way of vetting or Physiotherapy Centre, worked as a
go to the people and get elected in a free and community health worker for Chulambo
fair election. If you think you can’t be Hospital and that is an NGO, she worked as
vetted the way we did then go out there and a supervisor in the Cholera Response
get elected. Evaluation Project. She worked as a
The ladies and gentlemen that we supervisor in CBIS project, she understands
were addressing are persons who …….and the roles of the County Public Service Board
remember our sister and brothers that as we that is a committee in the vetting committee.
were nominating and approving people, for On gender rule she said she will ensure that
example from the Public Service Board, she will ensure that the third gender rule will
people who are going to the tasked to definitely be applied.
appoint other people on merit and therefore She will further go out her way to
if you start by breaking rules so that merit ensure women come out to higher positions
does not rule, my brothers and sisters that of leadership. She has never been charged
person who has come in without following in a court of law, has o potential conflict of
the rules …and so we were persuaded to interest and fully complied with her tax
follow the laid down regulations and present obligation. She has never been dismissed
to you because as it were at the end of the from office for contravention of the
day your word carries the day. provisions of article bla bla bla. Now look
Hon. Speaker: Thank you so much, at the reasons given that she did not produce
honorable members. I put it to you that the her 1st degree as required by law and the
committee on vetting urges this Assembly to same committee says that she however she
approve this report. The floor is open for provided a letter drawn and that letter can
debate. Honorable Fred please. never be drawn without transcripts of the
Hon. Ouda: Thank you, Mr. results of what you have been doing in that
Speaker, Sir. I thank the committee for the university. She has finished her course work

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meaning all her transcripts are there and will criminal offence if you are not compliant.
graduate October 2013 this year. She failed Donde is around 65 years of age according
because of one thing called academic to me. If he has not been paying his tax by
threshold. now they would have caught up with him.
Just hold it there. I come to the same Has not provided clearance with the police
report and here I go again. I have another department the same committee says Donde
nominee here who now brings the entire has never been arrested in any court of law.
conflict interest. This nominee is a young Hon. Madialo: Mr. Speaker
guy of 31 years of age, he has everything Hon. Speaker: Let honorable Fred
and says he is suitable. He provided all continue!
documents compliance with chapter six of Hon. Ouda: Thank you Mr.
the constitution. Has a first degree and is Speaker. Save me. Has not cleared with
servicing his loan, has work experience in police department, clearance with CRB,
several organizations in the private sector. EACC. He provided a certificate of good
By virtue of his age as a youth, the conduct issued in the year 2006, however
committee is persuaded to overlook, this one is wrong he purported, he must have
underline the word OVERLOOK the presented an affidavit signed and stamped
provision of distinguished service of at least by an advocate registered in this country
5 years as an affirmative action, underline who has gone to school for five years, went
the word AFFIRMATIVE directed as a the to Kenya School of Law, approved by the
youth. Republic of Kenya to perform his duties like
I want to tackle my fellow for example my able and lawyer honorable
colleagues in this House. If I am a youth of Madialo who sits in this House. His fellow
31 or 33 years of age, applied for a job with colleague signed that documents in other
another person of 58 years of age, I have all words he swore oath and everything he says
the qualifications in place and the 58 years in that oath is a lie the he stands to go to
man has all the qualifications in place, court of law and will be convicted not less
affirmative action therefore directs that since than 3 years. He swore because he knew
because we are of the same status everything he said everything he has is
everywhere then I should be considered in correct and true to the best of his
that provision but not to overlook. The knowledge.
committee was persuaded to overlook, Now, Mr. Speaker, and I put this
underline the word OVERLOOK the question before this House and am sorry to
experience of 5 years. They overlooked that say this. If today I pick my honorable His
in the name of affirmative action which is Excellency, the governor of Siaya County
not correct. It is incorrect. and I take them and drive them to Lamu in
I go to this other nominee, Mr. the same car together with Joe Aketch
Joseph Aketch Donde. Everything correct Donde and I call some citizens just passerby
and then the committee says he failed to and ask them between these two people who
provide proof of tax compliance which is a do you know better? They will tell you they

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know Mr. Joe Aketch Donde. This is a man I pose a question. If you say we remove the
who has written a bill under his name, The name of honorable Aketch Donde from
Donde Bill, this is a man who has what it rejection to acceptance then we will do that.
takes; this is a man who has what it takes to If that is agreeable that is the rule to take. I
push this Siaya forward. want to ask honorable Madialo to say
The same committee acknowledges something because I think he had something
that Mr. Donde has an appointment letter to clarify.
received from the president of the Republic Hon. Madialo: Thank you Mr.
of Kenya to be the chairperson of 30 Speaker. I intended to point out to
institutions that is Kenya Medical Training honorable Fred. After the name of each
College. I don’t think in this country you candidate what you are reading there is an
will be appointed chairman of Kenya addition of what is in there CV. So when
Medical Training College if you are of bad we say he has never been arrested that is not
character, if you are not compliant to tax. our word that is what he told us. Our
Mr. Speaker sir, the recommendations are findings are in bold but these others is a
wanting, they are wanting and I cannot stand reproduction of what was given to us with
here and support that we adopt these the CVs, they are not our findings.
recommendations, and if it has to be done, it Hon. Speaker: Thank you so much
has to be done with some changes. Thank honorable Madialo. Yes honorable Agoko.
you, Mr. Speaker. Hon. Agoko: Thank you so much
Hon. Speaker: Thank you so much Mr. Speaker sir. Let me begin by
honorable Fred. May the chair give some appreciation the Appointment Committee
directions on this. Unlike the first one, we for the job well done. The Appointment
have a case here where we have the names Committee made us proud, the Appointment
and when we have to rise and just talk Committee to the best of my opinion; to the
without an action point or to follow we will best of my understanding they were very
miss the point. I suggest that because we objective. I would call upon my fellow
have here 14 names, if a member feels that committee members, my fellow assemblers
we need to import a name from the rejection to be as objective as the Appointment
list to the accepted list then you stand, Committee. I want to suggest going by the
contribute, the chair will put a question, if sentiments of the speaker who has just
members feel we take from a rejected to spoken before me. I want to say that
accepted we do that. honorable Donde showed utmost disrespect
If members feel we take from to the Assembly. The legislature was
accepted to rejected we do that. I would disrespected by appearing before the board
imagine somebody like Fred who has talked twice and not presenting the requisite
the way he has done then we would follow documents.
with an amendment. We have the name of I just imagined what would happen
Florence removed or deleted from rejection if this man becomes the chairman of the
list or unsuitability list to suitability list then County Public Service Board of Siaya. I am

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imagining the level of his disrespect, the governor one being a woman and the other
level of humiliation this gentleman will one being a man. The other reason is that
show or demonstrate to the Assembly and she has proved that she can deliver given the
Siaya County at large. The proceedings of places where she has worked; she has a lot
all these was being recorded by the media, of skills. I stand to support.
everybody was seeing it all over the County. Hon. Speaker: I don’t know but the
People were calling us, people were telling chair is persuaded that whatever you have
us this is wrong and this is bad. As we come you can communicate it by vote because
here we represent the views of the silent when you say no it will mean you are
majority of the people who voted for us. against it. If you say yes it will mean you
They are proud that the gentleman who support it. Honorable Elisha, what is
showed disrespect to the Appointments burning?
Committee not be picked. I stand to
recommend the passing of so. Hon. Okuku: Thank you, Mr.
Speaker sir. Mr. Speaker we are not here to
Again, Mr. Speaker, Sir, on madam glorify some of the members. Siaya is not
Florence Oketch going by what I gather ending today. A number of candidates are
here, going by the presentations of subjected because they don’t own the
honorable Fred, I propose that this lady be degree. We cannot cheat ourselves that
taken into the board reason being her wealth Florence Oketch is so instrumental, so
of experience. Looking at the members of useful that Siaya cannot do without her. If
the National Assembly, National Cabinet, she doesn’t have degree Mr. Speaker sir, I
the said brothers and sisters who were do concur with the Appointment Committee
appointed by President Uhuru Kenyatta, that we go by the names that they vetted and
Najib Balala for example has no degree; they brought to the House because what will
Kazungu Kambi has no even a form four we do then with Mr. Ismael Onyango Noo
certificate. I don’t want to say that Siaya who also doesn’t have a degree. Therefore
County be taken back, looking at the wealth Mr. Speaker I can’t believe that the good
of experience madam Florence has, I work that the Appointment Committee has
propose we accept her. Thank you. done to the people of Siaya want to be
Hon. Speaker: I take that as a washed out by these honorable members
proposal is there any secondment? because of one reason or the other Mr.
Honorable Odhiambo, please! Speaker. I stand to support just the list that
Hon. Odhiambo: Thank you, Mr. the Appointment Committee presented to
Speaker, Sir. I stand to support that the House but I stand to oppose what
Florence Oketch be included in that list of honorable Agoko has suggested that
those who are accepted, reason being she is Florence Oketch should be incorporated.
the only woman that we have here now. We Thank you.
cannot take to the governor just one person. Hon. Speaker: Honorable Elisha
I am requesting our honorable members to you will realize that where the chair sits all
accept and we take two nominees to the of you have one vote and voice and if we are
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all to contribute the only surest way is to put Hon. Speaker: May as many as of
it to vote. If we don’t put it to vote we that contrary opinion say Nay
discuss, 30 people will talk 30 times. We Hon. Members: Nay
will not leave this place. The committee did Hon. Speaker: The speaker cannot
these they never had a solution, we made get the mood of the House. We are voting.
compromises. Please I want to move Whatever you have put it in vote. Yes
forward by way of voting. There is one honorable Muhulah.
proposal that we amend this report to Hon. Muhulah: Mr. Speaker, I
include Madam Florence Aketch as a want to request the House for a motion of
member of the County Public Service extension of time to debate Mr. Speaker.
Board. May as many are of that opinion say Hon. Speaker: May as many as of
Aye the opinion of extension of time say “I”
Hon. Members: Aye Hon. Members: “I”
Hon. Speaker: And may as many Hon. Speaker: May as many of that
are of that contrary opinion say Nay contrary opinion say “NAY”
Hon. Members: Nay Hon. Members: Silence
Hon. Speaker: The speaker has not Hon. Speaker: The “I”s have it.
caught the mood of the House, so we will We will extend. May we have order in the
vote. Can you give honorable Elisha that House please? Order everyone. If we have
microphone please? There must be order more than 30 votes cast then we will redo it
and there must be a formula. Without a because that will amount to rigging. How
formula we will not get anywhere. I want to many are we?
hear what honorable Elisha has to say. Give Hon. Member: We are 29.
honorable Elisha the microphone please. Hon. Speaker: Who is absent?
Yes, honorable Elisha. Hon. Member: Honorable Oriaro.
Hon. Okuku: I was just telling Hon. Speaker: Honorable Oriaro?
them that if we have to vote then we will Hon. Member: Yes.
vote for each and every participant who was Hon. Speaker: Has he sent his vote
here? through SMS? Honorable Agoko, please
Hon. Speaker: We will vote as come and witness the counting. Another
many times as you propose amendments person? Honorable Elisha, please come and
meaning we can vote a maximum of 14 witness the counting.
times and we will not fear voting because
we are here for voting, debating and voting. (Votes counted)
If we are afraid of voting this is not the place
for us. Please we are voting. May as many The results are, the yeses are 16, and
as of that opinion of inclusion of Florence the no’s are 12, perhaps one person never
Aketch’s name in the accepted list say Aye voted. So we move that amendment that
Hon. Members: Aye Mrs. Florence Oketch be part of the people
that this House has approved. Remember, I

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have a word of advice that the committee interviewed and qualified for this second
report was not the report for the committee. phase the other applicants were not perhaps
it was a report on behalf of this Assembly. considered. May be in future this can be
When we include a name or delete a name looked into during the Appointment
we must all take responsibility. There will Committee such that all the applicants,
be no time to go out there and say that as a curriculum vitae of all the applicants be
committee we were so professional and availed to them in future. Otherwise thank
rejected this name. We move together or you, Mr. Speaker.
stagnate together that is given. Any Hon. Speaker: Honorable Osuri,
contribution please, Honorable Osuri, honorable Osuri, are you therefore
something has been burning you. proposing?
Hon. Osuri: Thank you Mr. Hon. Osuri: That if that issue can
Speaker sir. I want to start by commending be considered from suitable to unsuitable.
the Appointment Committee however I have Hon. Speaker: I want someone to
one issue, Christine Jennifer Akinyi. This is second you then we can give the committee
one person who quitted teaching during a chance to say something before we put it
sometime yet she is being recommended in to vote. Who is seconding? Who is
the docket of Education. I don’t know seconding? There being no seconder I think
whether it is the money issue that is bringing he loses it. I will minimize chances for
her back to that docket or it is interest members of the committee. Honorable
because there is that issue of conflict. I Muhulah, please.
don’t know whether that was considered. Hon. Muhulah: Thank you, Mr.
That is my issue with that area. Speaker. Mr. Speaker I want to bring to
Hon. Speaker: Honorable Osuri, your attention, this lady Judith Magudho
what does money issue mean? following the report that was read by the
Hon. Osuri: Maybe, I don’t know if vice chair of the Appointment Committee.
she voluntarily quitt teaching either because Mr. Speaker, if I got the vice chair very
of the low pay and now that may be she clearly this lady is a bachelor of commerce
considered that the remuneration that is now holder a degree that is so relevant in
attractive that makes her now wants to serve management. Mr. Speaker if you look at the
in this docket. background of this lady she has worked for
I also wanted to say that this some years. Today the cabinet secretary of
member that was rejected looks so big; I the central government of Kenya Mr. James
don’t know how they came to pass the test Macharia who was actually my colleague in
during the panel of interviewers such that NIC bank, he is the one heading the health
most of them either passed and when they docket Mr. Speaker.
were asked for the documents at this second He is going to that docket Mr.
phase they could not present them. May be Speaker because of his capability in
either for some of the dockets I would management Mr. Speaker. I really do not
suspect that some of these people who were see reason that some people came brought in

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a petition and when they were put task they departments but when he was given water he
could not verify this petition. Other than could not do it to that level if at all he was
that petition Mr. Speaker, the Appointment not doing planning. So he could still plan
Committee could not come out very and do the programmes of Vision 2030.
distinctively Mr. Speaker what actually This lady I have a feeling the issue of
could drop this lady out of the docket of petitioners that was the most key issue but
agriculture Mr. Speaker. This lady when the petitioners as we have been given the
you look at her she has a passion to serve report from the vetting team they neither
this County and this is why she did apply. I proved their case. She has actually
do propose that the name of Judith Magudho impressed in all these areas that she has
be transferred to the nominated members of actually worked, a lot of experience. The
the docket Mr. Speaker. Thank you. kind of work that we are actually going to
Hon. Speaker: Who is seconding? do is managerial skills. So I was seeing we
Give him the mic. Please. take her to the governor as a nominee that
Hon. Owii: Thank you very much, we have approved because of this vast
Mr. Speaker, Sir. I stand to recommend the experience that she has. We should be
proposal that was made by honorable considerate for this lady.
Muhulah that the name of one Judith I have a feeling that the committee
Magudho be included in the list of names of had a feeling for her but the fear was that
those who are cleared by this Assembly she was so sincere to them. I saw His
because of the following reasons. Excellency Uhuru giving the cabinet
Mr. speaker, Sir, just like the secretaries what he was giving. You could
honorable Peter had said the truth of the just be given what you had never tried in
matter is that it was in the interest of the your life but you accept it. I don’t know
group that were doing interview for these when one of our ladies, Rachael Omamo has
honorable ladies and gentlemen for these ever been in defence but she is in defence.
portfolios that saw it befitting that she What is so special about Judith?
comes to this portfolio/docket. Given her Why don’t we give her a chance to
academic credential Mr. Speaker sir I try? And we are allowed by law; the
believe that we may look for too long to get governor is allowed by law and if we find
a lady that will take that one. that they cannot perform we fire them. We
Mr. Speaker, Sir, yesterday I was have accepted quite a number of people here
watching TV in the morning when principal whom I know that will not even perform but
secretaries were being vetted and one of the now we have been told that they are the best
nominees was by profession an engineer. …
He had applied for other positions but he Hon. Speaker: Honorable Kowii
was given the position of Vision 2030. And please, I want you to withdraw that for
when he was given chance actually he really certain you know some people will not even
impressed the entire vetting committee perform? Can you withdraw that statement?
because he said he would not do it for other

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Hon. Owii: I have withdrawn Mr. portfolio because there is no law telling him
Speaker. I believe if they are given chance to put any specific …anywhere but you go
they will perform and that is why I am to the next provision of the constitution the
saying if at all we give Judith a chance she principle secretary must have knowledge or
will perform and I want us all to have a soft experience. There is no way the person
spot to the ladies. Thank you Mr. Speaker ….could have answered the questions of
sir. Vision 2030 if he/she has not come into
Hon. Speaker: Thank you. Before contact with planning. Please as we address
I go there I want to give a member of the this please let us have the scenario and
committee chance to clarify on that matter remember the governor must have the
then we put it to vote. Yes honorable cabinet. So let us not have a scenario where
Madialo. we pass people..
Hon. Madialo: Mr. Speaker sorry Hon. Member: Point of information
for talking too much. Mr. Speaker there is a Mr. Speaker.
difference between National Government
Hon. Speaker: Declined. Continue
and County Government.
honorable Madialo.
The National Government does not
have legislation that ties the president who Hon. Madialo: Mr. Speaker, I wish
to put where but the County Government to rest my submissions by saying that what
Act tells the governor who to put where. we were doing was not informed by any
Yes it is said that this lady is qualified but other considerations other than we were
directed by law to take people according to
we agree in section 35 sub section 3(d), I
their experience or according to their career
will read, a person may be appointed as a
and with written law we can’t amend it.
member of the County Executive Committee
Thank you, Mr. Speaker.
if that person has knowledge, experience
and distinguished career of not less than five Hon. Speaker: Then I pose the
years in the field of the portfolio the person question. That Mrs. Judith Magudho be one
is being appointed. of the people approved in this report. May
Florence is being taken to the Public as many as are of that opinion say “Aye”
Service Board. You don’t need specific Hon. Members: “Aye”
Hon. Speaker: May as many are of
specializations to sit in the Public Service
that contrary opinion say “NAY”
Boards. Brothers and sisters surely if we
Hon. Members: “NAY”
went …. For one candidate then let us
Hon. Speaker: The speaker can’t
amend and include everybody. Surely and if
these people went on tomorrow and swear catch the mood of the House. Please vote. I
somebody you did not approve, will you know some of you are thinking why don’t
cry? Will you say they are wrong? we just raise hands and count. I am saying I
So, the calculation here my brothers will not allow this House to be a House
where people keep grudges. We will go
is this yes the National Government the
secret for that is the best way to go. Where
president may appoint anybody to any
is honorable Fred?
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Hon. Members: Fred has just gone that you interviewed I want to believe were
out. so free and some told you everything.
Hon. Speaker: The chair is I have one issue with one George
wondering whether he had proposed an Odenyo, I saw your report that he was one
amendment on Donde’s name or not. He of the best but he told you something that
did, let him come. Members just be patient, you suspected that he could not be fit to be
the chair is aware that this is more than one in the office though he produced those
seating and we will see how to make a documents that are required by law. That is
ruling on that. the good conduct certificate, which indeed if
Hon. Member: We are counting for he was charged in a court of law he could
the NO. one, two, three, four, five, six, not have gotten it. He brought that letter
seven, eight, nine, ten, eleven, twelve, from the CID which means he was cleared,
thirteen, fourteen, fifteen. so my point Mr. Speaker is we ask the
House to support the inclusion of that
We are now starting for the YES. One, two, particular person because we also need
three, four, five, six, seven, eight. experienced people. I request the House to
Hon. Speaker: Eight plus fifteen? support one Mr. George Muga Odenyo to be
23. About seven or six declined. So the included in that [Link], you, Mr.
No’s have it. We move on. Any other Speaker.
proposal/deletion. Yes honorable Ombe. Hon. Speaker: Any secondment?
Hon. Ombee: Thank you Mr. Yes, honorable Odhiambo Munda.
Speaker sir. I raise to support the approval. Hon. Munda: Thank you Mr.
Mine is to congratulate the committee for Speaker for giving me the chance. I stand to
the good work done. This is a wonderful second mnnythat Mr. Odenyo be included in
document, better than the first one. Please
that list of those who were cleared simply
keep it up. because that day when you were there I was
Hon. Speaker: Thank you. Yes also there as a one of the public and he was
honorable Kawour please. very sincere. He told the committee that he
Hon. Awour: Thank you Mr. was dismissed and the time he was
Speaker sir for this chance. I want to join dismissed that is when KANU was KANU.
my colleagues Mr. Speaker to congratulate KANU was baba na mama and there is
you and thank you for the good job that you nothing he could do. He had to be dismissed
did. I want to say that I am happy with the and he was even threatened with death.
way we are going. I was a little bit That is why he chose to keep quiet. So am
concerned when it was almost 6 but you requesting that his name be included. Thank
allowed for the extension of the time and you.
now we can debate until tomorrow in the Hon. Speaker: Yes honorable
morning. But my point is that I noticed that Omwende. Did you raise your hand?
there are some areas that you were trying to Hon. Omwende: Thank you Mr.
look for information and some of the people Speaker. First and foremost I have to

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appreciate the Appointment Committee for committee that he was once dismissed. Mr.
what they have done. Mr. Speaker I need Speaker apart from being dismissed from the
some guidance. If this is the way I think we Public Service he was never taken to court
are going to loose the focus Mr. Speaker. so that the allegations that lead to his
Because we are now person minded with dismissal could be ascertained by a court of
this thing, we now want every person, it is law.
now a matter that somebody from my ward So, Mr. Speaker, his dismissal could
must be included in the list. We are losing either be or could either have come about
the direction so kindly requesting if possible because of the work he was doing, the
the question could be, do we go for the list people he was working with but not because
or we should not go for the list? They have of the profession of the work that he was
not messed up with the list. Every person given to do. So, Mr. Speaker, I also stand to
must in the [Link] accepted and the support that Mr. George be included in the
rejected ones. The rejected are now being names of those people that have been
taken to the accepted. This will now even selected in the post of the Executive
kill the morale of the Appointment Committee. Thank you, Mr. Speaker.
Committee. Thank you, Mr. Speaker. Hon. Speaker: I want to put that to
Hon. Speaker: Honorable vote that we don’t waste more time. That
members, honorable members. The chair may as many as of the opinion of inclusion
must give everybody a chance and every of his name in the report as one of the
view an opportunity. Remember the law people approved “Aye”
doesn’t say that the approval will be done by Hon. Members: Aye
the Appointment Committee, the law says Hon. Speaker: And may as many as
that the approval will be done with the are of the contrary opinion say “NAY”
Assembly. The view of the Appointment Hon. Members: Nay
Committee is advisory. You have the final Hon. Speaker: I can’t catch the
word. We must be prepared to do this as mood of the House. We will vote. And may
much as we are prepared to get tired. be also to remind this committee, I heard the
Honorable Booker please before I put it into Committee on Appointment say that they
vote. Honorable Booker! will advise the appointing authority on two
Hon. Minami: Thank you Mr. important things. 1) That if somebody was
Speaker. First of all I want to take this rejected because he never produced the
opportunity to thank the Appointment documents required and there is new
Committee for the work they did in vetting evidence to support what led to his
the nominees that were forwarded to them dismissal/rejection then we are ready to
by the governor. Mr. Speaker I also wanted receive that person again. 2) They said that
to support the inclusion of George Odenyo. the Appointing Authority need to consider
Mr. Speaker, according to the report regional balance as much as possible that
given by the vice chair of the Appointment when we will be debating the new names we
Committee is that Mr. George told the will tie them to the names we have passed so

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
that we want to encourage the appointing nominee or as one of the people in the
authority that where may be somebody from Public Service Board. Otherwise thank you.
a given area was rejected he needs to Hon. Speaker: Secondment please.
consider a replacement but that is his Any secondment? You will lose it. The
discretion. We will advise. Honorable speaker gives the ruling. You are losing it.
Booker and then honorable Elisha you are There being no seconder, you have lost it
permanently here. Honorable Willis. Any other? Honorable
An Hon. Member: We are counting Otare, please.
NO. One, two, three, four, five, six, seven, Hon. Otare: Thank you very much
eight, nine, ten, eleven, twelve, thirteen, Mr. Speaker sir, I just want to arise and say
fourteen, fifteen. that the appointment committee have done a
YES. One, two, three, four, five, six, very good job and I have to appreciate what
seven, eight, nine, ten, eleven, twelve they have done and even bringing us to
Hon. Speaker: Twelve plus fifteen. somewhere. Honorable Speaker what I can
27. The Nays have it. So we loose on that say is that if our appointment committee can
one. Next! Yes, honorable Willis. also do the vetting without this appointment
Hon. Ochieng: Thank you Mr. authority we would have been very far Mr.
Speaker, I will start to endorse or support Speaker. So they have given us a very hard
Mr. Ismael Noo Onyango following the work to this appointment committee so I
ruling of the vetting committee, that Mr. was just suggesting that next time let us also
Onyango Noo did not provide his degree do the vetting for the appointing authority.
certificate as required as per the County Otherwise I do appreciate that job and I say
Government Act. It says that sub section that you have done a very commendable job
3(b) However, he persuaded the committee thank you.
that he is in the process of completion of his Hon. Speaker: Thank you so much
degree and he is working on it. unfortunately it is outside our mandate just
Following the ruling, I don’t think like a Honorable member, Honorable Osuri
that the results of the ruling that he was had suggested that in future we need to get a
causing Florence to be out and I think we list of all the people who applied for
agree to accept her back but she did not positions, unfortunately it is outside our
produce her first degree as required by law. mandate. Ours is only to look at the people
However, she provided a letter brought from whom have been recommended to us and
University registrar that she registered for anchor it on the suitability. Anybody
her first degree in 2011 and has finished her Honorable members? Honorable Ben, yes.
course work and would graduate in October Hon. Omondi: Thank you very
the 2013 upon approval by the University. much Mr. Speaker sir, and first and foremost
So, following the two readings, I see as if I wish to take this opportunity to sincerely
they fall in the same category and under that salute my fellow members, fellow colleague
connection, I call for the approval of Mr. whom we were with at the appointment
Ismael Noo Onyango to be considered as the committee. To the best of my knowledge, to

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the best of my understanding and to the best appoint somebody who has gone, who is
of my wisdom we did a quite a wonderful having whatever has passed through Chapter
job but I want this one to be taken and let it six. I believe you know what Chapter six is
be history that shall ever be remembered and then after all these we bring you the
that we have accepted as a House to amend report the report that is brought to you, you
or bend rules to suite particular persons. will either pass it as a House this report that
I want that to be on record. we bring to you will look at it, go through it
Personally and to my conviction, the only and you have power to either accept passing
local document that is allowed in book other it or reject it and exactly what we are doing
than certificate is the transcript. It is so here today.
embarrassing, annoying it is a disbelief I believe that whatever you have
because when we were doing this things, the done, maybe by pushing some names into
fourth estate were there, they watched, they the first list does not interfere with our
recorded and believingly those who were in integrity as a committee. it is within your
support of the document as part of collected power and don’t go out of this House start
responsibility, as members of the committee saying that we have disciplined them. In our
today, now, are changing their positions. records we have whatever you have read
I want to say that we have started to here you know that we failed so and so
construct a House but it is so unfortunate because he never had, he does not have a
that you are putting a very weak foundation degree, he is not a degree holder and that is
that will haunt us for the rest of our four why we left. We have left him or her
years. I want that one to be on record and if because of a report given to us, so next time
at all press are able to take that let it be there this our report I believe Mr. Speaker, this
tomorrow that Ben a County Rep for North same House will use it to verify that did our
Ugenya that is my position. Never did I committee do right job? I want you to have
expect this that is happening but all said all it in your mind as members of this House
done, God is our witness. Thank you. and thank you very much we appreciate we
Hon. Andiego: Thank you Mr. are still there to do the work and I think that
Speaker, I am on my feet just to clarify some Mr. Speaker it is through your advise that
few things to the members of this House. I this committee can help the executive to
want to let you know that you nominated a appoint whoever they will need.
committee that is called appointment Hon. Speaker: Absolute no, we
committee, it came from you and you gave don’t have the executive for that advice.
us the mandate to go and vet. After vetting, Honorable Onduru, please.
before vetting you gave us rules and Hon. Onduru: I would like to start
regulations to follow and indeed this are by saying that the work which was done by
what we used to guide us. the appointment committee is superb if I
Whatever we brought to you here is may use that word. They have done a good
through the law, for example there was a job. You know here when you are doing
rule that we appoint a degree holder that we this thing you have a lot of things. It was

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very difficult and I noted you voted people do as we advised is that I want to if you
who were coming from your ward. Speaker allow me to tax the committee on
sir when we were in Kisumu you told us appointment to have a dialogue with the
something which you are good, I think that governor tomorrow and tell him, take him
whatever you said you say it and we put in through the list that we have passed, take
practice. him through the list that we have rejected
You said that you pick a time to talk and communicate to him the concerns of this
and talk and talk and then you visualize House that we will not look at the new list in
what you have been doing, thank you very isolation, we want to marry the new list with
much. I am telling you my dear colleagues the old list so that we have a situation of
if you are chewing a sweet thing and you regional balancing at the end of the day.
chew it for a long time it will become Where we are heading we will hit a rock.
hopeless, the sweetness goes. We have I advise that this committee
chewed it enough, the sweetness of this tomorrow at 9.00am, you meet here, you
thing is now gone. Mr. Speaker if we can look at the list with amendments, then if this
close this by saying that we give you what House allows you meet the governor and
we have given you have a dialogue with him on behalf of this
Hon. Omwende: Am I too short, Mr. House. Because I believe if we had had a
Speaker, Sir? dialogue with the governor earlier on we
Hon. Speaker: Order! Honorable Odinga would not be rejecting these names. So that
Hon. Omwende: Thank you, Mr. Speaker; is the route I want us to take. Is there any
I think that we have now come with an other member? Honorable Odinga you had
agreeable list that we must use. I just want something?
to hear it from you or being that the list now Also, just for your information,
the one that we are having I wanted to know remember that the Governor has only seven
on regional balancing purposes, I just want days within which to submit new names
to know those nominees are coming from here. Meaning that in the next say 14 days
where because we may propose them and or so we will have a chance to have a look at
they are coming from even Rarieda and our entire cabinet. Let us not be swayed to
Bondo when in this area is remaining with look at this cabinet in a skewed manner of
nothing. So it is very important if possible the people that have been passed today.
Mr. Speaker I know the main class where That one will lose the point. Just like how
they are coming from. Very important for many people they are about four members
regional balancing purposes. who have not been given to us by the
Hon. Speaker: Honorable Members, do governor so we expect there will be regional
you think that will help us? balancing. Yes, Honorable Odinga!
Hon. Members: No! Hon. Odinga: Thank you very much, Mr.
Hon. Speaker: Because we will not Speaker, Sir, and mine is just a piece of
reverse what we have done. We cannot advice that it is true that the committee did a
reverse what we have done. What we can good job and that in the last page of page 35,

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when giving the five lists of those who against anybody who was left in this list and
passed the test there was no clear distinction I tend to feel that there was no favoritism for
of who is under the Public Service Board any person who made the list. I only want
and who is under the executive, it was just. to say that in case the list is taken to the
And I could even realize that when the vice executive, are the names that in my talking
chair was going through; he could not state the names that have been rejected today
who is under the Public Service and who come back to the list, there has to be a very
was under the executive. So for much good reason because you only have to do
appropriatory in future it would be better what is being done at the National Assembly
you can say if there are two people whereby a list is rejected, then the next day
nominated for Public Service then it should the same people are accepted.
be indicated clearly in your last I also want to say the whole thing to
recommendations. the executive that in case the House rejects
this people, the executive should not do
Then number two I want to say Mr. what we are seeing in other places that these
Speaker, that reading I know the chair people get sworn in, despite the fact that
doesn’t see, the chair doesn’t hear unless his they have been rejected by the House.
tone reading from the rule of the people. I Because this will be a trend that might bring
think the list has been adopted with those Siaya down and I think that when we were
few amendments of course you will seek at Kisumu, I stated clearly that if you start
guideline and also it is believed that if the on a wrong footing then you will bring down
governor so wishes that the names of those Siaya.
rejected we can still bring them back to the Siaya as a County is in the focus of
committee we may be convinced in the job, the National Government and of the world
the affidavit or even the statements from
and I am very sure that the enemies of
him then they can be reconsidered we sit devolution would like to see Siaya being the
here to argue on this it will take the whole first County to fall down and be taken to the
time so I think Honorable Mr. Speaker, Sir, Central Government and they want to tell all
that we may agree Honorable members that if you support
Hon. Speaker: Honorable Ndonji, please anything that will bring Siaya County down
Hon. Ndonji: Thank you Mr. Speaker sir, as a government we are all going home. So
first I want to say, I want to commend the let us do what we think is best for the
appointment committee. When the County for the development of the County
appointment committee was being and for the people of Siaya County. So I
constituted, we gave them the mandate of want to say that I have so much confidence
vetting the nominees, they have done the job in the job that was done by the committee
very well, because we entrusted them and and I want to support the document and
we were sure that they will follow the employ the amendments that were made
mandate. Of the list that has come, I have to today. Thank you, Mr. Speaker, Sir.
feed in that this people are working out of
their conscience, and there was no malice
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Hon. Speaker: Thank you, before I That is a bad precedence that we are setting
give Honorable Otieno the mic or the chance in this House and it will haunt us in future.
to talk, I want also to further advise because
I can read the mood that we further advise I wish to say that the committee did quite an
the appointing authority not to go ahead and impressive job, we interacted with the
nominees and even if you are asked today
publish these names until we get the full
whoever was not there you may not know
phase of the executive and the Board reason
the kind of people whom we engaged with.
being that we don’t want people to start
saying that we are represented and we are I tell you some were very arrogant and some
not represented, that would help us. Again are just supporting simply because they want
you look at the constitution of the board, to talk in the House but you have not met the
you are talking of a board of seven people characters of the people you are talking
and this Assembly has only approved two, about. On the issue of degree, personally as
a lawyer I cannot compromise the issue. I
meaning that that board is not numerically
know we have made the necessary
fit to stand. So we hope that this will just be
arrangements, but I want to tell you that I
the first phase of his list when he brings the
cannot bend the law that we have set in
other list we work on it and then we have a
full picture of the nominees and thoroughly place. So it is a bad precedence to us. I am
appointed. Thank you. Somebody had not saying that we reverse it, it has already
something? Yes, Honorable Otieno. been amended, and I want to tell you that a
letter
Hon. Otieno: Thank you Mr. Speaker sir I rise to give the from the University
contribution cannot
that looking actmood
at the as aof the House, th
degree. A degree is only a degree after the
Hon. Speaker: Granted. Honorable Kadera
Chancellor of a university confers on you
please reply.
the powers to read and write. I am….. it can
Hon. Adera: Thank you Mr. Speaker once
never be a letter can never be a substitute of
more, I wish to thank the members for their
a degree.
generous contributions towards the two
motions that we have laid on this table. Mr. On the issue of adjournment, I wish to say
Speaker I wish to make my short response that this committee was lenient enough in
because I know time is of essence and I wish fact we decided to bend the law in order to
to state that I am quite and I know it is the suite even the character or the personality of
right of this House to debate and make an individual although Honorable Donde
amendments and even give their final saw well and going by the advert that we
verdict on a report that has come from the had put in the paper, this is a statutory
committee. requirement that after the governor sends,
the executive sends the list of the nominees
I am quite disappointed with the way they
to the Assembly we have to take a certain
have exhibited this right because Mr.
Speaker I could see people using toothpick period about seven days to notify the
nominees and the general public.
to look at the list and say that oh! This one is
from my ward, this one must be placed.

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Then they have to pick the form, the he was the first person to comply. The only
questionnaire which they have to fill and the problem that we had with Okore was the
law stated clearly that it was supposed to be experience issue and being a youth you
returned by Friday 2.00 pm. And I know know the law says that there must be a youth
Honorable Donde is somebody just the way there but being a youth, even if we interview
the Honorable member of ….. is somebody a hundred people we may not get a youth
who reads newspapers and if he doesn’t then who fits that job even if we were to reinter
I am sure somebody must have informed view in a hundred days because a youth is
him that this is the requirement which has somebody who has probably just come from
been put in the advert by the County college maybe about three or four or five
Assembly. I want to inform this House that years ago. We considered that but we were
Honorable Donde did pick the questionnaire guided by principals and we also shared our
I don’t know when but he picked the reason.
questionnaire and he never returned it as
I wish to say that the committee has done its
required. Even when we were vetting he
part and the Assembly is now doing its part
failed the vetting code without any
and I can assure you that the public is seeing
document in fact he had a photocopy of his
ID and a Clearance Certificate from the CID what you are doing and you will be judged
dated 2006 and this is somebody who had with your actions. Every action taken by
read the newspaper he knew very well that you it will follow you, but I want to request
they were required and he did nothing about, that we do pass the list as it has been
amended. I know time is moving and
it in fact he told us that when this one was
perhaps won’t want to talk much. Thank
ongoing, I decided, I had gone to Lamu,
you.
went to Voi to train some people there. You
cannot take the business of this House Hon. Speaker: Thank you so much
lightly, this is an Assembly constituted by Honorable Kadera and then I put the
law and the business of this House must be question to you, that this House adopts the
taken very seriously. committee report with amendments that
Honorable Madialo will tell you that one have been put in place. May as many as of
for that opinion say “Aye”
principal of Equity says that he who comes
from equity must do equity. What did he Hon. Members: “Aye”
do? He saw the advert, he stepped on it in
fact I am sure perhaps he was saying “this Hon. Speaker: And may as many as of the
children want me to go before them to fill contrary opinion say “NAY” The “Aye”s
this form, I cannot. Perhaps that is what he have it, thank you.
said. So we did what any reasonable man or
So, finally Honorable members I want to say
woman would do. In response to the issue
that the chair is aware that we have sat here
of Okore, I wish to say that Okore being a
not for one session but about three sessions,
youth, he complied with everything that was
so the secretariat will do the needful and you
needed, the degree, and the clearance in fact,
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comply, you know what I am talking about. For the Appointments Committee, let us
Secondly I want to say that we will adjourn meet tomorrow here at nine. With the
until you get communication, earlier we had Health Committee we said 25th and other
said that we want to have the appropriation members who are going to Nairobi for an
bill introduced on Monday the 24th, we are Agricultural Activity we wish you all the
still waiting for the bill it needs to come best. Thank you so much.
from the executive but as a matter of law we
must do it before the 26th and this House
should be going somewhere on the 26th for a
workshop you will be communicated for that
information as soon as possible.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Tuesday, 16th July, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

Hon. Adera: ---Of 2012 the appointments important, which they feel too. I wish to say
act and the Public Ethics Act before that there are several names which were
reaching the conclusions or making the brought before this House for consideration
decisions. Mr. Speaker, I wish to and I will go through the names.
categorically say that the members of this The Chairman that
committee did a wonderful job and I believe had been proposed for this position, Joseph
the House or this Assembly will appreciate Aketch Donde had been proposed for this
that the report that they are giving this position, Charles Otieno Rading’, had been
House today is a thoroughly….document proposed for Secretary Public Service
and as an Assembly, they also have the Board, Ismael Noo Onyango had been
mandate to go through it and if they feel we proposed as a member, Nicholas Kut
included or omitted anything, it is their Ochogo had been proposed as a member,
mandate now to go through the same and and Rosemary Atieno Okumu had been
make any amendments which they feel proposed as a member and Philgona Atieno
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Ooko. Then we have Ezekiel Omwombo should meet before he/she is approved in the
Abang’ who had been proposed or various dockets. And some of them were
nominated for the position of County academic qualifications, employment
Executive member in the Docket of Lands records, professional affiliations, potential
Physical Planning Survey and Housing, conflict of interest, knowledge of the
Stephen Aluoch Kopot had been nominated relevant subject, overall suitability for the
for the County Executive member holding position, tax compliance, integrity which is
Public Administration and Governance, under Chapter six of the Constitution. And
Cleophas Okoth Ombogo had been during our sittings which we held 12th and
nominated for the docket of Finance, 13th of July this year at Siaya Agricultural
Planning and Vision 2030, Salome Sarah Training Center the committee orally
Ondego had been nominated for the docket interviewed eight nominees and eight
of Water and Irrigation and finally Vitalis nominees, there were nine nominees for the
Olunga had been nominated for the docket Public Service Board and the Executive
of Tourism Conservation, Wildlife and Committee and I already stated that we did
Information. not vet three of the nominees who had been
Mr. Speaker the presented to us I have already given the
Committee did make some findings in its reason why we did not do that.
sittings, there were about 8 sittings where
we invited the nominees. All of them Mr. Speaker, some of
appeared before the committee, about nine the documents that we required I think when
we were vetting were the Copy of ID or
were vetted, and three we did not vet. The
passport, Curriculum Vitae, copy of the
reason being that they had been vetted
degree certificate, Compliance Certificate
earlier I think between 17th June and 19th
from KRA, Clearance Certificate from
June 2013. So the committee decided to use
the records of their earlier vetting and Higher Education Loans Board and Duly
perhaps advise the nominees to forward or filled self declaration form of Leadership
submit any documentation that were missing and Integrity, valid certificate of good
or which they feel could help in justifying conduct from the CID, Clearance from
them. Credit Reference Bureau and an
accreditation from The Commission of
Mr. Speaker, in Higher Education it is upon the candidate to
consideration of the committee while vetting obtain his/her degree abroad because we
we were considering various things I have need to approve by the universities
already stated that we looked at the recognized by the Commission of Higher
Constitution of Kenya, we looked at the Education (HELB).
Public Appointments Act 2011, we looked We interviewed
at the County Government Act 2012, we various candidates and interacted with them
looked at the Public Ethics Act and the same some, Mr. Speaker some of the candidates
statics do .provide for procedures and even did not provide the documents as stated
qualifications which a member or nominee because we had put them in the advert while
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some provided all the documents required the committee taking into consideration its
and during the interaction with them, we findings based on its previous interaction
discovered that some documents were with nominee, and considering the
missing from and they did not come with documents brought later as aforementioned
some of the things that were required and observed the following:- that the candidate
your Honor if you look at the integrity under submitted a copy of his ID, he brought KRA
Chapter Six of the constitution, it is the clearance certificate, he brought a Clearance
document that could guide us or could help from HELB, he brought a Clearance from
us ascertain if at all somebody has been Ethics And Anti Corruption Commission, he
complying with his tax obligation or has not also brought a certificate of Good Conduct
been proven with anybody or body or and also a Clearance from CRB. However,
organization. We cannot ascertain that if this same candidate did not submit an
maybe the KRA does not clear you so for us accreditation by the Commission for Higher
to know that you actually comply or you are Education in authentication of his academic
a tax complier then it is mandatory that you certificates and more specifically for his
give prove maybe by providing the degree mentioned he obtained abroad.
Certificate of Compliance from the tax or
from KRA. So, it was not easy
Mr. Speaker, section for us to know whether the Commission of
80 of the constitution states that parliament Higher Education recognizes the university
shall enact legislation and establishing where this candidate obtained his degree.
And in conclusion of his part, the candidate
procedures and mechanisms for the effective
failed to submit an accreditation by the
administration of Chapter Six. So if you
Commission of Higher Education this is the
look at the various Acts or statutes that I had
third time, the committee observed that this
mentioned earlier, they could give us, they
do give us procedures or mechanisms of is the third time that this committee was
dealing with the same. Like the Public asking for the same document and the
Ethics Act states clearly that if you want to committee finds that without the
know whether the person has been accreditation, the candidate is found to be
unsuitable.
complying or has got no problem with the,
has not been evading tax, then the person Mr. Speaker our
should provide the Clearance Certificate second nominee is Charles Otieno
from KRA. So that is covered in Chapter Rading’, the committee having considered
Six of the Constitution. Mr. Speaker having his curriculum vitae and heard his oral
interacted with the various candidates, we submission during the vetting exercise
made the following observations for various observed the following:- that from the
candidates. interaction that we had with him, he has an
The committee, the MBA in Strategic Management from the
first one is Joseph Aketch Donde who had University of Nairobi, he is a CPS holder,
been nominated as the Chair of the Board, Certified Public Secretary from Strathmore
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University, he has a certificate in Guidance committee in the first vetting and we didn’t
and Counseling from the University of find it fit to rivet him. Because we believe
Nairobi, the candidate has a Post Graduate the information he had given us in the first
diploma in Personnel Management and vetting was adequate and what he was
Industrial Relations from the University of required of was mainly to provide
Nairobi, he also has a Bachelor of Education documents that were missing during the first
in Arts from Kenyatta University, he was a vetting. Noo provided a letter from the
teacher at St. Francis Rang’ala Girls’ University of Nairobi, School of Business
Secondary School for 7 years. stating that he has finished both his course
He was the head of work and final project and he is expected to
Department at St. Paul, Sigomere Secondary graduate in December 2013. That was the
School for over 5 years, he was a principal letter that he produced is the one that is
teacher at Tingare Secondary School for 3 stated there that he is expected to graduate
years, Assistant Director of Training in the later in the year 2013. And as we had
Ministry of Youth Affairs and Sports, he is discussed earlier in our first debate, I don’t
currently the Interim Clerk of County know when the degree is a degree.
Assembly of Lamu and in support of his
case, he submitted the following:- a copy of In my own opinion, a
his ID Card, Curriculum Vitae, Compliance degree is only a degree when the Vice
Certificate from KRA, Clearance Certificate Chancellor or the Chancellor of a University
from Higher Education Loans Board, List of confers on one the powers to read and write
and not trespassing. So a letter cannot be a
members of Good Standing from ICPSK,
substitute for a degree. So in the conclusion,
Certificate of good conduct from CID,
the committee stated this, that the mandatory
Clearance from Credit Reference Bureau
requirement is the degree and which the
and Dully filled and signed vetting
questionnaire. In our conclusion, the candidate failed to provide, however, he
committee found the nominee suitable provided a letter from the University of
because he meets the academic requirements Nairobi indicating that the candidate is
he submitted all the required documents. He expected to graduate in the course of this
has academic qualifications as provided for year. The committee however categorically
stated that the same does not amount to a
in the law; remember the law says that he
degree. He is therefore unsuitable.
must have a degree and he produced the
Remember this candidate was coming to the
same. And he is a Certified Public Secretary
Assembly for the second time.
and he has the required five year experience
in Public Service. Over five year experience Our next nominee is
actually. So the candidate was found to be Nicholas Kut Ochogo, the committee
suitable. having considered his curriculum vitae and
The third nominee is heard his oral submission during the vetting
Ismael Noo Onyango, Mr. Speaker, Ismael exercise made the following observations
Noo Onyango also did appear before the that he is a doctor of Philosophy in
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Education, he has Masters of Education that, she has a Diploma in Development
(Educational Administration and Planning), Administration from the University of
he has Bachelor of Education (Arts) degree Birmingham, UK, she has a Bachelor of
from the University of Nairobi, he has a Law degree from the University of Nairobi,
Diploma in Education from Kagumo she attended the Kenya School of Law in
Teachers College, he has worked as a 1978, she did her East African Certificate of
Teacher in Koru Girls’ High School, worked Education at Ngiya Girls’ High School, she
as a Senior Administrative Assistant, attended Moi Girls’ High School in Form I
College of Education and External Studies and II, she worked as Deputy State Counsel
in the University of Nairobi, he is working (Public Prosecutions Department in 2007,
as an Assistant Registrar, Central she was a Town Clerk in the Municipal
Administration Academic Division in the Council of Migori in the year 1999 to 2001,
University of Nairobi. Rosemary also worked as a Town Clerk in
In his support, in the Municipal Council of Siaya in the year
support of his case, he submitted a copy of 1996 and 1999, she worked as a Deputy
his ID, Curriculum Vitae, Compliance Town Clerk in the Municipal Council of
Certificate from KRA, and Clearance Kitale between 1993 and 1995.
Certificate from Higher Education Loans
Board, Duly filled self declaration form on Rosemary, in support
Leadership and Integrity, Certificate of good of her case, submitted the following: copy of
conduct, Clearance from Credit Reference her ID card, Curriculum Vitae, and
Clearance Certificate from Higher Education
Bureau and dully signed vetting
Loans Board, Duly filled self declaration
questionnaire. In conclusion, the committee
form on Leadership and Integrity, Certificate
found the nominee suitable on the following
of good conduct from CID, Clearance from
grounds:- that he provided all the relevant
documents as required by law, that he has Respective Professional Bodies, Clearance
the academic qualification as exhibited by from Credit Reference Bureau and duly
his Curriculum Vitae and during his oral signed vetting questionnaire form. She did
submissions he stated the same, he has the not submit clearance certificate from KRA
required experience of over 5 years relevant however she sent by email an unsigned
affidavit submitting her correspondence with
to the portfolio he was nominated for, he
KRA. This candidate did, we gave her a go
meets the threshold as exhibited by various
to maybe send us her documents because
clearance certificates from Kenya Revenue
she had stated that she was making a follow
Authority, Credit Reference Bureau, Higher
Education Loans Board and the Police. up with KRA so that she could be cleared.
So we told her that if she could maybe send
The next nominee is us the KRA Clearance Certificate by
Rosemary Atieno Akumu, the committee Saturday noon or Sunday then we will
having considered her curriculum vitae and consider the same.
heard her oral submission during the vetting
exercise made the following observations
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By the time we were and December 2012, she was deployed with
compiling this report, she had not send any the Ministry of Agriculture as a District
instead she sent an affidavit through email Agriculture Officer Nakuru North District
stating that, maybe I don’t want to go from year 2007 to 2012.
through the affidavit because you know In support of her case,
unsigned document is admissible so we she submitted the following, a copy of her
cannot discuss the contents of the same, it ID Card, a Curriculum Vitae, Compliance
was never commissioned and never signed, Certificate from KRA, Clearance Certificate
it had no date so for us we could not use it in from Higher Education Loans Board, Duly
this case. So in conclusion, the candidate filled self declaration form on Leadership
did not submit any clearance certificate from and Integrity, Certificate of good conduct
Kenya Revenue Authority and as such has from CID, Clearance from Credit Reference
not been cleared by the same body. Bureau which she also submitted later we
gave her a go to bring the same and well
She, however, before we compiled the report, as we were
submitted an unsigned affidavit which had writing the report she brought in the same
not been commissioned. She also promised and duly signed vetting questionnaire.
to bring evidence from Kenya Revenue In conclusion, she
Authority indicating that she has complied provided all the required documents as
with her tax obligations by 15 th July 2013 by stated in the law or as provided for under the
noon but by the time of writing this report statutes, the candidate had the academic
that Chairman I have already stated. The qualifications as exhibited by the
decision of the committee is that the Curriculum Vitae and copies of her
candidate is unsuitable due to the fact that academic documents and oral submissions,
we have discussed.
the candidate has the relevant training,
The next nominee is knowledge and experience in the portfolio
Philgona Atieno Ooko, the committee nominated for, she passed the integrity test
having considered her curriculum vitae and as provided for under Chapter Six of the
heard her oral submission during the vetting constitution by providing all the relevant
made the following observations:- that clearance documents from KRA, Police,
Philgona has a Master of Science Degree in Higher Education Loans Board and Credit
Agriculture, Education and Extension, she Reference Bureau, she has the required
has a BSc. Degree in Agriculture and Home, experience in the relevant portfolio of over 5
she attended Mukumu Girls’ High School years as required by law. The committee
for her A levels and Kerugoya Girls’ High found the candidate suitable.
School for O levels, she is the Interim The next candidate is
County Coordinator Agriculture Sector Ezekiel Omwombo Abang’, the committee
Development Programme in Kericho having considered his documents or
County, she worked as a part time lecturer curriculum vitae and heard his oral
at Egerton University between April 2012 submission during the vetting exercise,

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
made the following observations:- that required experience in the relevant portfolio
Ezekiel holds a degree in Law from the of over 5 years as required by law, he
University of Nairobi, Ezekiel went to the convinced the Committee that his
Kenya school of Law and passed his background in Law coupled with his vast
examination, he attended Maranda High experience in Public Service in the various
School for his O levels and Alliance High Ministries in which he served including
School for his A levels, he worked as a Lands, Physical Planning, Survey and
District Officer in Tana River and Lamu Housing was enough for him to handle the
Districts in Coast Province, he has worked docket he was nominated for. Ezekiel was
as a District Magistrate in Lamu, worked as found by the committee to be suitable.
an Assistant Secretary in the Ministry of The next candidate or
Agriculture, he has worked as the Treasury nominee is Stephen Aluoch Kopot, the
Assistant Secretary in the Ministry of committee having considered his curriculum
Finance, Ezekiel was the secretary of Kenya vitae and heard his oral submission during
Law Reforms Commission. the vetting exercise made the following
observations:- that he submitted a letter
He submitted the from the University of Nairobi showing that
following documents; a copy of his ID card, he was student in the Faculty of Law, he did
Curriculum Vitae, Compliance Certificate not provide a Degree Certificate but there
from KRA, Clearance Certificate from was a letter showing the same and in his
Higher Education Loans Board, Duly filled submissions, he explained to the committee
declaration form on Leadership and why he did not have the same, it got lost and
Integrity, Certificate of good conduct from normally the universities give letters so that
CID, Clearance from Respective was a reason enough. He attended St.
Professional Bodies, Clearance from Credit
Mary’s School Yala for his O levels and
Reference Bureau and duly signed vetting Maseno High Schools for his A levels. He
questionnaire. worked with Brooke Bond Kenya Limited as
In conclusion, an Assistant Company Secretary and Legal
Ezekiel provided all the relevant or required Officer in the year 1997 and 1998, he was an
documents as provided for in law, he had the associate and junior partner in Cheboiwo
academic qualifications as exhibited by his and Kasamani advocates that is in Kisumu,
Curriculum Vitae and copies of his he is the proprietor of Kopot & Company
academic documents and oral submissions, Advocates, that is a law firm based in
Ezekiel has the relevant training, knowledge Kisumu, he is the secretary of the Law
and experience in the portfolio he was Society of Kenya, West Kenya precisely.
nominated for, he passed the integrity test as In his support, he
provided for under Chapter Six of the submitted a copy of his ID card, his
constitution by providing all the relevant curriculum Vitae; he also submitted a receipt
clearance documents that includes KRA, for payment of police clearance certificate.
Certificate of good conduct, HELB and He did not provide a Clearance certificate or
Credit Reference Bureau. He has the
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the Clearance of good conduct at that Accounting from the University of Nairobi,
particular time but he provided the receipt he went to Thika High School for his A
meaning that he had already subjected level and Sawagongo High School for his O
himself to be investigated by the police so level, he is a holder of CPA part II, he
that we can know his characters. He had a worked as an Assistant Auditor in the office
Clearance Certificate from Higher Education of Controller and Auditor General between
Loan Board, Duly filled self declaration the years 1979 and 1981.
form on Leadership and Integrity, Practicing He worked as an
certificate for year 2000-2013, a letter from Assistant Auditor, Kenya Tea Development
University of Nairobi confirming that he Authority in the year 1981 and 1982,
was a student in the Faculty of Law and worked as an internal Auditor with
graduated in 1994 with a Bachelor of Law Muhoroni Sugar Company Limited also
degree, Clearance from CRB and d1 uly worked as the Chief Accountant in the same
signed vetting questionnaire. company. In support of his case he
He has not however submitted a copy of his ID Card, Curriculum
submitted a clearance from KRA and he said Vitae, Compliance Certificate from KRA,
he sent a letter confirming, he sent a letter Clearance Certificate from Higher Education
explaining that he was engaging the KRA Loans Board, Clearance certificate from
guys to see if he can be cleared. So in our Ethics And Anti Corruption Commission,
conclusion as a committee, we noted that the certificate of good conduct from CID,
candidate did not submit any clearance clearance from Credit Reference Bureau and
certificate from Kenya Revenue Authority duly filled vetting questionnaire.
and as such has not been cleared by the In conclusion, he
same body. He however submitted an provided all the required documents, and
unsigned affidavit which had not been had the academic qualifications as exhibited
commissioned. The candidate promised to by his Curriculum Vitae and copies of his
bring evidence from Kenya Revenue academic documents and oral submissions,
Authority indicating that he has compiled he has the relevant training, knowledge and
with his tax obligations however just as in experience in the portfolio nominated for, he
the case of Rosemary just as we were passed the integrity test as provided for
compiling the report we did not receive any under Chapter Six of the constitution by
clearance certificate from KRA and in providing all the relevant clearance
conclusion, the candidate was found to be documents from Kenya Revenue Authority,
unsuitable. Police, Higher Education Loans Board and
Our next nominee is Credit Reference Bureau, he has the
Cleophas Okoth Ombogo, the committee required experience in the relevant portfolio
having considered his curriculum vitae and of over 5 years. The committee found the
during the interactive session with the candidate certificate suitable.
nominee we observed the following:- that he
Our next nominee is
holds a Bachelor of Commerce degree in
Salome Sarah Ondego, the committee
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
having considered her curriculum vitae and we had asked for. She has the required
heard her oral submission during the vetting experience in the relevant portfolio of water,
exercise observed that Salome holds a she has experience of over 5 years as
Masters Degree in Business Administration required by law and the committee found
from the United States International her to be suitable.
University, Nairobi, she has a Bachelor of Our last nominee is
Science degree from the University of Vitalis Olunga, the committee taking into
Nairobi, Salome went to Japan for 3 months consideration its findings based on its
in a Lake Water Quality Management previous interaction with the nominee and
Course, she is a Director of Geno considering the documents brought later as
Community Development initiative which is hereto aforementioned the committee
a local NGO based in Bondo District, observed that this is one of the nominees
Salome was the Head of Drinking Water who had been earlier vetted and his name
Quality Surveillance Section in the Ministry was resubmitted back to the Assembly so
of Water and Irrigation between the years the committee did not find it necessary to
1998 and 2003, she was the Head of Raw rivet him but instead advised him to submit
and Portable Water Laboratory Unit in the any relevant documents that perhaps were
Ministry of Agriculture between the years missing or made him not suitable or any
1993 and 1997, she taught Chemistry at information that could maybe make him
Dagoreti Boys High School Nairobi that is suitable this time. The committee observed
in August 1985. And in support of her case that he has submitted a supplementary
she submitted a copy of her ID Card, affidavit in response to a statutory
Curriculum Vitae, Compliance Certificate declaration by Joseph Owino Odhiambo
from KRA, Clearance Certificate from dated 16th June 2013 and he has not
higher Education Loans Board, Clearance submitted CRB Clearance.
certificate from Ethics and Anti Corruption In conclusion, the
Commission, Certificate from of good committee taking into consideration its
conduct from CID, Clearance from Credit findings based on the previous interaction
Reference Bureau. with the candidate, and considering the
In conclusion, the documents brought later as hereto
nominee provided all the required aforementioned observed that he has
documents, the nominee had the academic submitted a supplementary affidavit in
qualifications as exhibited by her response to, in response to the affidavit
Curriculum Vitae and copies of her which he had earlier brought in court, and he
academic documents and oral submissions, has not submitted a Clearance from KRA,
she has the relevant training, knowledge and the candidate has failed to clear his name
experience in the portfolio which she was against allegations which had been leveled
nominated for and she passed the integrity against him through an affidavit from the
test as provided for under Chapter Six of the public in relation to impropriety. And the
constitution by providing all the documents

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
committee considered the above and found were rejected by the committee: - Joseph
the candidate unsuitable. Aketch Donde nominee for Chairman
Mr. Speaker, the County Public Service Board, Ismael Noo
committee recommended, made the Onyango nominee for member County
following recommendations, that pursuant Public Service Board, number three
to Article 179 (2)(b) of the Constitution of Rosemary Atieno Okumu nominee for
Kenya 2010, Section 58(1) of the County member County Public Service Board,
Government Act 2012 and Standing Order number four Stephen Aluoch Kopot
No. 185 (4), the Committee recommends nominee for County Executive member
the following:- that this House approves six Public Administration and Governance,
nominees for appointment by His number five Vitalis Olunga nominee for
Excellency the Governor as members of the County Executive member Tourism
County Public Service Board and members Conservation, Wildlife and Information.
of the County Executive Committee
Mr. Speaker I wish to
respectively:-
The first being state to this House that Siaya as a County is
Charles Otieno Rading’, nominee for rich County in professionals, Mr. Speaker I
Secretary County Public Service Board,
want to congratulate the nominees who have
number two Nicholas Kut Ochogo,
nominee for member, County Service made it to the first list and I wish to maybe
Public Board, number three Philgona tell the people in Siaya County that we are
Atieno Ooko nominee for County
not closing the show, we still have an
Executive member in the docket of
Agriculture, Livestock and Cooperative opportunity, the appointing officer still has
Development, number four Salome Sarah an opportunity of bringing us new names. I
Ondego, nominee for County Executive don’t understand why the appointing officer
member Water and Irrigation, number five
Cleophas Okoth Ombogo nominee for is recycling the names which have been
County Executive member Finance, rejected by the Assembly.
Planning and Vision 2030, Ezekiel I have looked at the
Omwombo Abang’ nominee for County documents which they brought I have not
Executive member Land, Planning, Survey seen anything that could change the minds
and Housing. of the Assembly, of the committee and even
The committee rejects the Assembly. If we wanted, if the
the rejects the nomination of five members candidate had not been cleared by KRA, and
and recommends that the appointing you have not submitted such a certificate,
authority submits the names of other persons what can make, or what can change the
for consideration in accordance with the minds of these honorable members?
Provisions of Section 7(10) of the Public Nothing.
Appointments Act. The following names

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So, I would just wish leaver, a standard five dropout will be
that in future Siaya County has got so many brought to this House.
professionals, Siaya County is the County
where President Obama comes from, this is If the law requires
the County where Honorable Raila Amolo that he has a degree then he will use the
decision that we are making today he will
Odinga comes from, this is the County
say that on the 16th day of July, you passed
where our Speaker heads from, this is the
somebody without a degree. So we are
County where Honorable Kadera Stephen
using that as precedence.
standing on this floor heads from, Mr.
Speaker we cannot say that Siaya County So, for us to set the
cannot get the right people for these dockets. record straight let us stick to law. Let us be
If a person does not have a degree, and if guided by law. I know some people from
you talk about degrees there are several August for some quarters are saying that the
people with degree certificates just lying Assembly and in particular the appointments
around why can’t we consult them call them committee have set the records very high
for interview if they qualify we give them that is one school of thought; another school
the jobs. Why should we stick to somebody of thought is saying that the Assembly is
who we are being told that will be being guided by the law. They are
graduating maybe next year, will be following what the law says, so we have
graduating in December? Are we so broke decided to be part of the second school of
of business? That is not the case, Mr. thought so that we are all guided by what the
Speaker. law says. If the law says that you must have
In support of this five years experience, Mr. Speaker I believe
motion Mr. Speaker, I wish to urge the we have a lot of men and women with the
Honorable members to debate this motion capabilities, with the experience that is
with sobriety and let the Siaya people see needed that can handle, run and manage
the quality of leadership that they are effectively the docket that we are talking
having. They entrusted us with a lot of about here.
respect because we have their hearts at hand. So, for us I think I
Anything that we do here, will count will oppose strongly anything or anybody
tomorrow and any decisions that we make who wants to come and convince me that we
today will haunt us in the whole of our can even pass somebody with a degree or we
lifetime and as we are members of this can pass somebody who does not meet the
Assembly and remember it will be minding threshold as required by the law. Mr.
even to the assemblies that will come after Speaker I beg to move the motion and
us. So we are today making a law, if we support it.
pass anybody here who does not have a
norm then even in 20 years time somebody Hon. Speaker: Secondment.
who will be brought here, even a form four Hon. Madialo: Thank you Mr. Speaker I
stand to second. And I wish to appreciate

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
myself for the able submission by the today shall mature with us and if we plant
Honorable Kadera. I wish to add this Mr. oranges, we will not expect at maturity to
Speaker, that if you took a black cow and harvest mangoes.
you tie it on the rain and place it out for two It is my fear
hours, or even or four hours, that cow will Honorable members and Mr. Speaker permit
not be brown and not there. There is me to express it, it is my sincere fear that
nothing that will render an unqualified anybody who gets onto position with the
person qualified; it doesn’t matter how many authority by way of bending rules will not
times you advertise this person’s name in fear bending them for other unqualified
the newspapers. persons when we did not have control over
how he does it and that is a genuine.
Mr. Speaker, permit If rules are drawn and
me to share with our colleagues the heavy you go through the list everybody who has
heart that we shared in dropping the been passed, who has been interviewed,
honorable Joe Donde but the point was that brought all the documents that were
exceptions cannot be given where the rule is advertised to be required. What criteria
in black and white. Permit me also to share would anybody use to employ you? to
with our colleagues how much we felt that exempt one person from producing the
Stephen Kopot should be allowed a window documents. Would it be fair to the people
to come in. and that is why if you look at who are to go out of their way to maintain
the report we are giving him room to look these documents? And if these documents
for a certificate at KRA, bring it before we were available for collection, to six people
compile the report, the report is not what reason will the other two have for not
compiled yesterday we are compiling it collecting their own?
today, the KRA certificate is not there.
The only conclusion,
I now move to that Mr. Speaker, in my mind would be that
direction Mr. Speaker because I wish to perhaps a document is coming because the
dispel the fear some quarters might have if person who is supposed to produce it knows
there is anybody who wishes to score at least that if it is produced then it might as well go
any of the nominees for reasons that are not against his interest or her interest. Mr.
relevant to the work that we were doing but Speaker I want to conclude by urging that
above all Mr. Speaker my mind tells me to we should look at the larger point and ask
ask the members to have a look at the issue ourselves that why is it that the
that one Mr. Kut Ochogo, Nicholas Kut appointments committee is reminding the
Ochogo. This is a person who came on the appointing authorities that so and so does
second list, look at this man, PhD, Masters, not have a degree? Why is it that candidates
Bachelors, but this man did not make it to are being nominated and presented for
the first list. Confirms that they didn’t have appointment up to the level of reaching the
some applicants who had degrees surely! Assembly ready to be approved and be
Mr. Speaker I wish to point out to sworn in and then it is at the Assembly’s
Honorable members that that which we plant
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
level that we discover, look here this person County Assembly approves the committee’s
has not cleared himself, is there somebody report on nominees for the County
neglecting his work somewhere? Is there Assembly Service Board and members of
somebody who is doing this in the job? County Executive Committee. Debate, yes
Isn’t there somebody Honorable Muhulah.
who is sleeping on his work somewhere? Hon. Muhulah:
And if across the board in a uniform manner Thank you Mr. Speaker, Mr. Speaker this
everybody is coming who doesn’t get afternoon I want to take this chance to bow
surprised that we want this things and may I and congratulate the appointment committee
reveal if you permit me, may I reveal that all Mr. Speaker for a job well done. Indeed,
the documents were being looked for when this time they have a brought as even the
we asked for them. details that tells us the reason why a member
All the documents was either rejected or recommended for
are dated as after the advertisement that they appointment. Mr. Speaker, some of the
should bring them to the appointments people that are here are coming to this
committee which means the person who was House for the second time.
interviewing did not ask for this most
important documents. Mr. Speaker can this I want to pray and
Assembly, although in our oversight role plead with the Honorable members that this
can we condone a sleeping executive? Have is a House of just, this is a House of rules.
we allowed it? Can we close our eyes and That anything that this House will rule even
if it is approving or rejecting the members,
say that the executive should ignore things
we are not doing it because we fear any
that are basic before they execute
person and we are not doing it because we
appointments? And my humble answer
are favoring any person. The constitution is
would be a big no.
So Mr. Speaker I very clear and the County Government Act
would support the motion and urge that we is very clear on appointments. Mr. Speaker
should know and understand that not all jobs what this House sent out today, will be the
will come through this vetting committee. precedence that will be a reference in future.
And the people we give the role, the duty to I will plead with the
members that we are representatives of the
employ, hire and execute policy, execute
entire County Assembly; means that every
projects, execute developments in the
single moment that will helps us to think
County, those people should be people who
that it is the people of West Alego that are
themselves believe in the due process. And a
person who wants to circumvurge due speaking in this House. So Muhulah is not
process, obviously will abuse the power of speaking as an independent. So whatever
his service. It goes without say and that is decision that I will make in this House must
our duty to prevent. Mr. Speaker, I support. only conform with the expectation of the
West Alego people who actually did have
Hon. Speaker: I
faith and presented me to this House to talk
therefore propose the question that this
on their behalf.
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Mr. Speaker, the Hon. Speaker: Yes,
personalities that we are trying to debate Honorable
about today I would argue with my fellow Booker.
member, the Honorable Madialo that there Hon. Minami:
are responsibilities that we are giving them Thank you Mr. Speaker for giving me this
in future. They are not only coming here to chance. Mr. Speaker I am rising or I am
be approved to go and sit in their offices. arising on a point on order to ask is it in
We are having women and men who will order for that Honorable member to
bestow the authority to interpret the policies, insinuate that Honorable members of this
the authority to create those policies and the House are being used by forces outside this
authority to implement what this House has House to perpetuate an agenda that is not
recommended Mr. Speaker. within the requirement of the law of
whatever you are supporting Mr. Speaker is
Mr. Speaker, the CS it in order?
board is going to be mandated to also look at
Hon. Speaker:
the credence and approve from the people Honorable Muhulah can you substantiate?
who are going to be employed to steer the Hon. Muhulah: I am
development programme of this County to a also glad Mr. Speaker, Mr. Speaker I want
success. to respond to the standing order of the
I want every member Honorable member unless he never got my
to have in mind that before we prove this English very well because some members
one Honorable members I pray that let’s be think English is English. I never actually
governed by the principle of Honesty and said that the Honorable members of this
Integrity in when we are executing this House are being pushed or I said that some
mandate that we are being given by the
of the members that we have brought here to
constitution not by a personality. Mr. approve have other forces that are pushing
Speaker we know there are a lot of forces them. I want to substantiate that by saying,
that are opposed and are even pushing their that some, when I stopped Mr. Speaker, you
own interest in this House. We want to tell will realize that I said that some of the
them that besides being also other members that are in this report of the
personalities in the other areas, we are their appointment committee are coming in for
representatives from the wards that they are the second time.
coming in and they have to listen to us and They are coming in
they have to listen to us with reality that with a lot of despise, Mr. Speaker; I can say
whatever we are doing here, we are doing to that with authority. There are some who are
represent their ward as a whole and not them told to go back and bring accreditation and
as a whole. they have again failed and they still have
Hon. Minami: Point their names brought here. I don’t know
of order, sir. what they want Mr. Speaker that they think
that they will have to convince this House if

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constitution will allow to be given this Hon. Oriaro: As I
position in this committee, Mr. Speaker. arise, Mr. Speaker, Sir, I will appeal to the
Hon. Speaker: House to take cognisance of the fact of the
Honorable member it is a point of order that people currently. Msipitani is the new
you use statements to mean these Honorable constitution on order we have in place. One
members of this House. It is equally out of of the prodigal seeds of this constitution is
order to talk about individuals who are not the seed of the devolved government. I am
able to defend themselves in this honorable pleased to say before the House that as we
House. Please continue. stand, that seed has germinated into the
Hon. Muhulah: Mr. County government and here we are as one
Speaker I beg to withdraw. What I want Mr. of its appendages. In that regard Mr.
Speaker is one thing that I said, that the hack Speaker, I want to point out that Siaya
of this County is going to be based on this County and have men and women are well
ladies and gentlemen that we will approve in sound ringing that can only be sent by a
this House to possible steer us for five years productive work by a sound over sighting
Mr. Speaker. Five years Mr. Speaker it is leadership initiative. Mr. Speaker sir we are
not us pardon me it is not the County not here to represent any interests but the
government that will be judged harshly Mr. interest that will be the main to the growth
Speaker, by the people of this County but it of this County as such as embryonic stages
is the County Assembly that is going to be we are at if we do it in the wrong way we
judges harshly because they had the mandate will be doomed, Mr. Speaker, Sir.
Mr. Speaker to approve or disapprove the
So, in short, Mr.
people that are brought to them here to be
Speaker, Sir, mine is to second we know
appointed in the County Service Board and
very well that the secretarial committee that
the County Executive Committee, Mr.
Speaker. has tabled this document before us they are
our key agents and we really had total
I stand here to say confidence in them and we hereby stand to
that one thing Honorable members please I say that, I hereby stand to say that they have
would plead with you let’s have the tried their best, they have tried their best
conscience when it will reach the time that those whom they have rooted out Mr.
we will be approving these ladies and Speaker sir let it remain so. Those who have
gentlemen for the success of this County. it had the chance to claim the leading political
will be determined by this House of just men element in this County government system
and women, Mr. Speaker I beg to support Mr. Speaker sir let us give them the batteries
the report that was submitted by the that they deserve. I rise to second
committee thank you. everything Mr. Speaker sir.
Hon. Speaker:
Honorable Hon. Speaker:
Oriaro! Honorable
Fred!
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Ouda: Thank Hon. Speaker: Honorable Fred.
you Mr. Speaker sir thank you for giving me
the chance to promote or rather to build a Hon. Ouda: Mr.
base provided in this very important debate. Speaker I think my Honorable fellow
Mr. Speaker sir I rise to adopt this document colleague or fellow member was in a hurry
before I concluded why he was rejected. I
but with amendments. I support it but with
was on the same, I was on number two on
amendments and I go on Mr. Speaker sir I
why he was rejected and number two was I
still have one concern that I had in the first
process that is one candidate by the name was going to inform…
Mr. Joseph Aketch Donde. Mr. Speaker, Hon. Speaker: Was
Sir, with due respect, to the committee, this your point number one? You still stand with
is a committee of this House duly elected, it?
appointed actually after vetting and was Hon. Ouda: Yes Mr.
Speaker sir but I can withdraw on behalf of
given a mandate they have done a good job
this House. Number two Mr. Speaker sir
but Mr. Speaker sir, error is to human, and it
was that this man did not produce the
is not wrong to hire someone and it is not
necessary documents that were needed. Mr.
wrong to have an opinion contrary to the
rest, Mr. Speaker, Sir. Speaker sir I have looked at the approach
I agree with them they took on this candidates they brought
they have done a good job but let’s go to everything that was required of them in fact
Mr. Joseph Aketch Donde as one of the one, two, three up to the last one, they go up
to number eleven Mr. Speaker sir. If I am
nominees Mr. Speaker sir. The other
working on an aggregate of 100%, then I
document the first document that was when
would say each document carries nine points
his name brought to this House, the
if I were in that vetting team. So Mr.
complaint was that Mr. Joseph Aketch
Donde was a rude man. Maybe after going Speaker sir before I go anywhere, I want
through prayers Mr. Joseph Aketch Donde you to see that out of the eleven somebody
came back as a humble man. Mr. Speaker produces ten of them which are very vital
sir the conclusion in the other document was when it comes to growth of this County and
Mr. Aketch Donde did not provide the one he produces one with four are
photocopies and maybe the original is not
necessary documents especially the ones
there and then you are thrown out.
mentioned were,
I would even have
An Hon. Member:
given five marks out of the nine to give it at
Point of order Mr. Speaker sir, Mr. Speaker
sir, is it on order for the member to insinuate least if somebody has 90 then plus five is 95
that the first recommendations from the minus four Mr. Speaker sir that is an A you
appointment committee indicated that Mr. have an A mean grade. Now Mr. Speaker
Donde was rejected because he was rude to sir Mr. Aketch Donde is well known more
than any other person in this, okay we are all
the committee? He is misguiding the House,
Mr. Speaker, Sir. honorable members but he is a respected

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
member in this of the society and the humility, that the committee at times Mr.
republic of Kenya. Joseph Aketch Donde sometimes he did not
Mr. Aketch Donde have the time to present the original
has worked with some of the best companies document that you wanted but Mr. Joseph
in this country, Kenya Breweries being one Aketch Donde presented a photocopy of a
of them very prestigious. Intex Expo he has Masters Degree from a renown college or
worked there, Mr. Aketch Donde has gone university in the UK Mr. Speaker sir and I
to school and I want to be very categorical don’t think that is a reason enough to say
given another chance, Mr. Speaker, I will that this person is unsuitable after presenting
produce that evidence in this House, Mr. each and everything, he is not corrupt. This
Speaker, Sir. He has learnt Mr. Speaker sir, man has not stolen, this man has everything,
Mr. Aketch Donde has gone to school with this man has not stolen the tax from the
Professor George Ajuru, he is also the people of the Republic of Kenya, this man is
husband to the Minister of Internal Security straight, never been arrested before, has
South Africa the daughter of the famous Sisi worked in all these companies, he has even
Zulu, Mr. Speaker sir Mr. Joseph Aketch told the committee and the same committee
Donde has some of the most famous people can come to this House with a good report
in this country including the Jok Ajulu back like this one and say we only knocked
in Britain. somebody because we needed accreditation
Mr. Speaker, Sir, this from a certain university in the UK. Which
is the same Joseph Aketch Donde who some maybe could even have taken a month and
of us today sit in this House and this we needed those things here.
republic cherishing and enjoying one of the Mr. Speaker, Sir, I
best papers ever written in the Republic of request fellow members in this House we
Kenya famously known as the Donde Bill. need the brain of somebody like Aketch
By then chairing the Public Accounts Donde in this republic. I request this House
Committee, we have in this House you if at all we need Siaya to move forward, I
cannot be given a committee to chair if you humbly request let us include the name of
have no knowledge in that committee, even Mr. Aketch Donde on this one because I
if you have nothing to do with that know this man has papers and this man
committee and Mr. Speaker sir for the cannot go on TV, Kenyan television saying
National Assembly to honor Mr. Joseph all these things and doing all this things if he
Aketch Donde between 1997 and the year had no papers.
2002, to chair one of the most powerful
committees in that House that is the Public Mr. Speaker, Sir, tell
Accounts Committee, mark you in another me today to write a bill concerning tax and
regime that is deemed to be so unfair to the interest rates. Mr. Speaker, you will get one
citizens of this republic. of the poorest people you have ever seen in
this country. I have no knowledge but
Mr. Speaker, Sir, I
because he has knowledge, this man did
want to say and I want to say with a lot of
such a paper. This man is now working for
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the Rwanda government as a consultant, Mr. (Bell rings)
Speaker, Sir. And we can sit here and say
just because of a single paper that needed Hon. Speaker: So you close the
only a signature that now we are throwing door so the matter before us now is that
out such a person Mr. Speaker sir. Please Honorable Aketch Donde’s name be
included in the list. So will you have
we represent Siaya, members, you represent
nominees ready please, Honorable members
your ward, but please humbly requesting let
as we prepare for that may I put the question
us include this name because we need the….
Thank you Mr. Speaker sir. that will as many as of the opinion of
amendments say “Aye”
Hon. Speaker:
Honorable Fred is that a motion you are Hon. Members: Aye
moving? Hon. Speaker: And will as many as
Hon. Ouda: Yes, of the contrary opinion say nay
Hon. Members: Nay
Mr. Speaker,
Sir. Hon. Speaker: The Noes have it.
So we precede, yes Honorable Elisha.
Hon. Speaker: Who Hon.
is your Okuku: Thank you Mr. Speaker sir for
seconder? giving me this opportunity to participate on
the motion. I stand to support the work that
Hon. Ouda: I shall the Appointed Committee has done on
request Mr. Opiyo to second me. behalf of this Assembly. Mr. Speaker sir
Hon. Speaker: Is he this is Siaya County and Siaya County
ready to second, Honorable Opiyo are you comprises of regions Mr. Speaker sir.
seconding? Hon. Minami: Mr. Speaker, I have
Hon. Aneme: Mr. a point of order.
Speaker, I want to second the mover of the Hon. Speaker: Yes, Honorable
motion that Mr. Joe Aketch Donde’s name Booker.
be included in the list of those approved by Hon. Minami: Mr. Speaker I don’t
this House and I also rise to move that a know if I am the one who don’t understand
decision bell be rang and a question be put the standing orders but I am just wondering
before this House that the name Joe Donde when the decision bell has been rung, is it in
be included in the list of those approved. order for a question of those of either of
Thank you. similar opinion or of contrary opinion to be
Hon. Minami: Mr. asked when the decision bell has already
Speaker, Sir, just a point of order before we been rung when members are waiting to
vote. vote, Mr. Speaker.
Hon. Speaker: An amendment Hon. Speaker: Hon. Booker you
motion has been moved and seconded. We are right it is a technicality issue, may we
are taking a decision that the division bell be proceed.
rang so that we put it to vote.
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Hon. Okuku: Mr. Speaker, I arise the appointment list and by the appointment
to support what the Appointing Team has team of Assembly rejecting some names, I
done on behalf of the Assembly. Mr. also want the committee to advise the
Speaker, Sir, Siaya is a County and Siaya as appointing authority that now they must
a County Mr. Speaker, is not ending today fulfill Article 35 of the constitution, Mr.
where we can rush with names of people Speaker, Sir. Mr. Speaker, Sir, I want you, I
who have not filled or meet obligations that want this House to advise the executive that
has been given to them. Mr. Speaker sir, even if the Honorable members has
Siaya as a County we cannot stand as an compiled a list, or some names that we
Assembly to start qualifying some names in cannot take because of some technicalities,
this Assembly Mr. Speaker sir. We are here it is not their roles, it is not their duties to
to bestow the authority given with us, the start asking us outside there that how did
authority given to us by the constitution of you do it? Where is Mr. so and so? We are
Kenya and to make sure that we obey the not going to accept to glorify some names
constitution of Kenya, Mr. Speaker, Sir. Mr. here. And I think that the constitution of
Speaker, Sir when you look at the Kenya has given us the mandate to protect
appointment authority, which was done by the good will, to protect the rights of the
the executive, you will likely to find that people of Siaya Mr. Speaker sir. I stand,
regional balancing was not made or was not Mr. Speaker, to support the document thank
considered Mr. Speaker. Like in my case you.
where I come from, Yimbo was not Hon. Speaker: Yes, Honorable
considered Mr. Speaker in the appointment Fred.
that my members or my colleagues went Hon. Ouda: Point of order. Mr.
through. Speaker sir is it in order for the Honorable
Probably some names will open member to keep repeating a certain
window for the Imbo community, for the statement because it might be maybe
Imbo people to be considered in this repeating or maybe having as a personal
appointment Mr. Speaker. When you look choice because he said that it is not a duty to
at the constitution of Kenya, Article 27 Mr. glorify some names here and he is repeating
Speaker sir, it talks about the that we are glorifying names here, Mr.
discriminations I want to stand with Speaker sir, I think according to my
authority and say that my people was knowledge we are debating we are not
discriminated by the time the executive was glorifying names here. Is it in order?
doing this appointment. And they did it Hon. Speaker: Honorable Fred it is
against the will of the law of my area. Mr. out of order in the first place to be repetitive,
Speaker sir, when you look at the the intention of repeating the words
constitution Article 35, it talks about all Honorable Elisha please substantiate.
inclusive. Hon. Okuku: Mr. Speaker, Sir,
The Yimbo people was or were not Hon. Member: Honorable member
included in this exercise of appointment on it is on.

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Okuku: Mr. Speaker, Sir, I every name rejected, reason is given why
am not getting it on, Mr. Speaker sir we are one is left out, why one is picked.
not here to glorify some names of Reasons are given and I believe they
individuals Mr. Speaker, even if I am not are adequate reasons. Mr. Speaker, Sir, I
given employment today as a member of find it necessary that we adopt the document
Siaya County, somebody who belongs to and I will call upon my honorable
Siaya saw will get that employment. We colleagues that we close the debate, this is a
cannot keep recycling some names; it seems fine document. This is a fine document the
as if we must take Mr. so and so for appointment and committee has made us
employment, Mr. Speaker. proud. It is in Public domain that Siaya
Hon. Speaker: Honorable the chair County Assembly are doing things right. It
has a feeling that glorifying names is is in public domain that this Assembly are
demeaning, can you withdraw it and very objective in their deliberations are very
continue. objectives in their undertakings. I want to
Hon. Okuku: Mr. Speaker I request my Honorable colleagues let’s be
withdraw. objective.
Hon. Speaker: Thank you. Yes I want to go by saying that one wise
Honorable Agoko. man Mr. Henry Ford who said that coming
Hon. Agoko: Thank you Mr. together is a beginning, we have come
Speaker sir, I rise to support the work done together, and this is the beginning of
by the appointing committee, Mr. Speaker development. This is the beginning of a lot
sir I want to request this Honorable House of achievements we are to make for this
not to vindicate the work done by the County and keeping together is progress and
Appointment committee. Mr. Speaker sir working together is success. Why don’t we
the Appointment Committee has done a keep together, why don’t we work together?
reasonable job, they have done a good job If the appointments committee we have
they have made this House proud and I bestowed them with the mandate to do this
believe as Honorable Madialo said, the work on our behalf, why don’t we support
seeds which we plant today they will mature the work, why don’t we accept the work,
with us. I want to say that if we plant sour why don’t we honor it, why don’t we own
seeds today, we plant bad seeds today we it? Mr. Speaker sir I raise my case by
will reap sour fruits by the time we come out requesting this Honorable House to adopt
of this Assembly. the document.
I want to request my Honorable Hon. Speaker: Honorable members
colleagues, that we adopt this document as it Honorable Agoko is on his feet you cannot
is. Time for other members will come I stand, please go down. Yes, Honorable
want to say Mr. Speaker sir this work to the Kawour.
best of my understanding, was done very Hon. Awour: Thank you Mr.
objectively every reason is given against Speaker, Mr. Speaker I want to thank you
each and every name taken, against each and and your team for the work that you have

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
done, it was a very big task. But you have frame of bringing a single document, I want
done it to your best, it is our mandate as to request my colleagues to open up just this
County Assembly members to debate and issue of certificate of Clearance by the KRA.
where we have seen that there are some This people are dangerous, this people are
issues that should be clarified; it is upon us dangerous I want to share with you one time
as the members of this Assembly to discuss you will be in the same hot soup that some
and support. I would want to defer with my people are in. On that point Mr. Speaker, I
colleagues who are saying that we should want to support the document that you have
leave this for the committee that whatever tabled here and I want to support it with
the committee has come up with we just amendments. That this two people, two
support, we just rubber stamp. I want to personalities whose names I have mentioned
totally Mr. Speaker, disagree with those be given a second chance. And their names
colleagues. be put on the list of nominated or they add
members thank you, Mr. Speaker.
Mr. Speaker, the word unsuitable, Hon. Speaker: Is that an
un is a very small word but it is a lethal amendment motion, who is seconding?
word that some people will lose the job. Hon. Awour: Yes, Mr. Speaker.
Unsuitable and the reasons Mr. Speaker I Hon. Speaker: Who is seconding
want to be specific, I have looked at the you?
document that the committee has gone Hon. Awour: I want to ask
through and I have seen some two names Honorable Booker, Oh! Honorable Were
one, Madam Okumu who was once a clerk yes.
somewhere, I don’t know where she comes Hon. Were: Thank you very much
from Mr. Speaker and we are told in this Mr. Speaker,
report that this Madam Okumu presented
unsigned oath, un-commissioned and I Hon. Speaker: Yes Honorable
believe this is a lawyer, the simple reason is Were, Order! Order! Please, go ahead,
that she had not been cleared by the KRA. Honorable Were.
Mr. Speaker I have seen another one by the Hon. Were: I am here to support
name Stephen Aluoch Kopot, whom you with amendments, I have been on the floor
gave time to come and present the clearance since this debate started. I don’t know
certificate. And in your report it is that he whether you have seen me, it is a bit strange
was supposed to bring it the other day in the that this Assembly what we are doing here
afternoon which he did not. may come out with consequences. You
Mr. Speaker, I want to share with know let us not destroy careers of our
my colleagues that you must be alert if you country men. Building a profession, you
are lucky not to have problems with the know for you to be a profession it takes
KRA then you are a blessed one. This years.
people called KRA personally Mr. Speaker I Hon. Madialo: Order, Order Mr.
have a personal problem with them. So by Speaker.
the time work is done because of the time
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Is it in order for the Honorable Hon. Onduru: Point of order, Mr.
member to insinuate that an opinion Speaker!
expressed on our understanding of the law Hon. Speaker: Yes, Honorable
amounts to attempting to destroy any Onduru!
people’s careers?
Hon. Onduru: I would like to
Hon. Speaker: Honorable Were,
request the Honorable Were to be specific, is
what is your take on that?
he talking about Okumu or Kopot because
Hon. Were: You know my
statement was very nice unless somebody is mixing the two is confusing the members.
becoming rectory because of underlying Hon. Were: I have talked about
engagement. What I wanted to say, to Kopot, Stephen Aluoch Kopot.
become a professional it takes years, Hon. Speaker: He was seconding
Hon. Speaker: Honorable Were a an amendment motion.
Hon. Were: Yeah I am seconding
member has just said that your insinuation
and,
of destruction of career is out of order, what
Hon. Speaker: For inclusion of
is your take? You know it is out of order.
Honorable Were listen, he was seconding an
Hon. Were: You know I was
making an observation amendment motion for inclusion of two
Hon. Speaker: Honorable Were it people, Mr. Kopot and Rosemary. Can you
is out of order you need to accept and please continue and be specific.
proceed. Hon. Were: You know for one to
be a secretary of the Law Society of Kenya,
Hon. Were: Okay I do accept. So I
that eligibility is a ground. For one to have
have looked at Rosemary Atieno Okumu, a
a practicing certificate you must meet all the
lady who has worked in several local
requirements to be a practicing advocate.
authorities, spanning several years and she is
being barred because she did not produce Somebody is telling us that he could not
something from the Kenya Revenue produce a clearance certificate. I don’t
Authority and there is a testimony of intent, know from where because he is already
a testimony of intent showing that level of practicing and he has a letter that gives him
engagement. You know I was looking the room to practice.
Hon. Muhulah: Point of order.
forward that in some few years this County
Hon. Speaker: Yes Honorable
we export labor, but you see now when we
Muhulah.
are sending out a wrong signal, that whoever
Hon. Muhulah: Mr. Speaker is it in
seeks a small job in the County, merely
makes a mistake to be opened up. I have order for a member to come and confuse the
looked at Stephen Aluoch Kopot, you know House because if this person is a practicing
a practicing lawyer, at the moment secretary lawyer, he knows by the statute of the law
of the law society of Kenya, with a letter of that he is supposed to have a certificate of
clearance from Kenya Revenue Authority,
practice that is expiring at the end of this
why can’t he produce in his support Mr.
year.
Speaker? We are not caring here about
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
profession what we are saying here is go to Mr. Kopot and Rosemary. Will as many as
the Kenya Revenue Authority get your of the opinion of the inclusion say Aye
clearance certificate, bring to the Hon. Members: Aye
appointment authority and that is period. So Hon. Members: Will as many as of
tell him I want him to tell the House let him the contrary opinion say Nay?
not concentrate on things that are not Hon. Speaker: The “NAYs” have it
demeaning that the appointment committee proceed. Honorable Kowii.
did not understand what it was supposed to
be doing, Mr. Speaker. Hon. Owii: Thank you very much,
Hon. Were: I have already talked Mr. Speaker, Sir, and honorable members.
about a testimony of intent. Kopot has got a Hon. Speaker: Can we have order
letter showing that he is engaging the Kenya please.
Revenue Authority and you know the Hon. Owii: Mr. Speaker I rise to
support the report that has been tabled here
timeline should not weigh the get in and get
by the appointment committee. One I want
out. These are men and women of this
to say that indeed Honorable members you
County with very enviable record and I am
will share with me Mr. Speaker sir that the
going to sit down ladies and gentlemen and
you look at me straight on the face, Rarieda Appointment Committee is an extension of
has had their peg, Ugenya has had their peg, the Assembly. They were doing this work
Hon. Speaker: Honorable Were the on behalf of the entire Assembly. Mr.
Chair will not allow you to go that direction. Speaker sir the truth of the matter is that a
journey of 17 km also starts with one step. I
Hon. Were: I am just going down.
am really happy Mr. Speaker that up to
Hon. Speaker: No. You want to
today we have reached 12 steps Mr. Speaker
divide this House. We have no Rariedas
we are about to reach the destination of our
here we have no Ugunjas here, what we
have are members of Siaya County. journey which is 17 steps.
Honorable Were if anything, all the wards of What impresses me most is that the
this County are represented here, could you same burden we are carrying it back to the
please finalize. executive to give us some more names of
Hon. Were: Okay, I wanted to ladies and gentlemen that may catch the
eyes of the law not the eyes of the
thank Members of this County Assembly for
appointment committee. Mr. Speaker the
being very inconsiderate as I go and sit
gentlemen who didn’t meet the requirement
down, tomorrow will come but we shall still
that could make them be made successful in
be here because the judge is outside, thank
you. this arrangements had very small little
Hon. Speaker: Honorable things. I believe if at all one says you must
members the two honorable members, one have a degree and the day is today and you
proposed an amendment and the other one might be getting that degree in the month of
December then that is a tonner for you. I
seconded for the inclusion of two nominees
would even decide to resign from that
arrangement, Mr. Speaker.
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
For others I believe it is just like be recycled again and again as long as they
people who were sent home because they will provide what we want because we are
forgot certificates. Somebody forgot that he law makers we are not law breakers. We
was supposed to carry something with him can’t just be here to break laws and you see
to the appointment committee, small, small the ordinary citizen up here what will they
little things. Mr. Speaker you may even think about us if we start breaking laws
remember, this honorable members can today?
remember very well when we were going We have our Acts here County
through the same exercise. We were asked Government Act and we know exactly what
to get almost everything and we did that is these people should provide to bail them out.
why we are here am I not right? And we are saying no not today we can
Hon. Members: Yeah easily forget about those kinds of
Hon. Owii: So I believe if one arrangements and bail them out. I want to
refuses to bring what actually we already request that if these people can be brought
know Mr. Speaker it is like putting a rope in back and they can avail all these that is
his own neck. You may try to help like my requested here, Mr. Speaker, Sir, I shall be
colleagues are trying to help them but I think the first person to stand to support them.
there is still a window. Why don’t you just But in the absence of all that is wanted by
go and tell them hurry and bring, hurry and law, and we are law makers, no it is most
bring these small documents that will help unfortunate. We would only say sorry good
you sail through. friends try again.
It will help them like the gentlemen I want to end by saying that the
that you are talking about being one person executive is doing a very good job that is
actually known in the whole nation like oh! what I want to tell you. We are saying a
sorry that one does not warrant you to fail in student can easily repeat a classroom Mr.
paying tax or to evade tax. Here we are Speaker sir, some of these people are
Honorable members we have no way but to repeating the class for the third time Mr.
pay tax. Even in a small little earning that Speaker sir. And if you find that you are
we get from this House each and every little teaching the same lessons the same time
earning that we have is taxed. So I want to every time you teach the child is not getting
request this honorable House not to take anything out of your teaching Mr. Speaker
even a long time debating even the obvious, the best is to advice. This one is good for
we are seeing that we have done a good job some different arrangements.
today, the other time Mr. Speaker sir we You know when I talk of education,
bailed out six people today we are bailing the kind of arrangements maybe one is
out seven is it six and six plus six is twelve mentally retarded so he cannot be put in a
and we were supposed to bail only normal class with students that are mentally
seventeen. fit. I am not abusing anybody but I am
If we take this, I don’t mind even if saying that if one may repeat the third time
they are recycled how many times let them because we are giving them a chance now

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
and they fail to produce the same Mr. want to congratulate the members who
Speaker sir we will also say that anytime brought in or who proposed some
that their name is brought here we will even amendments to the motion it is within your
if they will bring all the documents the mandatory to do so. Do not feel
fourth time we will say no. Thank you very intimidated; do not feel that you have not
much, Mr. Speaker, sir. succeeded or that you have not won. It is a
Hon. Onduru: Thank you Speaker process and it is one of the processes that
for giving me this opportunity to say a few take place in this Assembly. So you are in
words. First and foremost I would like to order. Mr. Speaker I want to take a very
thank the committee, good job, continue. short time to respond and perhaps if I may
But again Mr. Speaker look at the mood of start by Joe Donde. I am very sympathetic
the House is it telling you enough is to the people of Gem not even the people I
enough? want to be sympathetic to the Gem sub
let’s stop it but then I would like to County.
say I support what my colleagues have said Hon. Minami: Point of order, Mr. Speaker.
because of the following the work which Hon. Speaker: Yes, Honorable Booker!
was done by our able committee, my Hon. Minami: Mr. Speaker, I believe that
colleagues you are very bold I give you a the nominees whom you are talking about
tick for that, courageous another tick but right now are nominees for the County of
above all you followed law and you are law Siaya, so I don’t know if it is in order for the
makers what age do you fear? For that I honorable member to insinuate that certain
thank you very much. Hon. Speaker: people of this County should be
Honorable Members three honorable sympathized or maybe one of those people
members had proposed that we have had who come from their area having been
enough debate I don’t know if that is the unsuitable for the position that he was
feeling of the House? nominated.
Hon. Members: Yes
Hon. Speaker: All is the same.
Hon. Speaker: I want to ask that may as
many as of the opinion say “Aye” Hon. Odinga: Point of order.
Hon. Members: “Aye”
Hon. Speaker: And as many as of the Hon. Speaker: Yes what is your point of
contrary opinion say “NAY”. The “I”s have order about?
it. So then I want to request the mover to
Hon. Odinga: Mr. Speaker, Sir, I think
reply.
Honorable Onduru just said that the mood of
Hon. Adera: Thank you once more Mr.
the House is that we adopt the report and the
Speaker, I wish to register my sincere
mover of the motion what he is required of
congratulations to all the honorable
is maybe to thank the members for the
members in this Assembly. We as the
support they have given to pass the adopting
committee we played our part and I can say
of the document. We don’t need the mover
that you have also done your part. I also

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of the motion to go back into explaining Hon. Adera: I am going to reply.
because we have the document. Hon. Speaker: Honorable Booker, you are
out of order. I know your feeling, the Chair
Hon. Speaker: Honorable Booker you are has ruled Honorable Kadera can you please
right we don’t want situations where we pull continue without sympathizing with Gem
ourselves to sympathies, Honorable Odinga here anymore.
this Honorable member is right to thank the Hon. Adera: Thank you Mr. Speaker I
honorable members in the right way he feels wanted to say Mr. Speaker that that is one
to do it. I also hope he will look and read sub county where very able people come
the mood of the House. Honorable Kadera from and I am sure they have educated their
continue. children and grandchildren who are capable
Hon. Adera: Yes thank you Mr. Speaker of filling such positions.
the problem of rising on points of order Hon. Members: Mr. Speaker, Order!
without or before getting the point. Hon. Speaker: Order order you are all outHon. Speaker: H
Hon. Adera: Mr. Speaker, as I was saying, of order and we have a remedy, Honorable
Mr. Speaker, perhaps the honorable member members listen we are as honorable as we
who stood on a point of order did not get me listen to instructions and we are as
clearly but I hope he will before I conclude. honorable as we are patient with the
Mr. Speaker I want to say this that I don’t directives. Honorable Kadera can you
understand why the executive spends a lot of please reply without mentioning Gem.
money putting adverts on the newspapers Honorable Odinga please sit.
inviting members of the public to apply for Hon. Adera: Thank you Mr. Speaker I will
various positions in this County. We are precede and I will not mention any name.
wasting a lot of money because at the end of Hon. Adera: I humbly withdraw the
the day, at the end of the day we get people statement if it has infringed on anybody
who have not even been invited for the Hon. Speaker: And apologize please.
interviews, they invite the public to apply Hon. Adera: I do apologize. Mr. Speaker,
for jobs but at the back of their minds they that is what democracy entails. Mr. Speaker
already have people whom they feel should I also wish to respond to what one honorable
take positions. Mr. Speaker I was talking member had said that we are damaging
about Gem because Mr. Speaker Gem is one people’s careers. We are not damaging
Sub County where very big personalities anybody’s career in this House if anything
head from. Mr. Speaker Gem is one sub we are building the careers of the young
County where one Omollo Okero heads generation and the generations that will
from. We have Winnie Okwiri, Amos
follow. Mr. Speaker I am very grateful for
Hon. Minami: Mr. Speaker, point of order! the members for the support they have given
Hon. Speaker: Order! Honorable to this motion and hope that in future we
Members, honorable Kadera, can you please will exhibit the same to any other motions
reply without going so much into details. that will come before the floor of this House
thank you, Mr. Speaker.
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Speaker: Thank you I put the Hon. Members: Nay
question that this County Assembly Hon. Speaker: The ayes have it. There
approves the committee’s report on being no other business this Assembly
nominees for County Service Board and stands adjourned till such a time that will be
members of the Executive Committee will communicated to you. The committee
as many as of that opinion say aye. meetings continue and training plans remain
Hon. Members: Aye. on course. Thank you.
Hon. Speaker: And as many as of the
contrary opinion say nay

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesday, 24th July, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

An Hon. Member: Mr. Madam Mary C. Ajwang who has been duly
Speaker, Sir, kindly allow me to introduce nominated by the party, ODM
Hon. Ajwang: I, office of the County Assembly of Siaya.
Ajwang Consolata Mary, do swear that I That I shall diligently discharge my duties
shall always truly and diligently serve the and perform my functions in the said office
people and the Republic of Kenya in the to the best of my judgment that I shall at all

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
times respect, uphold, preserve, protect and this Constitution of the Republic of Kenya.
defend this Constitution of the Republic of And that I shall do right to all manner of
Kenya. And that I shall do right to all persons in accordance with the Constitution
manner of persons in accordance with the of Kenya and the Laws, and the convention
Constitution of Kenya and the Laws, and the of Parliament. That I shall do justice to all,
convention of Parliament. That I shall so help me God.
do justice to all so help me God. A Hon. Member: Thank you Mr.
(applause) Speaker sir. Mr. Speaker, Sir, allow me to
introduce Madam Sylvia Migaya who has
Hon. Adida: Mr. Speaker, been duly nominated by the party of ODM.
may you allow me to introduce Madam Hon. Migaya: I, Sylvia
Anastancia Akinyi Auko who has been duly Migaya Akomo do swear that I shall always
nominated by the ODM party. truly and diligently serve the people and the
Hon. Auko: I Anastancia Republic of Kenya in the office of the
Akinyi Auko do swear that I shall always County Assembly of Siaya. That I shall
truly and diligently serve the people and the diligently discharge my duties and perform
Republic of Kenya in the office of the my functions in the said office to the best of
County Assembly of Siaya. That I shall my judgment. That I shall at all times
diligently discharge my duties and perform respect, uphold, preserve, protect and defend
my functions in the said office to the best of this Constitution of the Republic of Kenya.
my judgement is that I shall at all times And that I shall do right to all manner of
respect, uphold, preserve, protect and defend persons in accordance with the Constitution
this Constitution of the Republic of Kenya. of Kenya and the Laws, and the convention
And that I shall do right to all manner of of Parliament. That I shall do justice to all,
persons in accordance with the Constitution
so help me God.
of Kenya and the Laws, and the convention A Hon. Member: Mr. Speaker
of Parliament. That I shall do justice to all, allow me to introduce Pamela Ngure who is
so, help me God. duly nominated by ODM party.
An Hon. Member: Mr. Speaker, Sir, Hon. Pamela: I, Jane Pamela Ngure,
May I have the honor of introducing Midubi do swear that I shall always truly and
Akinyi Pamela that has been duly nominated diligently serve the people and the Republic
by ODM party. of Kenya in the office of the County
Hon. Akinyi: I Midubi Akinyi Assembly of Siaya. That I shall diligently
Pamela do swear that I shall always truly discharge my duties and perform my
and diligently serve the people and the functions in the said office to the best of my
Republic of Kenya in the office of the judgment. That I shall at all times respect,
County Assembly of Siaya. That I shall uphold, preserve, protect and defend this
diligently discharge my duties and perform Constitution of the Republic of Kenya. And
my functions in the said office to the best of that I shall do right to all manner of persons
my judgement. That I shall at all times in accordance with the Constitution of
respect, uphold, preserve, protect and defend
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Kenya and the Laws, and the convention of Hon. Oriaro: We have here Mr.
Parliament. That I shall do justice to all, so Speaker, on behalf of the Ford Kenya
help me God. colleagues, I on National Vision Party
An Hon. Member: Thank you, Mr. would like to inform that she is on a
Speaker. Allow me to introduce Obondo paternity leave.
Beatrice Awino who is nominated by ODM Hon. Speaker: Thank you
party. mheshimiwa (laughter). Mheshimiwa
Hon. Awino: I, Beatrice Obondo Oriaro if my ears serve me right is she on
Awino do swear that I shall always truly and paternity leave?
diligently serve the people and the Republic Hon. Oriaro: I think irony in
of Kenya in the office of the County language is recognized.
Assembly of Siaya. That I shall diligently
discharge my duties and perform my (laughter)
functions in the said office to the best of my Hon. Speaker: Okay thank you.
judgment. That I shall at all times respect, Proceed please.
uphold, preserve, protect and defend this Hon. Member: Mr. Speaker may
Constitution of the Republic of Kenya. And introduce to you Okello Ochieng Walter
that I shall do right to all manner of persons who has been duly nominated by ODM
in accordance with the Constitution of party.
Kenya and the Laws, and the convention of Hon. Okello: I Okello Ochieng
Parliament. That I shall do justice to all, so Walter do swear that I shall always truly and
help me God. diligently serve the people and the Republic
Hon. Achieng: I, Angeline Achieng of Kenya in the office of the County
Odhiambo do swear that I shall always truly Assembly of Siaya. That I shall diligently
and diligently serve the people and the discharge my duties and perform my
Republic of Kenya in the office of the functions in the said office to the best of my
County Assembly of Siaya. That I shall judgment. That I shall at all times respect,
diligently discharge my duties and perform uphold, preserve, protect and defend this
my functions in the said office to the best of Constitution of the Republic of Kenya. And
my judgment. That I shall at all times that I shall do right to all manner of persons
respect, uphold, preserve, protect and defend in accordance with the Constitution of
this Constitution of the Republic of Kenya. Kenya and the Laws, and the convention of
And that I shall do right to all manner of Parliament. That I shall do justice to all, so
persons in accordance with the Constitution help me God.
of Kenya and the Laws, and the convention An Hon. Member: Honorable
of Parliament. That I shall do justice to all, Speaker may I introduce to you Madam
so help me God. Oketch Adhiambo Margaret from the party
Hon. Speaker: Who are the of ODM.
sponsors? Hon. Oketch: I Margaret Adhiambo
Oketch do swear that I shall always truly
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
and diligently serve the people and the wakilishi wa kaunti ya Siaya. Kwa
Republic of Kenya in the office of the uwaminifu na uwangalifu kwamba
County Assembly of Siaya. That I shall nitatekeleza shughuli na kazi zangu za afisi
diligently discharge my duties and perform hiyo kwa uwangalifu na kwa uwezo wangu
my functions in the said office to the best of wote na kwamba wakati wote nitakapo
my judgment. That I shall at all times itajika nita mshauri Spika wa Kaunti ya
respect, uphold, preserve, protect and defend Siaya kwa uwaminifu na ukweli, na kuwa
this Constitution of the Republic of Kenya. nitatenda haki kwa watu wote. Ewe
And that I shall do right to all manner Mwenyezi Mungu nisaidie.
of persons in accordance with the Hon. Speaker: Honorable members
Constitution of Kenya and the Laws, and the I think the Oath is not the same as the other.
convention of Parliament. That I shall do So I want the Clerk to read again.
justice to all, so help me God. Hon. Akinyi: I, Okwako Akinyi
Hon. Member: Mr. Speaker sir, Sellah, do swear that I shall always truly and
allow me to introduce to you Madam Atieno diligently serve the people and the Republic
Rose Okite who has been nominated of Kenya in the office of the County
by ODM party. Assembly of Siaya. That I shall diligently
Hon. Okite: I, Okite Rose Atieno discharge my duties and perform my
do swear that I shall always truly and functions in the said office to the best of my
diligently serve the people and the Republic judgment. That I shall at all times respect,
of Kenya in the office of the County uphold, preserve, protect and defend this
Assembly of Siaya. That I shall diligently Constitution of the Republic of Kenya. And
discharge my duties and perform my that I shall do right to all manner of persons
functions in the said office to the best of my in accordance with the Constitution of
judgment. That I shall at all times respect, Kenya and the Laws, and the convention of
uphold, preserve, protect and defend this Parliament. That I shall do justice to all, so
Constitution of the Republic of Kenya. And help me God.
that I shall do right to all manner of persons Hon. Member: Mr. Speaker sir
in accordance with the Constitution of allow me to introduce Madam Odima
Kenya and the Laws, and the convention of Margaret Olongo who has been
Parliament. That I shall do justice to all, so nominated by the ODM party.
help me God. Hon. Odongo: I Margaret Odima
A Hon. Member: Mr. Speaker, Sir, Olongo do swear that I shall always truly
kindly allow me to introduce Mama Sellah and diligently serve the people and the
Akinyi Okwako, who has been duly Republic of Kenya in the office of the
nominated by ODM party. County Assembly of Siaya. That I shall
Hon. Akinyi: Mimi, Okwako diligently discharge my duties and perform
Akinyi SeIlah, naapa ya kwamba wakati my functions in the said office to the best of
wote nitawatumikia wakenya na Jamhuhuri my judgment. That I shall at all times
ya Kenya katika afisi ya katibu wa baraza na respect, uphold, preserve, protect and defend

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
this Constitution of the Republic of Kenya. in accordance with the Constitution of
And that I shall do right to all manner of Kenya and the Laws, and the convention of
persons in accordance with the Constitution Parliament. That I shall do justice to all, so
of Kenya and the Laws, and the convention help me God.
of Parliament. That I shall do justice to all, Hon. Member: Mr. Speaker kindly
so help me God. allow me to introduce Madam Otieno Hilda
Hon. Member: Mr. Speaker sir may who has been duly nominated by the party
I have the honor of introducing Madam of ODM.
Zilpha Awino Omondi who has been duly
nominated on ODM party. Hon. Otieno: I Hilda Achieng
Hon. Omondi: I, Zilpha Awino Otieno do swear that I shall always truly and
Omondi do swear that I shall always truly diligently serve the people and the Republic
and diligently serve the people and the of Kenya in the office of the County
Assembly of Siaya. That I shall diligently
Republic of Kenya in the office of the
discharge my duties and perform my
County Assembly of Siaya. That I shall
functions in the said office to the best of my
diligently discharge my duties and perform
judgment. That I shall at all times respect,
my functions in the said office to the best of
my judgment. That I shall at all times uphold, preserve, protect and defend this
respect, uphold, preserve, protect and defend Constitution of the Republic of Kenya. And
this Constitution of the Republic of Kenya. that I shall do right to all manner of persons
And that I shall do right to all manner of in accordance with the Constitution of
Kenya and the Laws, and the convention of
persons in accordance with the Constitution
Parliament. That I shall do justice to all, so
of Kenya and the Laws, and the convention
help me God.
of Parliament. That I shall do justice to all,
A Hon. Member: Mr. Speaker sir
so help me God.
Hon. Member: Mr. Speaker allow allow me to introduce Mr. Asewe Ouko
me to introduce Madam Tereza Akumu Maurey who has been duly
Osore who has been duly nominated by nominated on ODM ticket.
ODM party. Hon. Ouko: I Ouko Maurey
Hon. Osore: I, Tereza Akumu Asewe do swear that I shall always truly and
diligently serve the people and the Republic
Osore do swear that I shall always truly and
of Kenya in the office of the County
diligently serve the people and the Republic
Assembly of Siaya. That I shall diligently
of Kenya in the office of the County
discharge my duties and perform my
Assembly of Siaya. That I shall diligently
discharge my duties and perform my functions in the said office to the best of my
functions in the said office to the best of my judgment. That I shall at all times respect,
judgment. That I shall at all times respect, uphold, preserve, protect and defend this
uphold, preserve, protect and defend this Constitution of the Republic of Kenya. And
that I shall do right to all manner of persons
Constitution of the Republic of Kenya. And
in accordance with the Constitution of
that I shall do right to all manner of persons
Kenya and the Laws, and the
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
convention of Parliament. That I shall do 2. For the new members of the
justice to all, so help me God. Assembly we want to set you free after that
Hon. Member: Mr. Speaker sir I function that you can go do your
have the pleasure to introduce Kezia Atieno celebrations until such a time that we will
Siwa nominee ODM party. communicate to you to meet for orientation
Hon. Atieno: I Kezia Atieno Siwa that will be followed with House Business
do swear that I shall always truly and thereafter. To the honorable members
diligently serve the people and the MCAs, elected honorable members after this
Republic of Kenya in the office of the because as you are all aware we should be
County Assembly of Siaya. That I shall going on recess in the month of August, we
diligently discharge my duties and perform have a matter dispose off, a debate on the
my functions in the said office to the best of nominees, so this House will reconvene at
my judgment. That I shall at all times 2pm for that matter.
respect, uphold, preserve, protect and defend Finally, the committee meetings as
this Constitution of the Republic of Kenya. earlier scheduled will continue in our
And that I shall do right to all manner of Monday meeting at 10am, will continue as
persons in accordance with the Constitution scheduled. This House stands adjourned
of Kenya and the Laws, and the until as communicated.
convention of Parliament. That I shall do
justice to all, so help me God.
Hon. Speaker: Honorable members,
I have a few announcements to make,

1. From here we invite the newly

nominated members of the Assembly for
lunch same to the elected honorable MCAs.
For the nominated members you are advised
to go with two guests each to the Villa,
lunch will be served from 1pm. Member of
the Fourth Estate you are equally invited.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Wednesday, 24th July, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

Hon. Adera: Mr. Speaker, this is a nominees who had been nominated to the
repeat of our earlier report which had been County Public Service Board. Mr. Speaker
tabled and adopted by the Assembly in the on the 16th day of July this year this
course of last week. Mr. Speaker in our Assembly Committee on Appointments
report today, I wish to table the report of the presented to the County Assembly a report
committee on Appointments which is two on various nominees and the list was given
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whereby some names were passed as we know the distance from Siaya to Nairobi
suitable while some were rejected. is a very long distance and we didn’t expect
Mr. Speaker, among the rejected her to travel. Perharps right after we had
names was Rosemary Atieno Okumu and liberated on the report and adopted the same.
Joseph Aketch Donde. Joseph Aketch However the nominee did bring the
Donde had been nominated for the position document indicating that she had complied
of Chairman of the County Public Service with her Tax, the document from
Board while Rosemary Atieno Okumu had KRA and we have it with us. I also wish to
been nominated for the post of Membership produce the same, to table the same before
of the same Board. Mr. Speaker the two this House.
names were rejected due to various reasons: Mr. Speaker, having said so it is my
Joseph Aketch Donde. humble prayer that the grounds on
The main reason why the nominee’s name which the nominees were found to be
was rejected is because he did not have an unsuitable have since been cleared. It is the
accreditation showing or proving that the finding of the committee that the candidates
University where he obtained his second are now suitable and the names be adapted
degree is indeed recognized by the by this House and it is in the
Commission of Higher Education and Mr. recommendation of this committee that this
Donde has since provided the same Assembly does approve and advise the
documents which was forwarded to this Governor that Mr. Joseph Aketch Donde be
Assembly, the letter dated 22nd July 2013, appointed to the office of the Chair of the
Mr. Speaker, I have a copy here with me and County Public Service Board and secondly
I wish to table the same. Mr. Speaker that this Assembly does approve and advise
this is a copy from the Commission of the Governor that Madam Rosemary
Higher Education confirming that the Atieno Okumu be appointed to the office of
University of Greenwich is indeed Member of the County Public Service
recognized by the Commission of Higher Board.
Education. Mr. Speaker secondly the Mr. Speaker, in doing so we would
second nominee or the second candidate in be complying with the law because when
our list today is, going through the vetting process there were
essential things that the committee was
Rosemary Okumu Atieno. looking for; Chapter Six, Academic
The name, the nominee had been rejected on Qualifications and Chapter Six talks about
the ground that she had not complied with things like KRA, HELB, CRB and I can see
her Tax and as I had indicated in this House, that the candidates have tried and I wish to
Mr. Speaker, by the time of compiling our congratulate them for at least honoring our
earlier report she had not provided the same request that they do produce the documents
because she got the letter when she was still otherwise we would not approve them. I
in Nairobi that she had got the document and wish to congratulate the candidates for
she was coming with it. But Mr. Speaker as trying their level best to come with the

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documents, I know they have gone an extra Rosemary is suitable for the office of
mile of leaving other businesses they were Member of the County Public Service
supposed to do or family issues just to go to Board.
Nairobi in various offices in order to obtain Mr. Speaker, may I ask to add that in
the said documents. It is my humble request this the Executive has let us down. We have
that this House approves the two names so been given less than two months to make
that it can be listed under the submission. I this thing. The time between when the
wish to move this motion. Executive was sworn in, the head of the
Hon. Speaker: Who is seconding? Executive was sworn in and now, that time
Hon. Madialo: Mr. Speaker, may I was a bit short to come up with people who
stand to second the Motion. Mr. Speaker, were suitable in the offices. Indeed in those
the County of Siaya is the County of less than two months, Mr. Speaker, we
residence of the part of devolution and the complied with the requirements that we
County of Siaya must be seen to present would use to ascertain this, that the public
candidates to portray an outlook that will participate, we have vetted now the
devolution can succeed and that the vessels third time, we have done our part. Mr.
and citizens of Kenya are handling their Speaker we urge that when we meet and talk
affairs according to the constitution and in with our leaders, and most of the leaders
the best interest of our citizens. And Mr. who enacted the laws that we have
Speaker this involves the reason why this been implementing in the National
Assembly in its wisdom and some people Assembly, and the Senate and even in the
say lack of wisdom and some people in its governorship we should emphasize the fact
wisdom insisted that all requirements in that here we will make that there is
copying assumptions of moves are provided. evidence…of the Executive, we mean it.
When we look at Joe Aketch Donde, We are not joking and we are not going to
after providing his documents as I said beg the Executive. I am saying this because
earlier, finally we got the final one. Mr. Mr. Speaker there is nothing we have dealt
Speaker, I urge that Mr. Joe Aketch Donde here. We asked the Honorable Joe Aketch
be appointed for the Chair of the County Donde to bring us evidence that Greenwich
Public Service Board. Madam Rosemary University is recognized in the United
Okumu was truthful, was sincere, was Kingdom and I believe had he not brought it
honest with us and she explained to us very we would still had refused to clear him.
well, she promised to bring these documents We asked Rosemary Okumu to give
in due time, she was late for one or two us the evidence of Tax Compliance that
hours but she did demonstrate that she is which the Assembly said and she has
Tax Compliant. Mr. Speaker, except for any brought it. And we have gone through it and
other provision whatsoever, we know that this should not be consumed by the
we might put her to restrictions or we may Executive or any other persons who might
intervene as far as the Assembly rules are believe that this is impossible that we cannot
concerned, I urge that the House to find that take any action. We have done this because

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
they have now complied. Mr. Speaker this through them, … I am yet to see a scenario
Assembly would agree with the report where a person who has come to look for a
brought here if we adopted the report and job takes the job and gives you certificates
recommend it to the Governor to endorse later or proves that he is responding later.
these people to the offices. Mr. Speaker, we are saying that we will not
Mr. Speaker, the lastly we must not and we might not do it to
forget to note that the County the Sub Hon. Speaker: Let him please
County of Bondo is not represented in the second the motion, I shall give you time to
County Public Service Board. Mr. Speaker talk.
even on balancing the cardinal requirement Hon. Madialo: We might not wish
of the Constitution, and the importance of to, in the future to bring to us two or three
our league in the County Assembly and the names, there is no time. Mr. Speaker….that
Appointing Committee, it is important for gives us an impression that perhaps there
the committee to advise that the County that might be some people who are entitled to
constitute in the sentence must be taken into cause and it is not allowed….as far as it is
consideration according to the next persons’ noted. Mr. Speaker may I seek to pursued
view nominated. They are still advertising the Assembly that we adopt this report.
and that…perhaps because the person that Hon. Oriaro: Mr. Speaker point of
was not passed by the office has not satisfied order.
the second rule. Mr. Speaker, this is not a Hon. Speaker: Yes what is the
warning and Mr. Speaker, the spirit of that Point of order?
provision is that we might not want to look Hon. Oriaro: Mr. Speaker in spite
at any person who is not from around. of the eloquence, logic and oratory skills in
Who is ….it is that when this report the presentation of this Motion by the mover
was given at the Assembly, Mr. Speaker and the proposer and seconder, the notice
they should have an added mind so that we tabled before us in particular regarding to
should go engage ourselves….that we had the name Rosemary Atieno Okumu lacks the
added somebody from…. Mr. Speaker we authenticity to the kind of post such a person
also added in advance at the Executive that seeks. In the introductory part we are told
next time you go and bring people to us, that such a person seeks the post of the
they should interview them, it is not our Public County Assembly Public Service
work to interview these people. They Board, later on we are told of the County
should bring us people plus the certificates. Public Service Board, so this is what the
It has a reached a situation was and the presentation lacks. So, I seek your
people and we had an agreement in the guidance.
vetting room and we reminded these people Hon. Speaker: Honorable Oriaro
that if you have a degree... So that is how that is in order. May I appeal to this
this programme was by giving them time to committee that I want to believe that is a
go back and bring the certificates to the typo error, as a matter of fact we have not
committee. Mr. Speaker we have gone discussed and we have not even tabled a

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Motion on County Assembly Service Board by the Appointments Committee but with a
Member. Please take it that it is the County disclaimer. However much we may Mr.
Public Service not County Assembly Speaker want to talk on the preoperative of
Service Board. Please, continue. the Executive, I think the whole of the
Hon. Madialo: Thank you Mr. Appointing Committee must also… a stand
Speaker. Mr. Speaker I will urge that the Mr. Speaker, I mean a directive stand Mr.
Deputy Speaker that before I sit down, I Speaker.
emphasize this, that we are committed, It is quite, as much as we are
as we vet a candidate, we expect the passing this document, Mr. Speaker, it is not
candidate to have all the requirements, they an issue that we have to sit in the House
are written in black and white, they are not debating on something that has been rejected
subject of debate and apart from submitting twice and hoping that it is the best place we
those requirements, those documents, we can want to… Mr. Speaker, yes indeed we
shall see if they are suitable and we do not will accept these two nominees to represent
expect the submission of this….. Mr. Siaya County but we wish them to come in
Speaker I beg to support. to the Board not with celebrations that they
Hon. Speaker: I propose the have bitten this House but to know that this
question that this County Assembly House, I will deliberately use the word
approves report of the Committee on favour, favour to give them three chances
Appointment on the nominees in the County Mr. Speaker, to participate in this Board.
Public Service Board. We welcome to And again I want to thank the Appointments
debate. Honorable Oriaro! Committee and also the humbleness that
Hon. Oriaro: Mr. Speaker sir, I am they have displayed and the union that they
in the concurrence that this time round the have in understanding that they must work
nominees before us who have displayed the together with this House Mr. Speaker. But
requisite phrase to providing leadership that again I beg from your Chair let us give a
now stand before them. I only support it very strong indication to the Executive that
only with a little remark that in future the this House will not be intimidated, this
Executive should whole heartedly do try to House will not be harassed.
ensure with all the energies that deserves The ….requires that if you have to
that they off set the shame that this House work with your partner then the
has been made to commune in by bringing collaboration must be there or the mutual
us names that are naturally not naturally but understanding with respect for delivering
by design defective. I support the names services to the accomplished are respected.
presented before us Mr. Speaker sir. Thank That report should be submitted to the
you. Executives. But I want to once again to ask
Hon. Speaker: Honorable Muhula for the purpose of this County, for the
please. purpose of this County of Siaya Government
Hon. Muhula: Thank you Mr. to know that I believe and pray that the
Speaker. I stand to support this submission House will accept this time to pass these two

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names Mr. Speaker for the report to be the first interview and those people decided
inaugurated. I support, Mr. Speaker. to qualify them for these positions without
Hon. Speaker: The tradition now is literally taking interest on what was
to stand, so do you really want to talk? important like the documents that we have
Honorable Jack Odinga. been talking about every time their names
Hon. Odinga: Thank you Mr. brought in here.
Speaker sir for allowing me. I want to say So I want to request that next time
that if …that the report from the we should inform the office of the Governor
Appointment Committee has been submitted or the Executive general that if at all they
by Honorable Madialo and Honorable will bring one person that they have
members of the Assembly We are requesting qualified and fails to give maybe papers
that there could be some documents which are necessary the Appointment
produced by these members… My request is Committee should just decide to disqualify
that we pass these names by the entire that person and such names are not supposed
members. to be brought before us here. Here we are
Hon. Speaker: Honorable Kowii, I just doing politics and personally I don’t
am coming back to you. Honorable Odinga work under pressure, it’s like some
you have proposed that I put the question people are putting too much pressure in this
going by the mood of the House but allow Assembly that if we don’t do this way then
the Chair to give the two to talk Honorable this will be done. Why don’t they tell us
Kowii and Honorable Elisha. It is exactly what will be done if we don’t do it
Honorable Kowii first. the way they want. May be next time, Mr.
Hon. Owii: Thank you very much Speaker, Sir, some of us will try to
Mr. Speaker sir. Mr. Speaker sir maybe let disqualify ourselves to discuss even the
me take this time to support what the obvious, like now some document I think it
members have said. I am questioning is that letter that was wanted, it was being
myself with many questions. There is one circulated as I am talking I have not even
thing that I wanted us to caution ourselves seen it and I am told it was brought to the
that Mr. Speaker sir if there is any body that House. I have not even seen that letter and I
was interviewing these people, we should was supposed to sign. If we are going to do
put the blame on these people. I have never things the way we are doing some people are
seen in my life, I have attended quite a going to succeed.
number of interviews, I have never seen a On the issue of not respecting
situation where you are called for an regional balance, today is gone one month,
interview and you refuse to carry what you and we know in store there is another one
were told to carry and you still expect the month that will come and very soon. So one
same to pass that interview. area will have several members while others
Some of these candidates that we are coming with none at all, so I want to
are discussing today, Mr. Speaker, Sir , it request that maybe in future, in a situation
appears they never carried anything during like this one we would even say this one we

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are no longer discussing. But because I am will be sent back, we must pass this name.
also keen with the mood of the House, we Allow me Mr. Speaker to say that even
are just accepting because we are now tired, though today we are beaten and we pass a
we have heard enough of these people. I certain name, a day like tomorrow will
want to urge my people to accept that Joe come, let those who have been given
Donde let us give him that particular opportunity to work to perform, if they don’t
position and let us see if at all he will give perform to meet the standards of this
due respect to the Assembly that has been County, Mr. Speaker sir we will call them
forced to approve him. back. Allow me to say that the appointing
Hon. Speaker: Thank you authority take in record that the Sub County
Honorable Kowii, Honorable Elisha. of Gem has enough and whoever is sent
[Link]: Mr. Speaker, Sir, away from Gem let him not be assembled
allow me to challenge and persuade myself again now.
to support this document on this particular Hon. Speaker: Honorable Onduru,
day. Because if I look at the mood of the what is the point of order?
House, I don’t want to be a minority in this Hon. Onduru: Is it in
House and I don’t want to receive a sterling order for the honorable Member of this
look in this … Mr. Speaker, Sir, I want to House to say we as members we pass this
support this document with …..Mr. Speaker under pressure? We are not under pressure!
sir and that is why I decided to stand and We make our own decisions.
talk in this House because I want to send a Hon. Speaker:
signal to the Executive this particular Honorable Elisha did you mean that this
evening. House has been passing these Motions under
One, Mr. Speaker sir when I read pressure or is passing this particular under
what the Appointment Committee has pressure?
concluded, they say that Regional balancing Hon. Okuku: The circumstances
should be considered. Mr. Speaker sir, the Mr. Speaker indicates that there is pressure
Sub County of Bondo is not represented in that will cause somebody something
the whole thing and Gem Sub County has Hon. Speaker: Honorable Elisha
enough Mr. Speaker sir because they have from where I stand there is no pressure
big things in this County of Siaya. If they unless it is within you individually, so can
have Donde today as the Chairman, they you please withdraw that this House has
have the County Clerk, they have the pressure.
County Secretary and they have a Hon. Okuku: Mr. Speaker it seems
Ministerial Post also and now it is time to that there is pressure
tell the Executive that it is now enough. Hon. Speaker: That is not what the
May I also ask that how much do we Chair feels. There is no pressure.
owe somebody, how much do the Assembly Hon. Okuku: Mr. Speaker, I
owe that we must pay by …..even if we say withdraw the statement.
no, this will be sent back. If we say no it

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Hon. Speaker: Thank you, please ….upon the County Assembly in
proceed. determining the suitability of the said
Hon. Okuku: Allow me to continue. nominee to ensure as a matter of balance.
They must perform, if they don’t we will Mr. Speaker if we go to part three,
come here back and recall them back Mr. the committee recommends that the
Speaker, Sir. Thank you. Executive should ensure that in future they
Hon. Speaker: Thank you. should not resubmit names of candidates or
Honorable Members I had been asked to nominees who have been rejected and that
read the mood of the House and I differed the Assembly shall not discuss that nominee.
that question and that there is nobody Mr. Speaker, at least to that one now it puts
standing, I don’t want to put the question on a smile on my face because I know for sure
the mood of the House and therefore I want in future this Assembly will never and ever
to ask the mover to reply. allow any rejected name or names to be
Hon. Adera: Thank you Mr. resubmitted back in this Assembly. At least
Speaker. Mr. Speaker this evening I am that one gives me a smile, even the pending
very saddened. I am so sad and as the names, I know there are pending names and
saying says that he who laughs last laughs if they come back I will be the first to read
last. I am sure the Executive today will be them. Mr. Speaker with those few remarks I
laughing last and the last man today will be wish to congratulate Members, I know your
laughing louder than any other person feelings, I do not know the feelings of every
laughing. Mr. Speaker, I want to now individual but I have read the mood of the
Hon. Speaker: Honorable Kadera House and I can say that you pass this list.
are you distancing yourself from your Thank you, Mr. Speaker
Motion? Hon. Speaker: Thank you. I now
Hon. Adera: Mr. Speaker, I am put the question that this County Assembly
supporting my Motion. approves the preferred of Committee on
Hon. Speaker: The Speaker has Appointments on the nominees to the
granted you time, please continue. County Public Service Board. May as many
Hon. Adera: As we pass this list I as are of that opinion say Aye
want to urge the honorable Members to pass Hon. Members: Aye
the Motion as it is but at least I have a smile. Hon. Speaker: May as many as are
Mr. Speaker, if I invite you to the last of the contrary opinion say Nay
paragraph of our report, the last paragraph
Hon. Members: (few) Nays
indicates that in view of the fact that no
demands on regional balance in Hon. Speaker: The Ayes have it.
appointments to Public Office in Honorable Members my words of finality is
nomination, the next and last person to the that I echo the same sentiments that you do.
Board, the Governor be informed of the fact From the Chair, I think …is real from the
Executive that this Assembly has enough
that the Sub County of Bondo is not
Business to transact and none of them is re
represented in the Board and that it would be
sitting on one or two names day after day.
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We will not do that, this is not the spirit of Thank you so much. With that may I say
the Assembly I know of but I can assure you that this Assembly is therefore adjourned
one good thing, we can undo what we have until such a time that will be communicated
done if they do not meet our expectations. to you.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesday, 31st July, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

MOTION Board. Mr. Speaker it’s a great pleasure this

NOMINEES OF THE COUNTY morning that I wish to table the report of the
ASSEMBLY SERVICE BOARD Appointments Committee who did vet three
nominees yesterday and came out with one
Hon. Adera: Mr. Speaker, I rise to single nominee.
move the motion for the approval of Mr. Speaker, before I give the name
nominees of the County Assembly Service of the nominee, I wish to take this House
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through the process that the Appointment committee settled on one name. Mr.
Committee underwent. Mr. Speaker, the Speaker I will settle on the name the
said position is provided under County committee considered, the academic
Government Act Section …..where it is qualifications, the experience and the docket
written that there shall be a County which she was nominated for and again
Assembly Service Board which shall regional balancing. Another factor that the
constitute five persons, the speaker being the committee considered was the gender issue.
Mr. Speaker, it is in the public
knowledge that the committee, the County
Assembly Service Board already has
members and it will be prudent for us to
chair, the leader of majority, leader ….the constitutional requirement of gender
of minority and the secretary of the same balance because it is important we be guided
board shall be the one of the Assembly shall by gender rule and therefore we were
be from the Assembly and the fourth person persuaded to nominate the lady. Not only
comes from outside who shall be nominated that she is a lady but her academic
by the Assembly through an appointment qualifications persuaded the committee to
from the speaker. Mr. Speaker, the same settle on her name. Mr. Speaker, just to be
position was advertised on our dailies and brief the lady in question has vast
we received several applications, about 134 experience and has masters. She was born in
applications for the same position and we Busia, Nambale but married in Alego
constituted through the Appointment Usonga that is in Siaya County, she is a
Committee we constituted a panel which did retired office with the World Bank after
the interview, they did the short listing working for 20 years as a procurement
before interviewing the candidates and officer.
shortlisted 14 applicants after which they The lady has supervised various
were interviewed and came out with names projects in Western Kenya, Uganda, Lesotho
of three nominees which they presented to and Zimbabwe. The lady has worked at the
the Appointments Committee this week on University of Nairobi and she is a
Monday. Mr. Speaker, there were three community developer by profession. She
successful candidates who were shortlisted worked closely with the Ministry of Finance
and their names were presented to the and Central Bank. She is a small scale
Appointments Committee. They include:- farmer, she is a member of several women
groups, and she is also involved in Civic
Mrs. Margaret Aoko Olale
Education in YWCA.
Mr. Sammy Ouma Ojenge
She does monitoring and evaluation
Mr. John Jacob Okong’o
for St. Peter’s Cathedral that is in Siaya.
Mr. Speaker, the three were invited
The lady in question is a representative of
for vetting on the 29th of this month at ATC
women in National Council for Churches in
Siaya and they all appeared before the
Kenya Nyanza region. She is a member of
vetting committee for vetting and the
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the Chamber of Commerce. In her oral the nominations but even after that she
submissions yesterday she did indicate that actually supported the party which she
she was supposed to be a judge yesterday at belonged to.
the Kisumu Agricultural Show but because Mr. Speaker, the panel that came up
of the vetting that was being conducted with the three names was constituted by the
yesterday she had to honor the same and put Appointments Committee and it represented
aside the task that, to be a judge at the the religion, media, disabled, marginalized
Agricultural Show in Kisumu. The lady has among other sectors. The law stipulates that
vast experience on the job and she said that there shall be five members in the panel and
she will ensure that there is regional we managed to get highly qualified citizens
balancing and gender balancing. She will be in Siaya who carried out the vetting, short
available for the work if appointed, if this listing and interviewing and I wish to
Assembly will approve her. She is a good complement the panel for doing quite a good
planner and manager. job.
Mr. Speaker, the lady understands Mr. Speaker, I wish to say that the
the rules and functions of the County panel was headed by a blind lady who was
Assembly Service Board that came out so much exited, she indicated that she has
during our interactions; she exhibited that been having so many meetings, workshops
through the oral interview with her. The and this is the first time that she has been
lady also told the committee if she is given an opportunity to head those who have
appointed she will emphasize on Team visual capacity. She was so happy and I
Building and will undertake programmes wish to congratulate her also for carrying
that will enhance the ideals of parliamentary out a very good work. They were not
democracy. Mr. Speaker, the lady we are influenced by anybody and I wish to
talking about also said she will link up with congratulate them and the board headed by
other organizations like UNDP for the our able speaker because they did indicate
benefit of MCA’s. that throughout their work nobody, no
She will provide facilities to member or nobody from any quarter called
capacity build MCA’s and staff in ICT. She them to give them direction. The decision
will also introduce an Award Programme for that they reached was never influenced by
exceptional performance of officers in order anyone but it was their own independent
to motivate them. When she was working decision.
with the World Bank she got 17 Spot Mr. Speaker, I wish to rest my case
Awards, those are awards given when you by calling upon the members of this
come up with a unique idea then you are Assembly to support this motion so that we
given an award. She has vast experience in can adopt name as already given and this
dealing with politicians, she did indicate that body or this board will be charged with the
she contested for the gubernatorial position affairs of the Assembly, recruitment of staff,
but due to financial constrains she decided deployment, restructuring among other
to drop out of the race. She didn’t make it to things. For us to jump start the activities of

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this Assembly approving this name is very Appointment Committee for the very
vital and paramount for the business of this wonderful job. Listening to the deputy
Assembly to carry on. I wish to rest my speaker submissions on this nominee Mr.
case and call upon members to support this Speaker there are three things that I have
motion. I wish to invite honorable Otieno to been trying to look on this nominee. One is
second the motion. the credentials in terms of academic
Hon. Otieno: Mr. Speaker, Sir, I qualifications. Number two is credentials in
stand to support the motion on the following terms of references of where she had
notion. Mr. Speaker, I do realize that it has worked. Number three in respect of the
taken a long time to have this body in place. constitution by allowing a lady to be
Mr. Speaker you find also a lot of things secretary meeting the threshold of one third
have stagnated in our Assembly, we need to rule of the constitution of the members of
recruit staff Mr. Speaker to make this any committee.
Assembly move. We need deployment to be Mr. Speaker, as you will agree with
done, Mr. Speaker; we need issues like me the first months of the constitution of
health facilities Mr. Speaker for us to this County Assemblies Mr. Speaker it will
identify a health service provider Mr. be demanding for somebody to be there to
Speaker for our members to enjoy these address the issue of capacity building of
services Mr. Speaker. You also realize that which when you heard the deputy speaker
constitutionally it call for every board to be read, this lady has a lot of interesting
in place, Mr. Speaker. relevance to this because one, if we can get
Mr. Speaker, the issue of welfare, the someone who can be able to engage the
issue of allowances that has been on the UNDP directly or World Bank directly I
shoulder of the clerk to address, it has been think that will be another easier way of
very difficult on her side because everybody creating a better relationship for us to forge
will rush to her. Once the board is in place I ahead in terms of sponsorship Mr. Speaker.
think this will now be an easy task for this Again, Mr. Speaker the relevance
Assembly Mr. Speaker to see into it. With that this lady will have is her experience in
those few remarks Mr. Speaker I urge the dealing with management issues and
Assembly to adopt the name of the nominee possibly the personnel through the
who has been brought before the Assembly. interactions that she has had with people
Hon. Speaker: I therefore propose outside or within the work that she has been
the question which is:- engaged Mr. Speaker. I therefore do agree
THAT this County Assembly adopts that this House will the appointment of the
the report from the Committee on nominee into the County Service Board.
Appointments for the nominees to the Mr. Speaker she will be coming with a
County Assembly Service Board. You can wealth of experience and of course in terms
debate. Yes, honorable Muhulah. of advisory and possibly in terms of
Hon. Muhulah: Thank you Mr. initiating of new ideas, Mr. Speaker.
Speaker. I wish to commend the

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I want to praise this House Mr. honorable nominee of the County Assembly
Speaker for standing very firm and guarding Service Board be approved. Thank you, Mr.
themselves from the fears of intimidation Speaker.
Mr. Speaker to be able to deliver a credible Hon. Speaker: I shall put a question
board to this County Assembly Mr. Speaker. if there is no other contribution. Yes,
That one we must give a credit Mr. Speaker honorable Omwende!
to our Appointment Committee which has Hon. Omwende: Thank you Mr.
done a very good and over whelming work. Speaker. I would like to support with
They have refused to submit to the pressure amendments. There is a committee called
from people even outside who are saying Legal Justice Affairs. That committee
that Siaya is late. Mr. Speaker I want this should be given the mandate to go and
House to agree on one thing that however scrutinize the report before bringing to the
much we are late Mr. Speaker but at the end Assembly. It is difficult for that committee
of the day we do what actually will be to survive without being given mandate to
beneficial to this House, Mr. Speaker, let’s go and do the …..because this one am seeing
not fear. that right procedure is not followed Mr.
The same way again I will urge the Speaker. Even the time for the motion to be
honorable members to dedicate the same brought in the Assembly we as the
thing when it comes to appointments of the Assembly members we should be given time
executive committee Mr. Speaker because so that we also know more about the
we are charged with the responsibility of nominees. Mr. Speaker I kindly request for
only doing a good thing for this County future we should be given this list prior so
Assembly. We are not charged to do things that we as the Assembly members we should
to show people outside that we are just know more about nominees. Thank you,
doing things, Mr. Speaker. Mr. Speaker.
We must make a difference that our Hon. Speaker: Thank you so much
activities must bring a good end in terms of honorable Omwende. May I say this, in
achievements we have Mr. Speaker. That terms of procedure we are not out of order,
we must be very able to discharge our duties for appointments we have Appointments
without any cohesion from any corner Mr. Committee that does this and the procedure
Speaker that is why I want to congratulate started with a panel that looked at these, the
and respect the honorable members for applicants, shortlisted the candidates,
having taken their time Mr. Speaker to see interviewed, submitted to the Committee on
that at the end of the day, it’s not the end but Appointments which is a committee of this
that end must be an end that is not House, vetted the candidates and brought it
compromised, at the end there is a lot of before the floor. That is quite in order. For
diligence, a lot of diligence Mr. Speaker that issues of legislation then it will be
will end up giving us competent ladies and mandatory that we through the Justice and
men to serve this County Assembly. Mr. Legal Affairs Committee.
Speaker I stand to support that this

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What is of concern to me is that and I also support and approve and I can see
members do not have a copy of the report. members……why don’t we approve and to
That is really worrying me and I want to other things?
make a decision as a penalty for this. This is
the duty of the secretariat, I would have Hon. Speaker: Honorable
Odhiambo Munda!
preferred even if it is one hour before this
Hon. Munda: Mr. Speaker I want
sitting we have the report with all members
to stand and congratulate you on what you
of this Assembly look at it so that as the
deputy speaker reads or as the chairman have done just now because should know on
presents you are also able to make what we are doing….. I want to
references. Therefore I want to order that congratulate the panel, the Committee on
the head of the secretariat which is the clerk Appointments for the work that they did. I
of the Assembly leaves this House we think they did a good job and from what I
heard from the deputy speaker about the
remain with the assistant clerk as a measure
credentials of madam Margaret, her
that will guide as in future. That when
experience is fine I think we should approve
members come to floor they have to be
and see to it that our Assembly moves
given reports to read in advance. So madam
clerk please the chair orders you out as a forward. Thanks a lot.
penalty for that. Hon. Speaker: Could the mover
Apologies to the members of the reply now that there is nobody to contribute.
Assembly, sometimes we must take action Vice Chairman, please.
Hon. Adera: Thank you Mr.
because we cannot sit without any reports in
Speaker once again. I wish to thank all the
front of your tables and then we are reading.
members for their contributions. Mr.
So honorable Omwende point noted. Any
Speaker just in brief I wish to respond to
other contribution? Yes, mheshimiwa
Onduru. honorable Omwende saying that this report
Hon. Onduru: Mr. Speaker, you passed the Legal and Affairs Committee and
will forgive me, I didn’t start with others. indeed it went through the said committee. I
When I came in I was surprised when people am wondering where honorable Omwende
are approving nominees without even was because the report was discussed by the
same committee and I didn’t see honorable
knowing who the nominees are. I was
Omwende.
wondering when I came in. The action you
Hon. Speaker: Is the chair of that
have taken is really something to commend
committee in this House?
because we cannot be here like
unprofessional people, you approve, you Hon. Adera: The chair is not in Mr.
approve, I think you have done the right Speaker.
thing. In future we should be having Hon. Speaker: The vice chair?
documents and talking to something that you Honorable vice chair was there a meeting
for Justice and Legal Affairs committee
have understood. I also say you have done a
yesterday?
good job, we have been coming very slowly

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Hon. Member: Thank you Mr. and Lawrence Aluru from Gem who
Speaker. The meeting was there. represented the Media.
Hon. Speaker: Okay thank you. Mr. Speaker, the said committee did
Proceed honorable vice chair. a wonderful job and from the report that
Hon. Adera: Thank you once again. they gave us I have already indicated was
Mr. Speaker I wish to repeat what I said perfect and I give them a pat on the back
earlier that the lady who has been nominated and, Mr. Speaker, I stand to support.
for this position has got vast knowledge and Hon. Speaker: Honorable members
experience. Just from the report indicates I therefore put a question which is that this
that she is the right person for the position County Assembly adopts the report of the
and I did forget Mr. Speaker to mention the Committee on Appointment to approve the
names of the people who were in the panel nominee to the County Assembly Service
that did the interview. Board. May as many as of that opinion say
Just to be brief, the chairperson was Aye
Rose Achieng Koweru who comes from Hon. Members: Aye
Rarieda, she is a professional. The lady is a Hon. Speaker: May as many as of
lecturer at the Bondo University. We have the contrary opinion say Nay.
Odeny Salim who represented the Civil Hon. Members: Silence
Society. We have Riphinus Odhiambo from Hon. Speaker: The ayes have it.
Ugenya represented Faith-Based Honorable members there being no other
Organization. We have Millicent A. Pedo business this House stands adjourned until
from Alego Usonga who represented the as will be communicated to you. Thank
marginalized community; she was a member you.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Thursday, 22nd August, 2013

[The Deputy Speaker (Hon. Adera) in the Chair]

PRAYER
have invited two groups of committees, the
Hon. DeputySpeaker (Hon. Adera): PAC and PIC and the Budget Committee.
Yes, Honorable Members, I have the The training will be held on 25th to 28th of
communication and information to pass. August at Jumia Guest House in Kisumu
We have an invitation from Center for and checking in is on 25th on a Sunday. So
Parliamentary Studies and Training. They
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164
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the respective committees you will pick the 2014 in respect of the Department of
letters then you can deliberate upon it. Agriculture.
Hon. Deputy Speaker: We That the sum of Ksh. 36,041,240 be
also have the information from His issued from the County Revenue to meet
Excellency the Governor. He has requested the Recurrent Expenditure during the year
that we do, the Honorable Members do ending 30th of June 2014 in respect of the
accompany him to Kisumu tomorrow in Department of Environment and Natural
solidarity with him for the judgment which Resources. That the sum of Ksh.
will be delivered tomorrow at the Kisumu 26,864,448, be issued from the County
High Court probably by nine, we should be Revenue to meet the Recurrent Expenditure
guided. Thank you. during the year ending 30th June 2014 in
Hon. Deputy Speaker: Yes, respect to the Department of Education,
Honorable Odinga Youth Affairs and Social Development.
Hon. Odinga: Thank you Mr. That the sum of Kshs. 329,107,461, be
Speaker sir. I beg to move the Motion on issued from the County Revenue to meet the
the approval and notification of the amended Recurrent Expenditure during the year
Siaya County Budget Estimates for the ending 30th of June 2014 in respect of the
Financial Year 2013/2014. Mr. Speaker sir, Department of Health Services.
that Pursuant to the provisions of Standing That the sum of Kshs. 78,493,863,
Order number 210, this House resolves to be issued from the County Revenue to meet
amend the following, …. Budget Estimates the Recurrent Expenditure in the year
for Financial Year 2013/2014 that the sum ending 30th of June 2014 in respect of the
of Ksh. 602,444,621, be issued from the Department of Physical Planning and
County Revenue to meet Recurrent Development. That the sum of Kshs.
Expenditure during the Financial Year 17,076,926, be issued from the County
ending 30th of June 2014 in respect of Revenue to meet the Recurrent Expenditure
County Executive. That a sum of Ksh. during the year ending of 30th June 2014 in
682,432,319, be issued from the County respect of the Department of Transport. That
Revenue to meet the Recurrent Expenditure the sum of Kshs. 37,512,568, be issued from
during the year ending 30th of June 2014 in the County Revenue to meet the Recurrent
respect of the County Assembly of Siaya. Expenditure in the year ending 30th of June
That the sum of 379, 097,596, be issued 2014 in respect of the Department of Trade
from the County Revenue to meet the Development.
Recurrent Expenditure in the financial year That the total sum of Kshs.
ending 30th of June 2014 in respect of Public 2,293,191,218, be issued from the County
of Finance and Economic Planning. That Revenue to meet the Total Recurrent
the sum of Ksh, 73, 120,116, be issued from Expenditure to the County Government of
the County Revenue to meet the Recurrent Siaya during the year ending 30th of June
Expenditure in the year ending on 30th June 2014. That the total, that the sum of Ksh.
142,164,000 be issued from the County

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165
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Revenue to meet the Development That the sum of Kshs. 353,500,000,
Expenditure during the year ending 30th be issued from the County Revenue to meet
June 2014 in respect of County Executive. the Development Expenditure during the
That the sum of Ksh. 120 million be year ending 30th of June 2014 in respect of
issued from the County Revenue to meet the Department of Transport. That the sum of
Development Expenditure during the year Ksh. 188,150,000 be issued from the County
ending 30th June 2014 in respect of the Revenue to meet the Development
County Assembly. That the sum of Ksh. Expenditure during the ending year 30th
289,450,000 be issued from the County June 2014 in respect of the Department of
Revenue to meet the Development Trade Development. That the sum of 95
Expenditure during the year 30th of June million be issued from the County Revenue
2014 in respect of Department of to meet the Development Expenditure
Agriculture. That the sum of Kshs. during the year ending 30th of June 2014 in
19,700,000 be issued from the County respect of … That a total of a sum of Kshs.
Revenue to meet the Development 1,832,275,060, be issued from the County
Expenditure during the year ending 30th of Revenue to meet the total Development
June in respect of the Department of Expenditure during the year ending 30th of
Environment and Natural Resources. June 2014 in respect of County Government
That the sum of Kshs. 251,750,000 of Siaya.
be issued from the County Revenue to meet Mr. Speaker, Sir, as you know, the
the Development Expenditure during the basic requisite of any County Government
year ending 30th of June 2014 in respect of or any organization is to provide a Budget.
Development, Communication, Youth As you know our previous Budget had a
Affairs and Social Development. That the deficit of 1.7 billion, and we were advised
sum of Kshs. 164,650,000, be issued from by the Revenue CRA we do our Budget, we
the County Revenue to meet the make amendments so that we take to them a
Development Expenditure during the year balanced Budget. Mr. Speaker sir I want to
ending 30th June 2014 in respect of inform you that this morning we had a
Department of Health Services. That the committee of the whole House and some
sum of Ksh. 49 million be issued from the amendments were made. I want to believe
County Revenue to meet the Development that it is in the spirit of this House that we
Expenditure during the year ending 30th of are behind the schedule. We need to pass
June 2014 in respect of Physical Planning this Budget so that we are able to get
and Development. That the sum of Kshs. funding from the National Government. I
228,911,060, be issued from the County beg to propose and I call upon Honorable
Revenue to meet the Development Peter Muhula to second the Motion. Thank
Expenditure during the ending year 30th you.
June 2014 in respect of Department of Hon. Deputy Speaker:Yes,
Public Works and Services. Honorable
Muhula.

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Muhula: Mr. Speaker, thank planning in their Estimates and
you so much to my Chair who has very Appropriation.
elaborate explanations that we have gathered Mr. Speaker, the reason I say that
towards the Budget Estimates under one is, when we were doing our budgeting
conclusion for the year 2013/2014 physical there was no clear guideline from the
year. Mr. Speaker, we shall recall about a Controller of Budget on whether the County
month or two months ago we went through Government were allowed to have deficit,
the same process of making this Budget, but that is the reason why we assumed and
unfortunately we were not guided very well adopted the 1.7 Budget, which again the
by controller of Budget and also the County Government from the Executive did
Executive. I want to again resolve that the not clearly indicate where actually they were
issue of deficit does not only come into the going to get the 1.7 billion. We insisted
Siaya County. Deficit is something that is many times as the committee of Finance that
very normal in the financial planning. we wanted actually to look at the MOU, that
As at today the Kenya Government possibly the Executive had agreed with the
has it also possibly the tune of 100 billion donors to confirm and have the …that they
but what is possibly happening Mr. Speaker had included 1.7 billion in our Budget then
is that there has been a lot of talk in terms of it was going to … the deficit we were going
resisting the commission. I want to agree to have.
that this could be one of the attempts that the Unfortunately, that one was not
Government, National Government, wants forthcoming. Mr. Speaker there is something
to use in order to micro manage the County I must report to this House, I did attend a
Government. I would qualify this one Mr. symposium, symposium that was organized
Speaker, if the ministries that were by the SCAN and a symposium that was
formulated or the Kenya Government, we organized by…Mr. Speaker. The issue of
have a Ministry for Devolution and indeed deficit was coming out very very clearly and
we have to look into the reason as to why again the issue of expenditure recurrent
this Ministry was created, Mr. Speaker I get having taken the biggest chunk of
no reason. development fund Mr. Speaker, was an area
It was brought in purpose Mr. of concern.
Speaker to oversee the performance of On the same note Mr. Speaker, I
County Government which I get… the want to commend the committee of finance
reason why County Government was and again the Executive through the County
actually brought in. But we want to remind Executive for Finance for having looked at
the National Government that there are 48 the entire Budget Mr. Speaker. And then
Governments in this Country. And all of relocated and possibly reduced that made us
them are the state only that they are intro- to do away with a whole 1.7 billion Mr.
related that not anyone, any Government Speaker that has made us to do our planning
should feel supreme to overlook in terms of on the appropriation and Estimates within
planning and of course also physical the internal funding that we are going to

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167
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
receive. Include plus whatever collections, that at the end of the day Mr. Speaker as
whatever collections that the County elected Members here will stand to stamp
Government was going to generate but that our chests that we did struggle to ensure that
one totals approximately about 4 billion Mr. the lives of Siaya County Members is good
Speaker. Mr. Speaker. I stand here and I beg to
Mr. Speaker, the Government tells us second that this appropriation Mr. Speaker
that we should emphasize more on approve … of amended Siaya County
development. I want again to plead with the Assembly Estimates Mr. Speaker be
Executive through again the Executive accepted. I stand to second Mr. Speaker.
Committee of Finance, that because we Thank you.
would want to constrain ourselves within the Hon. Deputy Speaker: I will
allocation that we are given by the National now propose the question, that the Siaya
Government, we also have to look into County Budget Estimates for the Financial
things like Wage Bill for this County Mr. Year 2013/2014 Act be amended within the
Speaker. Then I will also plead with the report by the Budget Committee to the tune
County Executive for Finance, that we of Ksh. 1,832,275,060 to be issued from the
should reduce and minimize in terms of County Revenue to meet the Development
wastages and we should emphasize more on Expenditure during the year ending 30th of
the priorities that we feel and think we will June 2014 which has been dully tabled
be able to change the lives and improve the before this House and that the said report to
lives of citizens of this Siaya County. Mr. be adopted as part of the Budget Estimates
Speaker the area that are highlighted by the of 2013/2014 financial year.
Chair of the committee Mr. Speaker, the It is now open for debate; anybody
area that we feel are of concern and are with contribution can do the same. Yes
going to change the lives of our people Mr. Honorable Members you know the tradition
Speaker. On this note Mr. Speaker, I beg, I of this House you don’t need to raise your
beg and plead with the Honorable House hands. I will start with Honorable Abayo.
and the Honorable Members that let we pass Okay just reminding you, probably
this because if we cannot pass this Mr. Honorable Abayo before you speak I wish to
Speaker then accessing the funds that we recognize the presence of the Executive
have been allocated may not be very easy, Officer in charge of Finance, Mr. Cleophas
Mr. Speaker. Ombogo, maybe you can just stand up and
So, we have very minimal time, our wave to the Honorable Members. Thank
timeline to resubmit this thing back to the you. Honorable Abayo
Controller of Budget Mr. Speaker is actually Hon. Abayo: Thank you, Mr.
I think possibly it is supposed to be today Speaker. I rise to support this Motion, that
Mr. Speaker if I am not far from truth, latest the report that as laid in this House by the
tomorrow. We need to pass this Budget and chair proposing the amendments be
send it so that we can set the Motion in approved because of the following reasons;
terms of development and all other things Mr. Speaker as it has been highlighted by

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the other Honorable Members, I want to development within the wards Mr. Speaker,
believe that the Budget now presented further funding has been allocated as we
before us has highlighted all the anomalies have said that we are going to have 30
that had been listed in this particular paper. million per ward, this has been increased
We are all aware that this was in and I want to support, I want to thank the
public domain that we had a deficit. I want committee for this report and at the end of
to support this Motion because by this the day Mr. Speaker we will take Siaya
proposal there is no deficit and that Mr. where we expect it to be. Thank you, Mr.
Speaker Siaya County is not going to be or Speaker.
parade its.., it therefore means this Budget Hon. Deputy Speaker:
can balance itself. Secondly Mr. Speaker I Thank you Honorable Abayo. Honorable
also want to recognize that the current Ndonji
Budget as raised before this House is in Hon. Ndonji: Thank you Mr.
compliance with the requirements as now Speaker sir. I first want to start by criticizing
guided by the Controller of Budgets. That this issue of us being given information at
Mr. Speaker, our recurrent expenditure is the last minute, always being told that we
around 55percent and the recurrent and have got to do it and if we don’t do it, we
development at 45. Mr. Speaker I want to submit this, that we are being forced to pass
believe that all Honorable Members are this thing at the last minute without having
aware that this Budget has put forward the gotten proper information of what has been
recurrent stands at 56 and the development Budgeted. I think this one is being done
stands at 45 as far as one minus one Mr. maliciously, and it is in bad taste, it is meant
Speaker is… and I believe this is the to make us rush into making decisions
impression that this particular amendment which means that there is some cover up by
can--- the Executive and that is why, I don’t know
Thirdly, Mr. Speaker, I want to why is it that only for Siaya to have their
appreciate that this Budget has highlighted things being done it is brought on the last
in terms of allocation, the highest allocation minute.
has gone to transport at 343 million So, I want to appeal to the Executive,
followed by the public, followed by that we want to be given enough time
Agriculture at 285 million, Education 251 whenever there is something like this, we
million, Public Works at 229 million, and should be prepared at the right time, so that
Health at 164, with that order Mr. Speaker we have enough time to finish with those
we are talking about 5 pillars of reports. Mr. Speaker sir, going through this
development and with such development, I document, the Budget Estimates and
believe that with this arrangement and we departmental analysis for the financial year
focus in terms of the allocation Siaya should 2013/2014, you will find that when it comes
move to the next level. And lastly, Mr. to item 2110100 which is basic salary for
Speaker I want to support this Motion that in Public Officers, all the Sub Counties apart
terms of equity and equality and in terms of from Ugenya, there are basic salaries for

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
public officers. So I fail to understand if Hon. Deputy Speaker: I
there will be no Public Officers in Ugenya think you better liaise with the Chairman of
Sub County. the committee to perhaps give us an
So, despite the fact that I am explanation later on when he will be
supporting the Budget to go, actually I am responding because personally I don’t think
being forced to support it to go. But I want that explanation is satisfactory. You can
amendments to be made so that we know, I liaise with the Chairman so that when he
wanted an explanation why is it that in will be responding then he can ….Honorable
Ugenya Sub County, there are no salaries for Ndonji.
public officers? Does it mean that they are Hon. Ndonji: Mr. Speaker sir the
not there? Mr. Speaker, Sir, when I also add Honorable Member is misleading the House,
the figures of the Sub County, the other time because I personally come from Ugenya, the
Mr. Speaker there were two Sub Counties Chairman of this committee comes from
that were benefitting much much above Ugenya.
other Sub Counties. Despite the fact that it Hon. Deputy Speaker: I have
has been a bitter better but the trend is still already made a ruling that he will liaise with
going on because when I add up the figures, the chairman. Proceed.
I have realized that in terms of distribution, Hon. Ndonji: So I wanted to say
two Sub counties are going to get a total of that when I was adding up the figures for
331 million. each Sub County, I realized that two Sub
Hon. Muhulah: Point of counties put together are going to get half of
information, Mr. Speaker! the other four Sub Counties put together. So
Hon. Deputy Speaker: Yes Mr. Speaker sir I think that there should be
Honorable Member what information do explanations about this which has not been
you have? done to us up to now. We also …and they
Hon. Muhulah: Mr. Speaker, I always ask why is it that our Sub Counties
have an information to give the Honorable are not getting what other Sub Counties are
Member, possibly he may not be aware that getting.
Ugenya is a new Sub County that did not I understand, Mr. Speaker, Sir, that
have a local government before, so that one there could be issues for equalization, but I
is the reason why probably we do not have a want to give an example of my area.
public officer now. But in future I want to Whereby Abuja was just a bush somewhere
assure you that they will be there. but because they wanted to bring up
Hon. Ndonji: Mr. Speaker, Sir! something, Abuja has been developed and it
Hon. Deputy Speaker: is now the capital city of Nigeria. So I
Honorable Muhulah do you think your wanted us to borrow from that, so that in
explanation is satisfactory? future when Budgets are being prepared, let
Hon. Muhulah: Mr. Speaker us also have in mind that even the people in
sir if is not satisfactory, rural areas are part and parcel of Siaya as a
County. Therefore, there should be no

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
assumption that they don’t need services; people will benefit from it. Thank you, Mr.
they don’t require services that are coming Speaker.
from the Government of Siaya. Thank you, Hon. Deputy Speaker:
Mr. Speaker, Sir. Thank you. Honorable…
Hon. Deputy Speaker: An Hon. Member: Mr. Speaker
Honorable Onduru! thank you. I rise to give my submission of
Hon. Onduru: Thank you, Mr. the approval of amendment of the Budget of
Speaker, Sir. I rise to support the Budget and Siaya County 2013/2014. Mr. Speaker,
I want to start by thanking the committee allow me to say that we are behind the
Members they have...to look into the issues schedule and we want to pass this Budget so
of this County and I also want to thank the that we get finances to our County. We
Honorable Members particularly those who know without finances nothing can move
have risen before me for their contributions Mr. Speaker.
that their inputs were captured in what is Allow me also to say that proper
needed in this document. guidance was not given in the initial stages
I am proposing this when we were doing our Budget which to
because..attention should have been given to some extent is convincing us that somebody
key areas particularly Agriculture, food somewhere is not for Devolution Mr.
security is very important in this County, but Speaker. We now agree Mr. Speaker to
I hope you took care of all the advisory correct it or to redo it so that it passes for
centers etc as far as agriculture center is our people at the County to benefit. Where I
concerned. I also want to say… is the come from Mr. Speaker, in Ugunja Ward, is
Budget adjustment we are going to amend, really worried now that things are not
we need to reserve some of our people. moving and during our campaigns Mr.
I agree entirely, Mr. Speaker, Sir the Speaker, they knew immediately we will
adjustment will address the…of Siaya as far come here life will start changing. So, Mr.
as the required services are conserved. Mr. Speaker, I stand here to let the House or to
Speaker, Sir, I believe also very important convince fellow Members that we pass this
there are two aspects of it, there is the aspect Budget.
of passing the Budget, there is an aspect of Mr. Speaker, I cannot forget to give
implementation, as I rise to support, I think also injury on the same Budget, more so let
that after the adoption and passing of the me take for example Ugunja as a Sub
Budget, the implementation part of it will be County, you see we are the little, we are the
taken to consideration and time limit must Sub County which has been given the very
be taken so that the first funds are released little resources that is in terms of
entirely so that we be taken to the grass root. development, and all that is there. I can also
I am also supporting those of the funds that not forget to say, Mr. Speaker, Ugunja as a
have been given to the wards. This is the Sub County being the minority, in future
grass root and this is the start for should be addressed well, Mr. Speaker, in
development I hope that if implemented, our terms of allocating funds for it.

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I must also say, Mr. Speaker, I am improvement of our markets, the highest
now standing to support it because the core allocation was given to Bondo which was
issue which is agriculture is addressed even about, I think it was about 75 million. And
though the allocation is little but it is the next allocation which was highest was
touched. On health matters it is touched. I Siaya fall in Alego Usonga Sub County.
therefore stand Mr. Speaker to remind the I want to request that when we are
House that as fast as we do it as fast as we starting let others be first amongst equal
pass the Budget we shall improve the lives alright, but the difference should not be that
of the people of Siaya and the entire big margin. This 75, if it is reduced to 50 so
development will be realized in the County that Bondo and Siaya can start at the same
and with that I stand to support, Mr. footing, then we are going to save about 25
Speaker. million which we can put to help us
Hon. Deputy Speaker: purchase six or more ambulances. This is
Thank you. Honorable Kowii my feeling and I don’t know if it goes in
Hon. Owii: Thank you very much, record because it is important when we are
Mr. Speaker, Sir. I rise to support the talking of doing away with some tractors we
implementation of the Budget Estimates, the found we are going to be stuck somewhere,
amendment. Mr. Speaker, Sir, it is too late now we have found a very fertile place here
for us to maybe put our cry for our wards or where we can easily scoop some money, put
our areas and Sub Counties where we come it there, nobody will complain, because they
from because more than several times we never used that money even in the past. So
have talked and this appears as if it is going with the 25 million that we are going to get
to…Mr. Speaker, it is true that the way the from Bondo we will now save our face in
Budget was made this year, given that it was the purchase of these ambulances.
the first Budget in the life of this County I want also to request because if
Government of Siaya, we would actually put you look at our Budget Mr. Speaker, you
some excuse. And it was like a Budget for will find that if you come to environment, it
two sub counties. It was like a Budget for is all Bondo and Alego Usonga. Now we
the Sub County for Alego Usonga and cannot reduce those ones now, it will be too
Bondo. late. I only want to request that where some
I had actually spoken my mind even money was being consolidated, and we were
in the past on the same and I want to put a not actually told exactly where this money is
request here, some amendments should still going to go, we are only told that this one
be there on this particular Budget. More will be for this kind of activity. I want to
particularly when we were here talking request that there should be some million
informally, we were trying to find how we whereby we will know that money that is
would raise some money to purchase consolidated will go for this purpose and
ambulances for our Sub Counties. I looked where.
around, Mr. Speaker, and if what I am If it is meant for education, like
seeing is what is still in the Budget, on the location of trading centers, we now move it

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
directly to the ward where the particular Hon. Owii: I have said that I was
activity will be done. But not just going to support this one with amendment. I
consolidative that one will, you know when wish you told me to sit down kindly, Mr.
you close a window like that, with the Speaker, Sir.
Kenya that we know, it may close till the Hon. Deputy Speaker: Okay
end and other people I am sure even the I am giving you one minute to summarize it.
gentleman in charge of finance is also here Hon. Owii: Thank you, all that I
or in charge of our treasury, that is how our have said is exactly what I had in mind, and
money will find its length out of the I believe if at all we want the Budget that is
functions that they should do into the for the whole of Siaya then it should have
pockets of very few people here. I don’t the face of Siaya. With those few
want to mention because I don’t know amendments I beg to support. Thank you
where the money will go to. very much.
I want to finish by saying that Hon. Deputy Speaker:Thank you.
consideration should be made Mr. Speaker An Hon. Member: Thank you Mr.
sir when we are trimming this Budget to suit Speaker, I also stand to support the
the interest of our office in Nairobi that amendment of the Budget but I have some
someone should be allocated, for the few comments here. I will start by
construction of a slaughter house in Hon. Deputy Speaker:
Madianyi Division that is in Rarienda Sub Honorable Kowii has just raised an issue
County. Because even health does not allow that he would wish to propose
that you can carry meat close to 23 or 25 or anamendment, are you supporting this
27km away or 47 km away because some amendment or you are contributing on your
will be taken to…from where we have a own?
slaughter house, that one will be too far An Hon. Member: I am
actually for us. So I want to request that let contributing.
them trim the Budget at least to allocate Hon. Deputy Speaker: And
even three million for just a construction of therefore Honorable Kowii you have nobody
a slaughter house in Madianyi to cater for to support or second you and therefore your
that wide part of Sub County. amendment cannot withstand.
Hon. Deputy Speaker: A Hon. Member: Thank you,
Honorable are you bringing an amendment Mr. Speaker. …, I am saying that the
or you are contributing? committee has allocated some good money
Hon. Owii: Both, I am doing both. on transport, agriculture, health, education
Hon. Deputy Speaker: and public works and those are the
Honorable Kowii if you have to bring an backbones of the activities of our County. I
amendment then you must table before the think they really did a good job and with
office of the Clerk before we come to the that… stand to support. Thank you.
Assembly. You cannot do it

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Hon. Deputy Speaker: Thank you. the best Budget in this Country. Siaya as a
Honorable County has produced the best Budget
Adida! because if you sat with the executives, they
Hon. Adida: Thank you Mr. reduced, we agreed to reduce the cars that
Speaker. I stand to support the amendment consume quite a lot of fuel to be part of not
regarding our Budget. And my main exceeding two thousand CC and I think this
concern is to say that at least we all know is great. I must thank the Executive and the
that even Rome was not built in a day and entire committee for the good work that has
all those amendments that we are still been done.
requesting for, I think as we said, this is just Mr. Speaker, had we not been
our first Budget and I know we have another brought this issue of bringing in funding of
four years to make our Budgets. And as at the proposed external funding, I think our
now we are aware that the people of Siaya Budget was balanced. It was unfortunate
are tired and they need action. And given that some people brought, snicked in some
the fact that we have been allocated some of the proposed Budgets to be funded by the
money not even little, to start us on. I can donors into the real Budget and gave us this
say that let us move forward and as at now problem of having a deficit. Otherwise the
we support the amendment so that the initial Budget that was done then was
people of Siaya can start to see actions. balanced apart from being that the recurrent
Thank you, Mr. Speaker. and developments were overlapping. So I
Hon. Abayo: Point of order think that also gave us that opportunity to
Hon. Deputy Speaker: Yes, work on the balancing of the recurrent with
Honorable Abayo what is the point of order? the impression of 45 percent and the
Hon. Abayo: Mr. Speaker, as it has development to be 55 percent or vice versa.
been discussed by the Members who support The development to be 45 percent and the
this Motion, I wish to request you Mr. recurrent to be 55 percent. I just wanted to
Speaker to invite the mover of this Motion thank Members and urge the House to
on the floor. support this Motion. Thank you, Mr.
Hon. Deputy Speaker: Speaker.
Honorable Abayo you can’t do that on a Hon. Adera: Thank you
point of order. Honorable Kawuor, any other contribution?
Honorable..will be the last one.
Hon. Awuor: Thank you Mr. An Hon. Member: Thank you Mr.
Speaker for having stopped Honorable Speaker for the opportunity to join the rest
Abayo to move that Motion be replied of the Honorable Members in supporting the
before I contribute. Mr. Speaker I want to approval of this Budget Estimates and as it
just thank the Budget team for the good has as well been captured by the speakers.
work that they have done. I want to Time is of essence here Mr. Speaker to cater
appreciate that…that …and we will come to for our County that the people have been
where we are now. I want to say that this is waiting for development. The only thing I

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can add is it is not …out of our Budget. I Every time that we converge in this our
know…but we must ensure that we exercise House somebody is under pressure to pass
our role, our legislative role, our oversight something or sometimes might even hinder
role in ensuring that every item has been in terms of development. So I will say to
captured and … as Honorable Kowii rightly my colleagues that we should work with
observed some of these things were not time and we should pass that Budget that is
looked at properly. constructive, something that is so tangible to
So, I have said the Budget us, something that we think it is worth to us.
discussions, that we did not have the public And another thing I also have an observation
participation from the youth who I also to make, one, right now maybe it is very
represent in this House but it was explained difficult to,
that the Budget will be captured by the Hon. Muhulah: Point of order Mr.
National Government, However for Siaya to Speaker, could you please prevail upon the
realize the County…we are looking forward Member to understand that there is no any
to recover the dream of industrialization and obligational pressure to pass this Budget but
capture and see exactly how we can be should use his concern with the
industrialized so that we see how equitable understanding that the Budget is good for
we can be and also be able to raise our the Siaya County, Mr. Speaker. Is the
income. I rise to support. Member actually right to say that he is under
Hon. Abayo: Thank you, Mr. pressure to pass this Budget?
Speaker. As I have hinted and you have Hon. Adera: I think the Member
seen that Members have adequately is right because he had already read the
deliberated on this Motion of amendment of concern that materials were not provided
Budget Estimates. I would like to request early in adequate time within the given
Mr. Speaker that you invite the mover of framework.
this Motion to reply. Thank you Hon. Muhulah: Mr. Speaker, is he
Hon. Adera: Yes Honorable under pressure?
Abayo I have noted your concern, it is true Hon. Adera: What he is raising is
the debate has been exhaustive and I wish to true, because he had said that they had not
call upon the mover of the Motion to reply, been provided with materials and therefore
Honorable Odinga please. I am being he has the right to say that materials should
persuaded to jump that I had not seen be brought within time, things should be
Honorable Omwende but kindly allow me to done within the time framework. And
invite Honorable Omwende to contribute therefore Honorable Omwende is right,
before you can reply. Honorable Omwende proceed.
Hon. Omwende: Thank you Hon. Omwende: Thank you
Mr. Speaker sir for that observation. First I Mr. Speaker for giving me that protection.
will say to my colleagues that I understand So I will speak with audibility and power
by talking about the time, that time is bad on thank you for that. Another thing that
us we need to pass this, time is bad on us. maybe we cannot make any change but in

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
future we are not going to issues of what but So, I want to say that there some
we are going to know in terms of things that come, there some conditions that
population. In population because when I are beyond us that we are unable to …I also
was doing some research somewhere I found want to share with Honorable Members
that some wards have got some in terms of …that today after the committee had just
population they are fewer than other wards. done the amendments, that we are heading
So in future me as an Honorable person I to the Executive in charge of finance he told
might even bring a Bill to the Assembly for me that the Government, the National
tabling so that we should go for population Government has gazetted ECD under the
than going for wards. Thank you, Mr. National Government and as now the ECD
Speaker. is funded by the National Government. So
Hon. Adera: Thank you. I now this information we are getting today at
wish to invite Honorable Jack Odinga the around one. So Honorable Members we ask
mover of the Motion to reply. that…and this was done through…number
Hon. Odinga: Thank you Mr. 16, .. Notice number 160.
Speaker sir. First and foremost I want to So, you can imagine …Mr. Speaker,
thank Honorable Members for the Sir, I think one major problem I have
deliberations that they have made for the noticed is that there are two Sub Counties
2013/2014 Budget. I want to sincerely which have got a relatively bigger allocation
thank these Honorable Members and I want to say this, we know that the
because…and there are some concerns that County Government of Siaya we had …so if
are beyond us. For example time factor. for example Alego had the Municipal
Initially when we made the first Budget, we Council and County Council, then definitely
did in time; it was approved by this it goes without say that the total number of
Honorable Assembly by 19th of June 2013. staff within Alego is bigger if compared to a
Now when it comes to the Controller of Sub County where there is only one Town
Budgets,…we were told that there were Council. Same to Bondo, we have Bondo
some amendments that we had to do, that we Town Council and Bondo County Council.
had to come up with a balanced Budget. So in terms of salaries and allocation, it goes
This is why we presented the same so that without say that the two Sub Counties had a
Members would be able... Because also the bigger number of staff. So, even in terms of
Executive in charge of finance was given salaries it has to be higher.
our Budget to go over the 1.7 billion, were That is why you have seen here that
also given the …14 days, which was by the in terms of salaries, their salaries are quite
time when we were in Nairobi. So when we high. Because Alego has a town council,
started working on this thing, we are Bondo has a town council, there is Ugunja
reminded that today is on a Thursday. So I Town Council then Rarieda. Now also
think that this committee did a when we come to development, it is true, I
commendable job, I want to…to make sure can say that it is true that Bondo and Alego
that we meet the deadline. have very high and even…and the reason is

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
these Sub Counties have six wards each. So Okay I will now put the question, that the
if you imagine you can take 30 times 6, Siaya County Appropriation Act 2013 be
Alego would get 180 million. Now a place amended to include the report by the Budget
like Ugunja, sub County of Ugunja only has Committee to the tune of Ksh.
three wards. So, 30 times 3 that will be 90. 1,832,275,060 to be issued from the County
So, I want to say that as much as we Revenue to meet the Development
are trying to rationalize, to agree that we Expenditure during the year ending 30th of
shall have equal amount in every Sub June 2014 which has been dully tabled
County in all the wards, it is practically before this House and that the said report to
impossible because of the numbers. So if be adopted as part of the Budget Estimates,
you go…if you go to Ugenya they are 4, if as part of the Appropriation Act 2013. May
you go to Bondo, I mean Ugunja they are 3. as many as are of the opinion say Aye
So with that it means that the allocations can Hon. Members: Aye
never be the same. To have an equal Hon. Adera: May those of the
amount, all the Sub Counties cannot have contrary opinion say Nay, the Ayes have it.
equal allocations. And Honorable Members there being no
Now, Mr. Speaker, Honorable other Business, I wish to adjourn until the
Kowii was talking about….and I think date which shall be communicated to you.
during our amendments, we said clearly that An Hon. Member: Just a point of
everything that was under the standard information!
Budget we will do away with it. …it is not Hon. Adera:You cannot raise a
there, what is there is the allocation ward by point of information now, perhaps we can
ward. I think those are the major concerns adjourn.
Mr. Speaker sir, and just as I said earlier, An Hon. Member: For the benefit
that regarding all your contributions, I want of this House Mr. Speaker.
to say that this Budget is very important for Hon. Adera:We can adjourn then
the running of this County Government of you can raise that question informally.
Siaya. I want to tell all the Members that a An Hon. Member: Informally Mr.
citizen down there, Atieno down there Speaker? You have ruled halfway. Just one
would like to see a road done, would like to part of what we have proposed. Mr. Speaker
go to school…..allocation of bursaries, so you have not read the Executive, the current
Honorable Members it is through your Executive Mr. Speaker.
wisdom that the 2013/2014 amended Budget Hon. Adera: You know what I did
be passed by this Honorable House. I beg to is to summarize. No, what I did was to
move. Thank you. summarize you know we had, you have
Hon. Adera: Yes thank you heard when the mover was moving the
Honorable Odinga. One point that you Motion he read from, I know there are over
missed is that we are amending, it is now 20 items and because of time, we know
that we are amending the Appropriation Act, those items, we will not read everything
and we are not passing an amendment Act. more or less clarification.

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Hon. Member: Mr. Speaker sir, if expenditure which is 2.2 billion, then we
you may allow me have 1.8, then we have a total of 4.125
Hon. Adera: Okay that is a billion. Now we have to respect our
genuine point. Yes that is a genuine point, it question, I have so many papers before me,
had not been placed before me and I can okay I will now put the question, that the
now see it. I believe we have been debating Siaya County Appropriation Act 2013 be
on the same issues and we do not need to amended to include the report by the Budget
back to that. Yes I only need to put the Committee which has been tabled before
question again that the House do adopt the this House today, that the said report be part
report to include the recurrent expenditure of the Finance of the Appropriation Act
which totals to 2,125,100,439 2013 which had been earlier passed. May as
Hon. Member: Mr. Speaker point many as of the opinion say Aye
of order, the recurrent should be 2 billion,
Mr. Speaker. Hon. Members: Aye
Hon. Adera: Yes let me consult Hon. Adera: May as many as of
with the Clerk. Yes Honorable Members I the contrary opinion say NAY, the ‘I’s have
believe you have these copies with you. it. We are adjourning until the date which
What I was having perhaps did not capture shall be communicated to you anytime.
this. And we have total of the recurrent

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesday, 11th September, 2013

[The Speaker (Hon. Okode) in the Chair]

Hon. Speaker: Honorable Hon. Speaker: Honorable Madialo!

members, I wish to draw your attention to Hon. Madialo: Mr. Speaker sir, I
the following issues: I wish to inform the rise to give notice of motion of the Siaya
Honorable members that members of the County Flag and other Symbols Bill by
County Assembly of Siaya are expected to 2013. Mr. Speaker, I now table the
attend a meeting with the Speaker, member proposed Siaya County Flag and other
of the Speaker’s Forum in Nairobi and that Symbols Bill in 2013.
we are in the process of booking the flights A Hon. Member: Thank you Mr.
and I want to ask the Honorable members to Speaker, Mr. Speaker sir, I want to seek a
liaise with the office of the Clerk and statement of the relevant committee over the
confirm. The meeting is on Saturday and following Mr. Speaker. That this House
the booking will be done. Please confirm if commits that the committee that is in charge
you are going to attend, the departure is on of security Mr. Speaker responds and tells us
Friday at 3 and it is expected that we return as we are here sitting Mr. Speaker of the
on Sunday at 10. status of security of Siaya County Mr.
The departure from Nairobi to Speaker.
Kisumu will be at ten so please confirm with It is just within about 40 days that
the office of the Clerk. Secondly our own Speaker, Mr. Speaker, was stabbed
Honorable members I want also to take this and right now is operating from the hospital
opportunity to thank the members of this Mr. Speaker. It is not the first time that we
Assembly for their participation of raising are hearing about this so I wish the
the occasion of the Swearing in of the committee to respond very soon as possible
Acting Governor, I think it was a good sign Mr. Speaker for the sake of the status of the
of solidarity at that point in time. I also security of Siaya County. Mr. Speaker, I
want to inform you or to remind you that the also want this House to commit the relevant
Siaya County Integrated Development committee to seek the response and know
Fund, meetings are on and I want to thank the status of the Siaya District Hospital Mr.
the members that have participated it is still Speaker on how best it can be resolved
ongoing and I want to appeal to the because from the information that we are
members to be part of that process. Lastly, getting and what we have seen coming out
this is our official sitting, I want also to take from that District Hospital Mr. Speaker are
this opportunity to inform the members that not so much pleasing Mr. Speaker, thank
our acting, our Speaker, Honorable Steven you Mr. Speaker.
Kadera is still in hospital. Reports reaching Hon. Speaker: Yes, Honorable
us from yesterday and even today that our Madialo.
brother is stable, I was personally there
yesterday and he was able to walk without MOTION
any support. With our prayers, all we PUBLICATION PERIOD OF THE COUNTY
believe shall be well. FLAG AND OTHER SYMBOLS BILL OF 2013
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Flag and other Symbols Bill from 14 to 1
Hon. Madialo: Mr. Speaker I rise to day, I therefore put the question, that the
move a motion that pasuant to the provision County Assembly, that the Siaya County
to the Standing Order number 117which is: Assembly Flag Report be reduced from 14
THAT this House resolves to reduce the to 1 day, with as many as of the opinion say
publication period of the County Flag and ‘Aye’
other Symbols Bill of 2013 from 14 to 1
Hon. Members: Aye
day. The Honorable Martin Otieno will
second. Hon. Speaker: May as many as of
Hon. Otieno: Mr. Speaker, Sir, and the contrary opinion say NAY, the ayes have
today I stand to second by unveiling the it. And we open this to debate, Honorable
County Flag, Court of Arm and Seal. Mr. Madialo.
Speaker County Government is a replica of Hon. Madialo: Mr. Speaker I rise to
National Government which needs move that the County Flag and Other
instrument of power to effectively discharge Symbols Bill, County Assembly 2013 be
its duties. Without the said instruments Mr. read for the first time.
Speaker which today we unveil, shall create Clerk: The Siaya County Flag and
uncertainty in the County relations, National other Symbols Bill 2013
Government and International Government. Hon. Speaker: I propose the
Mr. Speaker given the above instruments question that Siaya County Flag and other
shall allow the Siaya County to effectively Symbols Bill County Assembly Bill 2013
discharge its duties and mandate in carrying now be read for the first time. May as many
its activities with due diligence. Siaya has as of the opinion say Aye
stagnated Mr. Speaker since its inception. Hon. Members: Aye
The above instruments have been Hon. Speaker: May as many as of
lacking and hindering our local and global the contrary opinion say NAY, the Ayes
interactions. Mr. Speaker without the above have it. Yes Honorable Madialo
mentioned instruments, County cannot trade Hon. Madialo: Mr. Speaker sir, I
with other counties and other governments. rise to move that the County Flag and other
It is on this basis Mr. Speaker that the above Symbols Bill of the County Assembly Bill
instruments are very important to our of 2013 be read for the second time.
County; I therefore stand barely to support Hon. Speaker: I propose that Siaya
or to second. Thank you, Mr. Speaker. County Flag and other Symbols Bill, County
Hon. Speaker: Thank you, the Assembly Bill of 2013 now be read for the
County Assembly Flag and other symbols second time. I put the question that this Bill,
Bill of 2013 has been proposed and duly the Siaya County Flag and other Symbols
seconded I wish to propose that persons to Bill, County Assembly Bill of 2013 be read
the provisions of the Standing Order that the second time. May as many as of the
this House is going to reduce the publication opinion say ‘Aye’
period of County Assembly, Siaya County Hon. Members: Aye!
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Speaker: May as many as of whole House for a special so I need your
the contrary opinion say NAY, the Ayes’s direction.
have it. Hon. Speaker: I would reply by
Hon. Madialo: Mr. Speaker, saying the time that the Bill needs to be
An Hon. Member: Point of Order, debated on and if there are any amendments
Mr. Speaker! be made and by the end of it I will be able to
Hon. Speaker: Yes! put the question for the second reading and
An Hon. Member: Mr. Speaker, I committing the same to the committee of the
want to ask you to give direction here. That whole House. Then we debate it.
we are reading the Bill for the first time, Hon. Madialo: Mr. Speaker, may I
second time, and also the third time without proceed?
debating it, Mr. Speaker. Is it procedural? Hon. Speaker: Please, go on.
Hon. Speaker: Thank you, you Hon. Madialo: Mr. Speaker this
want to respond or I reply? Assembly is not only…of the Constitution
Hon. Madialo: Mr. Speaker the in Kenya. The Constitution of Kenya was
Honorable Peter Muhula has jumped the implemented to guide this Assembly by way
gun. I was on my feet now to put across the of County Government Act. Mr. Speaker,
debate. permit me to read the relevant provision and
Hon. Speaker: So the debate is this is Section 4 of the County Government
going to resume right away and I want to Act. And it provides that every County shall
call upon Honorable Madialo to proceed. indulge in discretion, prosperity before any
Hon. Madialo: Mr. Speaker sir, as County assembles the County Plan, County
earlier stated by the Honorable Majority Court of Arms and the County Public Seal.
Leader of this House, this is a Bill that And Mr. Speaker the key word there is shall.
should have been there yesterday not today. It is not a say or personal choice. It is
This is a bill that was long overdue from a must that we enact laws that will provide
coming. Mr. Speaker. and prescribe those three instruments. Mr.
Speaker it is also important, it is also very
An Hon. Member: Point of order, important to appreciate that if we were to
Mr. Speaker, take our independent identity, as provided
Sir.
from the Constitution, let the necessity that
Hon. Speaker: Yes,! Honorable we will be able to identify ourselves.
Odinga. Sometimes independent of the symbols of
Hon. Odinga: Thank you Mr. our national state hood because though we
Speaker sir, I just wanted a direction have got 8 governments, the constitution
because once the Bill has been read for a does recognize these governments as a
second time, you being the Chair or the government of its own grown on the soil of
Speaker it is important for you that you the constitutional provision. But, Mr.
leave the seat and it to be committed to the Speaker, that forms the objective of
discipline.

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Mr. Speaker, I wish to call upon the in this County. And this House and
Assembly to appreciate and read together enlightenment of our people who are ready
with me that the fact that the bill we have for this new day, Mr. Speaker the Statunga
that this is a Bill of the Siaya County Flag that was there, they are symbols of registry,
and other Symbols. It is specific to Siaya. It they are symbols of energy, strength and
does not refer to any other County, it does courage. They are symbols that are always
not subject itself to any other County. And looking forward, that is why they face us.
Mr. Speaker we have appreciated also that They are symbols that we intend to put our
this are instruments that we need to protect people towards prosperity. The blue stripe
that we shall register and upon registration, which I owe the privilege, that background
we expect the National Government to offer is symbolic of the fact that we also improve
protection and that is why with much our opportunities in water resources in this
thought and reason, this Bill does prescribe County.
and does provide. Mr. Speaker, the court of arms is the
That we do not have any likeness or official symbol in Siaya County and is made
similarity with the symbols of the National up of the following. It has the piercing
Government and two we had left it in the spears, traditional school, water pass, fish, a
National Government to help us enforce, boat, cotton, millet and two statungas facing
protect and remove sanctions in the event each other and facing us. Mr. Speaker part
that these symbols are breached that three, the public seal of the Siaya County is
anybody who disobeys the rules and a simplified representation of the County
regulations that pertain that these are Court of Arms and it will be applied on all
symbols in my opinion. Mr. Speaker, the official documents of the County. Mr.
schedule to this Bill has at the end the Speaker, we respect the flag, we respect this
County Clerk of Siaya County. court.
Mr. Speaker, this flag is rectangular The bill provides us, Mr. Speaker,
and it has four elements with the fifth one that to display the authority and the
which is more or less an affiliate to the other independence, in the independence as an
four. Mr. Speaker the first on the flag, there entity of the County, our flag shall fly on the
is a shield and this shield Mr. Speaker is official motor vehicle or any other motor
contained in the Court of Arms. And it is a vehicle as long as the occupant is the
symbol of our prosperity, our security, our Governor so the Governor shall fly it, the
justice and the good gift of life that will Deputy Governor shall fly it on his vehicle,
besiege that the County Government of the Speaker of this Assembly shall fly this
Siaya will order for the people of Siaya. Mr. flag on his vehicle, members of the County
Speaker the Court of Arms represents all our Executive committee and Mr. Speaker any
efforts to leadership and commitments to other Senior officer of the County as they
service. Mr. Speaker green part is a symbol carry out by notice in the gazette authorized.
of a new dawn and development in the Mr. Speaker, we provided this for
County and we intend that prosperity thrives this organization because as the House is

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
aware, gazette notices are legal instruments discharge its duties for the County to
and would hire a state to pass through here develop and trade with other counties and
so the Governor may not and will not give other governments. Mr. Speaker as I said
out flags as gifts, it will still pass through the above instruments will now move Siaya
this Assembly. And that is why there is a forward from its earlier stage of stagnance
requirement that it must be gazetted first. and inception of these instruments Mr.
Mr. Speaker we have aligned this Bill and Speaker, that has lacked for several months
cross-referenced it to provide this with the or for the time of its inception that has
Article of Flag Emblame and Names Act. hindered our local trading and global trade,
So there is no contradiction between this is now lifted after the acceptance of the
Bill and the National Flag Emblame and same by the Assembly Mr. Speaker. Mr.
Names Act. Speaker just as I had said that on this basis, I
Mr. Speaker, may I rest my stand to second.
presentation by calling upon members to Hon. Speaker: Yes, Honorable
appreciate the urgency, to appreciate the Muhula.
urgency with which, urgency that is Hon. Muhula: Mr. Speaker, once
required, urgency that is there for enactment again I want to thank this whole House for
of this act. Mr. Speaker if it is not enacted allowing me to thank the dedicated and
within the time we might have to wait for efficient committees of Legal Affairs. By
some time late next year and our contracts adopting these three instruments Mr.
will be subjected to approval and in fact Speaker that one we are marking again a
enforcement by national government very historical moment as the Majority
because then we will have to use the savings Leader has indicated. Mr. Speaker the Court
of the National Government, in the event of Arm Mr. Speaker defines the
that we want to borrow as a County, in the independence of any authority. It gives the
event that we want to contract as a County. authority, the power of security. It gives the
Mr. Speaker, may I rest my presentation by authority the power of justice, it gives the
calling upon the Honorable Otieno to authority the power to control Mr. Speaker.
support it. These instruments Mr. Speaker are what can
Hon. Otieno: Mr. Speaker I rise to make Siaya County be very much
second the Bill. Mr. Speaker just as I had independent from one, the transitional
said, that it is a long overdue issue, and authority and also to place herself in front of
today as the Assembly we are marking a the National Government and we form an
historic moment Mr. Speaker by unveiling institution that can be able to map or charter
the County’s first flag, the Emblame Logo the way forward for Siaya County Mr.
as a seal. Mr. Speaker sir as I had said, Speaker. Mr. Speaker it is from the same
without these instruments, this County law that this thing was not done but
cannot operate its duties effectively Mr. however, we say better late than never.
Speaker. Mr. Speaker, this County needs Now that we have had it Mr. Speaker, it is
these instruments very urgently for us to the time now we start redefining the

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direction that the Siaya County is supposed way that the law requires. I think, Mr.
to go Mr. Speaker. Speaker, that we are delaying, we want to
I want to agree with the people who make history that we are going to have these
actually they decided that the flag be flown, instruments that will enable our County
I want to say Mr. Speaker because the move forward. Mr. Speaker these
covering depicts the way that the Siaya instruments Mr. Speaker are going to make
County supports the following again we the Executive, the Assembly to perform
look at the yellow is a clear path and each their duties with the Executive anywhere
has the very lines that support the following within the County of this country or even
in terms of our aspirations and outside this country, Mr. Speaker. So these
developments, when you look at the two things are very important, Mr. Speaker. Mr.
animals that are portrayed there, an animal Speaker, as I support the motion, I am going
that actually we have in Siaya County, it also to appeal to my colleagues to support
include the fish, it includes again what we this motion, we pass it. As the Chair of the
have in our region, cotton and millet Mr. committee has just said, we are rushing to
Speaker, then of course issues of literacy beat a deadline on which we beat...our
which this County has been very proud of by Assembly as a County we didn’t draft the
giving our sons and daughters with the bill.
limelight of areas of this County, Mr. Mr. Speaker just to inform the
Speaker. House, we were just informed that this Bill
Mr. Speaker, however, with the Bill or this seal or whatever we want to pass here
here is that I am not sure whether Statunga must be taken to the AG’s office for them to
is an English word Mr. Speaker. In that case clarify Mr. Speaker and we are told that the
if it is not, then I would want that this AG’s committee on this court of arm status
document be passed with the amendment whatever, sits only twice or if possible thrice
that Statunga should include open and in a year. And Mr. Speaker this year they
closed so that it is assimilated as English are remaining with only one sitting which
word, we don’t have to use Statunga in this maybe will be on Monday, Tuesday or the
document because it is not an English word next week Mr. Speaker. So if we don’t pass
Mr. Speaker. However I stand Mr. Speaker this thing Mr. Speaker in the soonest time
to support this Bill Mr. Speaker thank you. possible, we might wait up to maybe next
Hon. Speaker: Honorable Booker year for us to be official in terms of
Hon. Minami: Thank you Mr. conducting our businesses as earlier said by
Speaker, Mr. Speaker I rise to support the the Chairman. Mr. Speaker I don’t have
motion Mr. Speaker. First of all Mr. much to say, I just want to appreciate the
Speaker, as the speakers before me have work that has been done in coming up with
said, the bill that we want to pass here Mr. the flag, with the seal and with the court of
Speaker is long gone and for a County such arms Mr. Speaker. Truly they depict what
as ours, a County that prides itself in doing Siaya as a County stands for. So Mr.
things in the right way, in doing things the Speaker as I give my submission, I appeal

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with my colleagues let us support the motion of identifying ourselves is coming up with
so that this County will move on thank you, other court of arms, the Seal, and also the
Mr. Speaker. flag to make us identified.
Hon. Speaker: Honorable Benson! I want also to also recommend as I
An Hon. Member: Thank you very talk that committee did look at those Siaya
much Mr. Speaker sir and I want to say, first as a County and come up with all the items
and foremost, it is my sincere thanks to the that are common within the County
committee of Delegated Legislation and particularly the animals, the school and the
Legal Affairs and the drafters of this Bill for rest. I want to support that if possible, the
they have done a very super job. As other only thing that I would like to bring up as an
members have said, members who stood amendment would be since we have the
before me, it is a momentous period in our book there with the court of arms on the
time because we are making history seal, I think that it would have stood
probably in the entire country as one among complete if we include a pen inside the book
the first counties to have such a bill. So I there to make it complete. That is the only
say thank you very much to the drafters of thing that I would come up with as an
this bill. amendment which can be included in
Secondly, I wish to say that it is or….Mr. Speaker otherwise I stand to
something that was supposed to be done support that motion that we adopt thank you.
maybe some months back but still time is Hon. Speaker: Honorable Oriaro!
not yet out. And I want to urge my fellow Hon. Oriaro: Mr. Speaker sir, in
colleagues that we need to move with haste arising to support the matter before us, I
so that this bill is approved so that we want to have a few lines. Number one, in a
practice or we show the independence of democratically elected government such as
Siaya as a County. so without repetitions, this one of ours, and forward to the delivery
without mixing a lot of words, without of the democratic rules, we need to have two
saying what others have said, I want to beg basis of power. Number one is the majority.
fellow colleagues that this is the opportunity Our government was given the mandate by
that God has brought before us let us the majority, the people that is one of the
approve this Bill so that we move on as a basis of power. The remaining one is
County. Thank you very much. authority, and for us to have the authority,
Hon. Speaker: Honorable Usula we need requisite symbols. One of them is
[Link]: Thank you, Mr. the flag, the Court of Arms, and lastly the
Speaker, Sir; I rise to support the motion. I County Seal.
want to thank the Honorable members of Hon. Odinga: Point of order, Mr.
this committee, for having taken their time Speaker, Sir!
and come up with such commendable work. Hon. Speaker: There is a point of
Siaya as a County among the 47 counties, order Honorable Madialo.
we need to start on and identify ourselves Hon. Odinga: Thank you once
among the 47 counties and the only means again Mr. Speaker sir, Mr. Speaker sir there

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is something which is bothering me. That have been excused for a long time. I tend to
there is a day when I stood on this floor they believe that Mr. Speaker sir you should not
said that I am having a problem in putting bend the law by allowing anybody to be
on my tie and that if I could be allowed just inside this Honorable House not properly
to wear decently, that I can also put on a dressed, Mr. Speaker, Sir. Thank you.
jacket without a tie and I was denied that, I Hon. Speaker: Honorable Ben is
was told that I have to bring a letter from the raising the issue that members should be
medical doctor to prove that I do that. dressed accordingly and I did say that we
Today Mr. Speaker sir some of our will not leave anybody spared. May I put it
Honorable members who received messages to you, on that strength I want to ask the
of attending this Honorable House, Honorable Members who are not well
Assembly today but they are not in a good dressed that you take this opportunity to
attire. So I don’t know Mr. Speaker sir leave the House and I want to ask Honorable
whether the floor of this House it only cuts Oriaro to continue with the submission?
on me, or it is going on, it does not occur to Hon. Oriaro: Thank you Mr.
the others. Speaker sir, my adrenaline was high so it
Hon. Speaker: Thank you would force me in a task manner go through
Honorable Odinga, and I think it has been that I have talked about. I was saying Mr.
raised. Honorable members, there is a code Speaker sir, in my rise to support the matter
of dressing that is expected in this House with the business before us, I was saying
and it is expected of all the members need to that in forward the delivery of the
adhere to that. Both ladies and gentlemen, it democratic rules we need to have a
is important and I want to plead with this legitimate government that we now have and
House that today that we are marking as you the basis in the exercise of power we’ve got
have said, a historic moment that we are two levels of it, that of the genesis of power.
moving a first bill, substantive bill in this One, is the majority, we were duly elected
Assembly. Honorable members if you allow so we have got the power of the people
me to ask that the members who are not well before us and what is remaining is the
dressed today will spare and remain in the requisite symbols, the Flag, the Court of
House. Yes, Honorable Ben! Arms and the public Seal. Today we have to
Hon. Madialo: Mr. Speaker, I was completely feel the void of power by having
speaking, I was on the Floor, Mr. Speaker. the Court of Arms.
Hon. Speaker: It is a point of order! These symbols will now make our
Hon. Omondi: Thank you Mr. government to exhibit authority. We have
Speaker sir, Mr. Speaker sir I think the law the majority, it is only the authority that was
is very clear, we are not supposed to be working. So, I arise to support the matter
breaking a law and making another law. before us and especially so in observing
Everybody here is aware of the dressing matters of development the others of great
code and Mr. Speaker sir people if we have land is the greatest facility for public
been exempted for a very long time and we exploitation for us to grow and develop.

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The Statunga we are having is a landmark in well. You had pleaded with the floor to
the wet lands just as it was various make considerations that today is a very
expressed by the mover of the motion, the good day for all of us and the kind of issues
Statunga will exhibit all that will make us that we want to address are important to all
unique and intrinsic and more so that they of us. Some of us came without even
come from my ward, my ward will be on the receiving the invitation for the meeting.
Google map. So, Mr. Speaker, Sir, I support Hon. Member: Point of order, Mr.
with except a member raised a question of a Speaker.
review, the word Statunga, in Biological Hon. Speaker: Yes, Honorable
Science, we have what we refer to as the Ndonji, Honorable Kowii, you may be
binomial nomenclature. seated.
A system of giving an animal two Hon. Ndonji: Thank you, Mr.
names, the genus and the species, I would Speaker sir, the argument advanced by the
wish to inform the Member that such words Honorable member even has no weight to
are not necessarily English, they are Latin, the reason why we should be properly
Greek etc. So if it is with the problem to do dressed, because when we have important
with Statunga, we can use the English word issues that is when we should be properly
Wind bucks, thank you, Mr. Speaker. dressed. Secondly Mr. Speaker sir, I think
Hon. Speaker: Thank you, I want the law is not that when we have these
to inform before the order is raised, I wish to meetings, the law is that whenever we are at
remind the members who are not decently the proceedings of the Assembly, we should
dressed that don’t allow me to reach at the be properly dressed Mr. Speaker sir. Thank
point that I call upon the Sergeant at Arms you Mr. Speaker, Sir.
to remind you that you are not well dressed Hon. Speaker: Thank you,
according to the dress code. Honorable Ndonji and I wish to remind you
Honorable…yes, I said I would not want to that the committee of the Speaker has
ask the Sergeant at Arms. Sergeant at Arms directed that those who are not well dressed
I would want to call upon you to remind should leave and that is therefore sustained.
them. Kindly remind those who are not well I wish to remind the House that I would also
dressed to leave the House and they dress be able to confirm with the Clerk that we
accordingly. With that I call upon the have the forum and we shall continue with
Honorable member, Honorable Gari you the debate and they will only be back to this
were on a point of order and you are not House when they are properly dressed.
well dressed. So kindly leave the House and Meaning that we can proceed with the
dress accordingly. We shall continue the debate Honorable Elisha please.
debate, Honorable Elijah. Yes Honorable Hon. Okuku: Thank you Mr.
Kowii has a point of order. Speaker for giving me the opportunity to
Hon. Owii: Thank you Mr. Speaker, stand Mr. Speaker on the floor. Mr. Speaker
Mr. Speaker sir I was raising a point of order sir thank you again for directing those who
in favor of my colleagues that were not dress are not well dressed to go out and dress well

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and we appreciate you for that. Because Hon. Speaker: Honorable Odinga
some of the members here Mr. Speaker, are you have the time to make your submissions
doing what they know and they are trying to very clear you are safe.
think that they know the Speaker’s eyes, I Hon. Odinga: Thank you, Mr.
want to thank you for directing them. Mr. Speaker sir I want to say that, I want first
Speaker sir I rise to support the motion and I and foremost to commend the work of this
have seen a very beautiful and committee, the committee on Legislation
recommendable Court f Arm of Siaya because these are instruments that are really
County. I have seen, Mr. Speaker, a very giving life to this Siaya County
good Seal of Siaya. I have again looked at Government. And also I want to talk of the
the Flag of Siaya Mr. Speaker sir and I have public Seal of the Siaya County. You
seen all the features of Siaya County taken remember Mr. Speaker, Sir, when we
into consideration in the flag of Siaya Mr. prepared our first budget 2013/2014, there
Speaker sir. are some commitments which were made
May I take this opportunity to from the Governor’s office. That they could
congratulate and acknowledge the be supported by the Governor, I believe
committee which did this very beautiful when they went to the controller of budgets,
work. May I take this opportunity to thank they didn’t not go through the approval
them so much for the work they did and the ….and therefore for the County
time they took. I joined them and they took Government, we have our seal so I believe
the most of their time to do this that this is a very important document when
commendable work Mr. Speaker sir. I it comes to making agreements both
appreciate and I want to join my team and internally and externally.
my supporters who has proposed and Mr. Speaker, Sir, allow me to
supported this motion on the floor. That as propose that we call upon the mover of the
Siaya we must move as a team, and we must motion so that Siaya can be committed can
prove with the Republic Of Kenya that we be committed to the whole House because as
are at per by passing this Bill Mr. Speaker. my friend the Honorable has said, if
Thank you very much, I don’t have much to Statunga is allowed to be used and also Mr.
say I just arise to support the mover of the Speaker sir …the word Statunga as it is put
bill and to appreciate the work of our here, there is an apostrophe, so if that
committee thank you. apostrophe is put there, to mean that they are
Hon. Speaker: Thank, you two then it is wrong. We look at the Court
Honorable of Arms, the last sentence there; we talk of a
Odinga. book and two facing statungas. The part
two of it, so if that apostrophe is there to
Hon. Odinga: Thank you, Mr. mean that there two then I believe it is not
Speaker, Sir, and I want to tell you, Mr. right. So I beg that when we go to the
Speaker, Sir, that I am not sick because I got committee of the whole House, so I request
your attention; there is a colleague of mine

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that you call upon the mover to commit that of the County of Siaya can have that was
thank you represented in the constitution, that was
Hon. Speaker: Honorable Odinga represented in the County Government Act
has moved that we call upon the mover of and to represent by the people who gave us
the motion to decline and I therefore put the their votes have the opportunity and the
question. power to determine what to be put as the
Hon. Madialo: Point of order, Mr. seal of authority of this County.
Speaker! Mr. Speaker, I agree with the
Hon. Speaker: Yes, Honorable members on their submission that this will
Madialo! bring life to the County of Siaya. And I
Hon. Madialo: I wish to ask, to wish to ask my brothers and sisters that
remind ourselves that amendments are done support the bill that within a short period of
at committee stage so that if we have time, we will already have enacted
amendments to propose, members who have legislation of this Flag, of this Court of
amendments to propose you wait when we Arms, of this Seal that will be used by
are at the committee that will proceed in a Governors in governance, Speakers and
short while then you put in the proposed speaker of this County…..thank you Mr.
amendments. Speaker.
Hon. Speaker: Yes, Honorable Hon. Speaker: Thank you,
members, that is sustained and that is why Honorable Madialo, having replied, I wish
when the amendments were mentioned, I did to put the question that the Siaya County
not put them provoked. So they are going to Flag and other Symbols Bill County
be substance to be discussed in the Assembly Bill 2013 be read the second time
committee of the whole House. I wish to and be submitted to the House today. May
mention that there is a proposal that you call as many as of the opinion say ‘Aye’
upon the mover. I wish to put, is the House Hon. Members: Aye
agreeing that I call upon the mover of this Hon. Speaker: May as many as of
motion to book, and may as many as of the the contrary opinion say NAY, the Ayes’s
opinion say Aye. have it. I now come to a point where I call
Hon. Members: Aye upon Honorable Madialo to move the
Hon. Speaker: May as many as of motion again.
the contrary opinion say nay, the Ayes’s Hon. Madialo: Madam Chairlady, I
have it. And in that regard I call upon the beg to move that the committee do resolves
mover Honorable Madialo to move. the House in consideration of the Siaya
Hon. Madialo: Mr. Speaker, I stand County Flag and other Symbols Bill 2013
to reply. Mr. Speaker, the members, and its approval thereof without
Honorable colleagues, press, members of amendments.
this Assembly have unanimously supported Hon. Chair: Okay, Honorable
the Bill. Mr. Speaker on that same direction, members I will put the question which is
we have reached many ends for the direction that the committee to do report to the House

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in consideration of the Siaya County Flag amendments and she is very sure it is
and other Symbols Bill 2013 and its adopted with no amendment and is very
approval thereof without amendments. Will sure…..Chairlady. However the
as many as of the opinion say Aye? Honorable…was on his feet because he felt
Hon. Chair: Will as many as of the that a vote should have been taken that we
contrary opinion say nay? adopt this with amendment. The Speaker
(Vote taken) that has just sat down should have been on
Hon. Chair: The nays have it. The his feet to support that we adopt the report
chairman has not got the vote maybe I will otherwise the motion has been passed and
repeat again. Will as many as of the opinion what remains is that the speaker goes back
say Aye? to his chair and Madam Chair comes back to
Hon. Chair: Will as many as of the her seat and we go to the next stage.
contrary opinion say nay. An Hon. Member: Point of order,
Madam Chairlady. Madam Chair, I think
(Vote taken)
when a bill has been committed to a second
Hon. Chair: The Ayes have it. So reading, after second reading, it has been
the Bill goes without any amendment. committed to the committee of the whole
House and there are concerns during the
Hon. Member: Point of second reading, there some words which
information, need to be looked into. Now when it came
Madam Chair! to the committee of the whole House, this is
Hon. Chair: Yes, Honorable--- the committee that is supposed to bring the
Hon. Member: Mr. Speaker, whole document Clause by Clause. And if
Madam Chair sorry, any foreign words at all there are amendments we have all …to
Madam Chair, any foreign word that is make sure that the clause is reviewed. Mr.
imported into an English word, can only be Chair I don’t want this to go on record that
admitted in an English statement with an from your Chair that procedure of the House
open and closed inverted comma to make it was not followed. Madam Chair kindly
assimilated as an English word. Statunga is observe procedures and that we make small
not an English word at all so what is the very small amendments thank you.
meaning of Statunga in a bill that is Hon. Member: Point of order!
supposed to be defining a legal document, Hon. Chair: Honorable Elisha!
Madam Speaker. Hon. Okuku: Thank you, Madam
Hon. Madialo: Point of order, Chair, we will be late and the questions that
Madam have been taken and the ayes have it. We
Chairlady, have a lot of reading Madam Chair I think
the one reading is out of order Madam Chair
Hon. Chair: Yes, Honorable
let’s move on thank you.
Madialo!
Hon. Madialo: The speaker that has Hon. Member: Order, Madam
just spoken has said she adopts without Chair!

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Hon. Chair: Honorable Oriaro! come up with the right things that are
Hon. Oriaro: Based on supposed to be used when forwarding this
Parliamentary practices, whenever we have Bill thank you very much Madam Chair.
such like issues, the language of a bill prior An Hon. Member: Yes, thank you
to being accented to has always been very much, Madam Chair, in every
allowed for the experts that is why for parliamentary purposes, we normally go
instance from National Assembly it goes to with the majority as for that we are saying
the Attorney General. So that is the missing and I am saying on behalf of others that we
link, it is not here, thank you Madam are not going to be tongue twisted with the
Speaker. majority, the chair…
Hon. Madialo: Point of order, Mr.
An Hon. Member: Point of order, Speaker.
Madam Chair Hon. Chair: Yes, Honorable
Hon. Chair: Honorable Gare Muhula!
Hon. Gare: Thank you so much Hon. Muhula: I want again to
Madam Chair, Madam Chair I stand to remind the Honorable members that this
support what Honorable Odinga has said. House is a House of rules and procedures.
When a bill is put, when it is now in the And that any House has to follow the
committee of the whole House, when it is procedures and rules. And this House will
read the second time it has to be read clause go on record that we defied the procedures
by clause. We cannot just pass it in blanket that is above in passing a bill that is going to
and it goes like that is not procedural. Let’s be passed as a law, Mr. Speaker. Madam
go with the procedure please. Chair, ‘Sitatunga’ can never be an English
Hon. Chair: Honorable Ndonji! word and the mover of this bill will agree
Hon. Ndonji: Thank you, Mr.
with me that English as it is used in the
Chair, I also rise to support what Honorable Legal terms is not the same English that is
Odinga has just raised and also Honorable used locally outside when we are discussing
Gare. I think Madam Speaker the question …so anything a clause, a code or any word
just came too fast. I just don’t understand changes the concept of the entire bill
when some members are not allowing us to Madam Chair. Let’s adhere to that one, we
make an amendment which is only trying to are not appeasing anybody because this bill
put it in the right way that it is supposed to is supposed to be for the whole County not
be. I am an expert in English Madam Chair, for the people of…and I inquire the chair to
and I have never come across that word please ask the members to change or
Statunga in English. withdraw that sentence Madam Chair.
I know that we use it and it is not an Hon. Chair: Honorable members,
English word. So me I am not pleading with going by the mood of the House, I can see
the Chair that anything is done but I am that the majority are of the opinion that we
saying that let us go through the procedure, do some amendments to the bill. And I think
let us go through the document one by one it would be in order if we go by the
so that we go through it using a …. And
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majority. In connection to that, I will read concerning what Mr. Speaker has said and
the question again, and again propose the my colleague. Madam you have to be
question. So that if the Nays will have it we careful a bit this is the only stage with the
will go the Nays way, if the Ayes will have passing of the bill that amendments can be
it we will go the Ayes way. Yes Honorable. made. This is the committee stage so in the
An Hon. Member: Thank you very initial stage on the first reading second
much Madam Chairlady, this is not the time reading, amendment could not be made
for the Ayes to have it or the Nays. This is unless Honorable members have a hidden
the time when we follow the whole thing agenda behind this. But we kindly ask that
procedurally and we come up with what is you give us the opportunity to make
good for Siaya. We will not wish to see any amendments thank you.
other person challenging what we have done Hon. Onduru: Thank you, Madam
as Honorable members. I think just give us Chair and the colleagues, I would like to
our time because we came to be here for the thank those people who have drafted this I
same business it can go until…so kindly you think they did a commendable job. But the
had put the question, all we want is that we House seems not to accept that, understand
all concur. the procedure I think this is what is
Hon. Chair: Sustained, Honorable confusing us. If we don’t understand the
members I think it will be relevant if we put procedure, we will be confused. Me I
the question again so that we can read the suggest it is now, why don’t we go to a
Clauses. Then finally we will call on division and take things on paper and then
whether with amendment or without we go on that is my proposal because even
amendment. So I will put the question you cannot decide as Chair and sometimes
again, which is that the committee do to the you hear No’s and sometimes Yes and then
House, the committee do report to the House the best thing is to put on paper we call
in consideration of the Siaya County Flag division and we go out.
and other Symbols Bill 2013 and its Hon. Chair: Thank you Honorable
approval thereof with amendments and members and may I call Honorable Andiego
without amendment, as many as of the on the other side and Honorable Odinga on
opinion say ‘Aye’ the other side to come forward so that we go
for a division thank you
Hon. Chair: Will as many as of the An Hon. Member: Madam Chair
contrary opinion say NAY
let me go on record that I am not willing to
(Vote taken) step there on a decision to challenge the
legal procedure of the House. What I am
Hon. Chair: The moods cannot be asking is, at this committee stage, this is
read Honorable [Link] when members are and I believe they know
Omwende. some members who have even not gone
Hon. Omwende: Thank you through this bill. Because today in the
Madam Chair, I have a personal concern morning when the mover was moving this

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motion, he requested to reduce the normal if it favors the majority then call it a day
number of days from 14 to 1 day and the thank you, Madam Chair.
House approved that. Hon. Member: Madam Chair, you
Now during this one day I believe can make a
there are members who have not even gone decision.
through this document. So at this committee
Hon. Chair: Honorable Members I
of the whole House is when we are allowed
think at this point because I can see people
to peruse page by page, line by line, and
make some amendments which were being are also getting out of their way. Let’s go
proposed at the second reading. by going through the clauses because this is
We have all proposed the passing for the benefit of the whole Siaya County
this bill as it is but members don’t and we should go into what should benefit
understand what they are passing at Siaya. Madam Clerk
Hon. Chair: So Honorable
committee stage level that is committee of
members I propose the question that Clause
the whole House. We are not opposing this
two be part of the bill. As many as of the
Bill in fact we have supported it but now
opinion say ‘Aye’
with some issues with the Statungas, the
apostrophes the what, so members have to Hon. Chair: As many as of the
agree at this stage so after that members contrary opinion say NAY
kindly note that there will be no voting. It is Hon. Member: NAY
just a procedure and once it comes to the Hon. Chair: The Ayes have it.
Hon. Chairperson: I propose the
committee of the whole House that is when
question that Clause three be part of the bill
we are now….even …So Madam Chair this
and as I put the question that clause three be
is what I said, I am not willing to be coming
part of the bill. As many as of the opinion
over there let be on who is supporting and
not. If I remain a minority let me remain a say Aye
minority let it go on record that I passed a Hon. Chairperson: As many as of
procedure to be followed and it was not the contrary opinion say NAY. The Ayes
have it.
followed.
Hon. Speaker: Okay, Honorable Hon. Chairperson: I propose the
members, I think instead of going to the question that Clause 4 be part of the bill.
division, we will read clause by clause And I put the question that Clause be part of
Hon. Member: Order Madam the bill, as many as of the opinion say I
Chair, you must have a stand. You have
decided that you are going to have a division Hon. Chairperson: As many as of
so let us decide Madam Chair. You cannot the contrary opinion say NAY, The I’s have
be confused by one person and you it.
withdraw what you had decided Madam Hon. Chairperson: I propose the
Chair. Give us direction because a division, question that Clause 5 be part of the bill and

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I put the question that Clause 5 be part of the Siaya County Flag under description, we
Bill. As many as of the opinion say I said the flag is rectangular shaped consisting
Hon. Chairperson: As many as of of four elements. I think it should be five
the contrary opinion say Nay. The Ayes elements. Because we know there is one,
have it. two, three, four, five. So it should be
Hon. Chair: I propose the question amended to say that the flag is rectangular in
that Clause 6 be part of the Bill, and I put shape consisting of five elements not four.
the question that Clause 6 be part of the Bill. We have the blue, yellow part, we
As many as of the opinion say Aye have the green background, we have the
Hon. Members: Aye. Statunga, we have the blue strips so they are
Hon. Chair: As many as of the contrary five. And then the other part, the fourth part
opinion say NAY. The Ayes have it. of it, the Sitatungas. I was saying that if the
Hon. Chair: I propose the question word Sitatunga, if the names and there are
that Clause 7 be part of the Bill, and I put two sitatungas there, the apostrophe should
the question that Clause 7 be part of the bill. not be there. Because if the apostrophe is
And as many as of the opinion say Aye there then it means the seal is for the
Hon. Chairperson: As many as of Sitatunga. So I propose that amendment be
the contrary opinion say NAY, the Ayes made to remove the apostrophe. I will also
have it. come back with part two.
Hon. Chairperson: I propose the Hon. Chair: May I have somebody
question that Clause 8 be part of the bill and to second!
I put the question that Clause 8 be part of the
Hon. Madialo: Honorable Muhula
bill. As many as of the opinion say [Link]
will second.
many as of the contrary opinion say NAY.
Hon. Muhula: Madam Chair, I
The Ayes have it.I propose the question that
Clause 9 be part of the Bill and I put the stand to second the amendment proposed.
question that Clause 9 be part of the bill. As This is a House of very intelligent men and
many as of the opinion say Aye. women. And I would want to go on record
As many as of the contrary opinion that the two sitatungas in the understanding
say Nay, the Ayes have it of the language of English was properly
taken care of when we were reading
I propose the question that The Schedule be
adjectives but again if we walk with the
part of the bill and I put the question that
identification that actually denied by the
The Schedule be part of the Bill. Will as
Honorable member, and passed this bill
many as of the opinion say Aye.
Hon. Members: Aye besides the clause and open inverted
Hon. Chair: Will as many as of the commas that I was talking, it is already
contrary opinion say NAY, giving the authority of this to the Sitatungas
Hon. Madialo: I believe I proposed the way it sounds.
The whole thing that is written
some amendments and it is in part one of the
belongs to the Sitatungas. The two
schedules. Part one of the Schedule, The
sitatungas, I have always said that if I speak
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English people may not understand science of giving names, called binomial
Sitatungas and Sitatunga’s with that nomenclature, as a subject under Taxonomy,
apostrophe on top. The understanding is species are given two names, one, is the
that we come up with a clear document that genus and the other one is the species. So in
it is to help the person who possibly will be this context, the species is statunga. We
reading the Bill will understand that it was have got various types of antelopes so this
clearly defined. particular type of endangered antelope
Hon. Madialo: I arise on a point of called statunga that is borrowed from the
order, Madam Chairlady. word Bejinis. And when we go back to the
Hon. Chair: Yes, Honorable sub species, we have got two types of
Madialo. sitatunga; one is called the Wind buck and
Hon. Madialo: Madam Chairlady the Water buck. The ones we have in Siaya
the word Statunga may not be familiar to are the wind bucks, the ones we have
everybody as a name but it will be sad to elsewhere are the water bucks so
debate Statunga without giving an
Hon. Chair: Honorable Oriaro
alternative. And the amendment that the
point of
Honorable members are talking about
should include Statunga in bracket information.
something that the Honorable Madialo had Hon. Member: I think the
not known. Honorable Member seem not to be
If I just say remove Statunga because understanding what I am saying and I have
heard the mover of this bill in
it is not an English name, while the animal
understanding. Water buck and wind buck
remains. So even as we debate, the same
those are English words. But the word
time the amendment should read remove the
Statunga the way he’s putting it is not an
word Statunga and use this other word or
say Statunga in bracket wind buck. But we English word. So for it to be accepted as an
can’t just say remove statunga, what should English word, it can still remain but we put
be there. Madam Chair what I am saying, those apostrophes. Why is it that we cannot
we are not saying remove Statunga, understand English?
Statunga word remains but for it to be Hon. Oriaro: Madam Chair, I was
on the Floor, what you would have gotten
assimilated in English is that we put open
rid of is the possessive aspect, the use of the
and closed inverted commas so that it
word ‘se’ and apostrophe. So it should
remains Statunga that it comes in now as a
remain the Statunga not the Sitatungas. This
assimilated in English. Second Madam
Chair, I beg to support. is what English; maybe anybody in an
Hon. Chair: Yes, Honorable Oriaro English class would elect his colleagues
Hon. Oriaro: Madam Chair, as an slow in bracket if we like we can put the
Assembly we must take all reasons of the wind buck.
Hon. Chair: Honorable Kowii!
fact that we cannot be experts in everything.
Hon. Owii: But Madam Chairlady,
When I was submitting earlier, I said in the
it is not English, that one we are in
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
agreement and we have agreed that if you wish to carry the flag as a special member of
put those apostrophes just to show that it is the Assembly.
not English one then we are done that is one. Hon. Chair: Honorable members, I
Number two I am in support of this bill, but think we have already passed I don’t think it
the truth of the matter is that I am not in is in order for us to go backwards as of the
support of one thing. That the Statunga will opinion of Honorable Oriaro. So may I call
be translated with courage, it does not matter Honorable Speaker to take back the seat.
at all that is one thing I know about Mr. Speaker, Sir, I beg to report that the
Statunga. Even ….so I wonder how---thank committee of the whole House has
you. considered the Siaya County Flag and other
Hon. Chair: I think Honorable Symbols Bill 2013 and approved that the
members we are all in agreement that we do Siaya with amendments.
an amendment and at this point, I will put a Hon. Madialo: Mr. Speaker, Sir, I
question that I wish to propose that the beg to move that the Siaya County approve
schedule be amended and I will put this one it with the said report.
to question. The Schedule be amended that Hon. Speaker: I propose that the
the amendment be part of the bill. And with House do agree with the clarity in the said
as many as of the opinion say Aye report and I put the question that the House
Hon. Chair: With as many as of the do agree with the committee in the said
contrary opinion say Nay, the Ayes have it report. May as many as of the opinion say
Hon. Chair: I propose the question Aye.
that the Title be part of the bill and I put the Hon. Speaker: May as many as of
question that the Title be part of the bill. the contrary opinion say Nay, the Ayes have
May as many as of the opinion say Aye. it.
Hon. Members: Aye. Hon. Madialo: Mr. Speaker sir, I
Hon. Chair: As many as of the beg to move that the County Flag and other
contrary opinion say NAY, the Ayes have it. Symbols Bill 2013 be now read the third
Hon. Chair: I propose the question time.
that Clause 1 be part of the bill and I put the Hon. Speaker: I propose the
question that Clause 1 be part of the bill. question that the Siaya County Flag and
Will as many as of the opinion say Aye other Symbols Bill 2013 be read the third
Hon. Members: Aye time and I put the question that the Siaya
Hon. Chair: Will as many as of the County Flag and other Symbols Bill 2013
contrary opinion say Nay, the Ayes have it. now be read a third time. May as many as
Hon. Member: Madam Chair we of the opinion say Aye!
had agreed that we will do amendment just
as the previous amendment was done. So it Hon. Speaker: May as many as of
would be better we do amendment to the contrary opinion say Nay,
Hon. Speaker: Honorable members,
include the fifth one. It would also be my
I wish to declare this sitting adjourned until
the time when we are able to convene. we
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adjourn at this time and the House reconvenes at 2.30p.m.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Wednesday, 11th September, 2013

[The Speaker (Hon. Okode) in the Chair]

PRAYER

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Hon. Speaker: Honorable Hon. Speaker: May as many as are
Members, I am pleased to pass this of the contrary opinion say nay.
information to you that honorable Elisha Hon. Members: (few) nays
Omondi Okuku is inviting all the members Hon. Speaker: The Ayes have
of this Assembly to home coming service on [Link] you very much.
20th Friday, 20th September that is in his Next order!
Ward in Imbo East, all are most welcome. Hon. Speaker: Honorable Odinga.
Next order! Hon. Odinga: Thank you Mr.
Hon. Speaker: Next order! Speaker. First I wish to thank my honorable
Hon. Speaker: Honorable Odinga. colleagues for their wisdom for passing this
Hon. Odinga: Thank you, Mr. Bill to discuss within a day that is from 14
Speaker sir. I wish to move a Motion that days to 1 day. Mr. Speaker sir I wish to
pursuant to the provisions of Standing Order move that this Bill of the Siaya County Tax
117, this House resolves to reduce the Waiver Administration Bill 2013be read for
publication period of the County Tax the first time. I call upon honorable
Waivers Administration Bill 2013 (County Muhulah, he is not in, I call upon honorable
Assembly Bill of 2013) from 14 days to 1 Aneme to second that this Bill be read for
day and I wish to call upon honorable the first time. Thank you.
Joseph Kawour to second. Hon. Aneme: Mr. Speaker, I rise to
Hon. Awour: Thank you Mr. second this County Tax Waiver
Speaker sir. I arise to second the Motion Administration Bill 2013to be read for the
that pursuant to the provisions of Standing first time.
Order 117, this House resolves to reduce the Hon. Speaker: Thank you. Arising
publication period of the County Tax from that secondment I wish to propose that
Waivers Administration Bill 2013 from 14 the Siaya County Tax Waiver
to 1 day. Thank you, Mr. Speaker. Administration Bill 2013 be read for the first
Hon. Speaker: Honorable time. May as many as are of the opinion say
Members, following the mover who is the Aye.
Chair and secondment by honorable Kawour Hon. Members: Aye.
that pursuant to the provisions of the Hon. Speaker: May as many are of
Standing Order 117, this House resolves to the contrary opinion say Nay
reduce the publication period of the County Hon. Members: (Silence)
Tax Waivers Administration Bill 2013from Hon. Speaker: The Ayes have it.
14 days to 1 day and I wish to put a question Hon. Speaker: Honorable Odinga.
that the County Tax Waivers Administration Hon. Odinga: Mr. Speaker, Sir, I
Bill 2013, County Assembly Bill 2013be once again want to thank my colleagues for
moved from 14 to 1 day. May as many as of the support they are showing in the first
the opinion say Aye? reading and I beg to move that this Motion
Hon. Members: Aye The Siaya County Tax Waivers Bill,

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Administration Bill 2013 be read for a even trying to, the National Government is
second time. even trying to provide ‘pesa ya wazee’, they
Mr. Speaker, Sir, I wish to make are trying to do this to bring those people
some statements again on the same that on who are poor, to make sure that these people
4th of March 2013 this year 46 County atleast they are able to meet their daily
Governments came in place and Siaya needs. As you remember Mr. Speaker sir it
County Government is one of them. Until is just recently when the VAT was passed by
today there has not been legislation, there the National Government and we are already
are no laws, there no Acts put in place to feeling the effect down here. So if we allow
permit this County Government of Siaya to the charging of these items as it was done by
make a harmonized in and charges the previous Local Authorities then it will be
schedules, at the same time Tax Waivers on …and will be over burdening the Wanainchi
some items. Mr. Speaker sir if you allow by Tax. So I would explain more but I
me, I know that Members will agree with would also like to call upon honorable
me that Tax deposition, Tax collection in the Elisha to second. Thank you.
County Government is a constitutional duty [Link]: Thank you Mr.
and if you may refer to the Constitution of Speaker. I stand to second that the County
Kenya 2010 Article 209 gives the County Tax Waiver Administration Bill 2013 be
Government the Authority to correct on read for a second time. Thank you.
certain areas. Hon. Speaker: Thank you. I wish
You go down to Article 210 the then to propose that Siaya County Waivers
same gives the County Government Administration Bill 2013now be read for the
authority to enact legislation for Waiver. I second time and I will put the question.
want to believe that Siaya County lives That this Bill be now read for the second
above poverty level, the highest number of time. May as many as of the opinion say
the constituents of Siaya County living “Aye”
below poverty level, this is why as a Hon. Members: “Aye”
committee we saw it wise to work hand in Hon. Speaker: May as many as are of the
hand with the Delegated and Legislation contrary opinion say “Nay”
Committee to see to it that those people,
those residents who are poor and would (Silence)
wish to go and sell their wares in the
markets that we have we give the Cabinet Hon. Speaker: The “Ayes” have it.
Secretary or the Executive in Charge of Hon. Speaker: Honorable Odinga.
Finance an opportunity to come up with Hon. Odinga: Thank you,
legislation to allow some items or even to honorable Speaker, Sir. I hope that now you
Waiver Taxation on some items. have opened it for debate and I will also
Mr. Speaker, Sir, I if you go to/if you want to add more on what I said earlier that
refer to yesterday’s paper, The Standard, if you look at the Bill on Memorandum of
there is an issue whereby the Government is Objects and Resource. It stipulates that the

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Bill proposes to give further effects to the An Hon. Member: Thank
principles and stipulations set on the you very much, Mr. Speaker, Sir.
Constitution by providing the position of First and foremost it is my humble
Administration of Tax Waivers. You can pleasure to sincerely thank this
remember Mr. Speaker, Sir that even the committee who saw it better or best
National Government there are certain to draft such a Bill. I want to say
situations when they waiver some penalties that us we are aware that the essence
say for example payment of land rates. of devolution was to bring some
This Bill if enacted into Law then I essence and business of development
believe the executive in charge of Finance next to wanainchi. So as a way of
will now bring us a Bill, Finance Bill which the going of the people, Tax Waiver
will circulate which areas of concern that is very prudent and it is one way that
can be waived. Which areas maybe can we have just really done something
continue collecting as …I also want to say which is positive and is going to go a
that I want to agree with members, we long way in the development of our
believe that if you go to a local market, a people. Another issue that I would
local market near you, you find that there wish to say, we are very much aware
are some old women, there are some old that most of our people, the locals
mamas who have just come there to sell specifically Siaya District, majority
their wares. Just to get something to support of the biggest percentage, they truly
the …, just to get something small to buy a get to survive on less than a dollar a
bread, or unga. And if we continue charging day.
these ladies then at the end of the day, we So, this is quite a number of people
are not improving on their welfare but we in this nature, suppose we don’t waive the
are making them more and more poor. tax, surely they are going to have difficulties
So, Mr. Speaker ,I wish to say that even getting a daily survival is going to be
if we think on that angle, and bringing very cumbersome. And for that, I will say I
everybody below poverty line then I think it urge my fellow colleagues that it is very
will be wise for us to put this into important for us as an Assembly to pass or
legislation. Also Mr. Speaker sir, is that we approve this Bill on Tax Waiver
are behind the schedule, we are behind time Administration. Otherwise thank you very
and that whatever we are doing, whatever much Mr. Speaker, thank you Chairman of
provisions we are making now and the committee for work well done. Thank
whichever in case they are waivers, then we you.
are doing them without proper legislation Hon. Speaker: Yes, Honorable
put in place and this is the instrument which Muhulah!
is going to give power to transformation in Hon. Muhulah: Mr. Speaker, I rise
tax waivers. Mr. Speaker sir I beg to move. to support the Bill on the context of first,
Hon. Speaker: Yes, Honorable that encouragement that this thing is going
Benson! to portray to the tax payers and also the

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County Government…the purpose or the Constitution was promulgated to give the
reason of this Bill Mr. Speaker if you allow service that confirms to what we do and
me to read the Article, it states very clearly again give them truth of consideration Mr.
that this thing is not supposed to be giving a Speaker that we also want the good of this
lee way or loss of the tax but we carry them County. This Honorable House Mr. Speaker
before on tax payers to be able to bring in should accept, all the devolution but include
enough tax that the County Government…. and resist the devolution of the workers Mr.
Mr. Speaker, the reason again why my chair Speaker, we must guard the Executive
had to bring this Bill is that very recently officer in charge of finance and also those
Mr. Speaker, we went round and there was people who are going to work under him for
this desperation one, of not knowing how to the misuse of the authority. I stand to
charge this taxes because of different support.
variation or .. of business that people were Hon. Speaker: Yes Honorable….
doing, so we thought it very well, Mr. Hon. Member: Mr. Speaker, I stand
Speaker, that this waiver could possibly help to support the Motion strongly because I
and give the powers to the Finance believe that you know we are a new
Executive Committee member and the Government now and the new Government
County Government Mr. Speaker to be able which is in place and have already worked
to come up with a regime and again a on a system inherited from an old system
regime that as… of tax payers with a must have problems here and there like the
friendly way other than the antagonism that problems we are undergoing today.
we have seen Mr. Speaker. We find a situation where people are
We had to go ahead, Mr. Speaker, in not charged with taxes in a very harmonised
fact we had to go to public Accounts way. For example if you go to any market
Manager the …which again won in case in Siaya, you will find a situation where
there is some rogue Executive Member or somebody who is selling the stock, I mean
state officer in charge of Finances who the animals are charging something like say
could use it for his own advantage Mr. 50 shillings and as you go around the
Speaker. Mr. Speaker this thing will help markets, the same market you will find
us, as the Honorable members have just somebody selling kukus the other side,
talked about is that the level of poverty or which they are also being charged 50
possibly the income that is revealed in this shillings or 30 shillings.
County is actually low, Mr. Speaker. So, if you compare the value of the
So, for the purpose of allowing stock and the value of the hens and the
those ones who have the biggest wares or mbogas, it is very shameful to find a
the big wares to the market, to be able situation whereby some money are being
actually to be given some exemptions by the taxed from people who probably could
Executive Committee in charge of Finance paying a minimum or go without paying
that would actually give them a better way anything to the Government.
of understanding the reason why the

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So, I believe that this Bill is going to Hon. Speaker: Honorable Oriaro!
harmonize and put a situation whereby some Hon. Oriaro: Thank you, Mr.
people will be set free to sell their things Speaker. I rise to support the Business
without taxes. Secondly I have witnessed a before us. Equity Mr. Speaker, it will be
situation where you see this whole system learnt that it was the electorate and the
that we are inheriting and we are practicing public in the central Alego electoral area
today, it cuts across the seven days a week through my leadership that came out with
and when you look at the money that they rates going out. This one was due to the fact
get in the market in seven days, sometimes it that we were still trying as a new regime, as
is not even much than a market which is a new Government, we were still out to
working or operating for two days a week. summon from the poor whose maker was of
Because these other days you just go to the the old. So we were pushing for a regime
pockets of the operators and they only where we use best practices that are in
emphasize on the distinct days, let us say for consonance with the new Government
example like in Bondo, a market day is formation. So number one, this is a step
Tuesday and Friday, you find a situation forward to the midwifery of a culture
whereby even 100,000 is being collecting in whereby majority of our trades persons shall
a day. But again on these other days, the participate in the economy of Siaya County.
market is as cold as yesterday but they get Number two, we all know that we
even 20,000 shillings. can borrow from the concept of the
So you wonder where do the other economies of scale where the products are
money go to these other days. So it is a produced in large numbers and in so doing
situation which was giving very absurd ways the prices go down and the essence of which
of collectors …and that is why we are huge profits are accrued. So by bringing in
sometimes talking throughout. So I believe the concept of tax waivers, it will mean that
if this Bill is put into cooperation, and these the lower cover of a trade who only do it to
our markets are put in a distinct days and the make ends meet to have something in their
system is revised properly. It will also stomach at the end of the day.
improve the economy of the poor so that We have the financial days, we will
they know that these distinct days they paid have an economic leverage so that at the end
without pain and these other days are given of the day they go beyond trading for
to them free. subsistence, they will raise revenue, they
It is going to increase the interest will raise money, they will save such that at
and give them morale of these people to pay the end of the day they will be moving from
taxes without complains. So I think this Bill having few ware to huge ware and that will
has come in a good time and we should make their existence will be within the
listen to put it in practice so that we improve wider of development and even in matters of
the lives of our people who have been crying tax collection. So with specific examples
on from the Government taxpayers and tax for instance Mr. Speaker, in our markets,
collectors. Thank you you find a mama, a mama showcasing a

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ware whose overall cost hardly goes beyond to either Kiswahili or English, thank you.
400, 200 shillings and they are being taxed Honorable Elisha
at around 50 shillings and somebody in the Hon. Okuku: Thank you Mr.
same market sells a cow whose worth is Speaker sir. I rise to support the Siaya
30,000 shillings and being levied at 50 County Tax Waivers Administration Bill
shillings. 2013. And I want to take this earliest
This would mean that we will be opportunity to applaud and congratulate the
doing justice to our poor traders who have committee of Budget and Finance for the
that enthusiasm to do trading to be at the work they have done. Because one Mr.
radar of our Government in so far as the Speaker, this Bill is going to encourage the
generation of revenue is concerned. And poor people at the village to do business
lastly Mr. Speaker, progressive economies with the County Government of Siaya but
can be talking of per capita income where one Mr. Speaker, they must be effective and
the National income is divided by the progressive on safeguarding double taxation
population and then they talk about Mr. Speaker. Because we may find that a
economic development. This one has trader wants to move from Usenge or
misified our goal for many years such that Nyamonye to Akala, a market in Akala to
every year the National budget and now we take his or her fish at the Akala market day.
will be talking about County Government You will find that while Nyatinda is
are being read, we will mask in development at Nyamonye she or he is taxed by the
at the expense of our people. County Government of Siaya to pay in the
If many people will be having, name of paying sales or any other relevant
contributing towards National income, it name. And the same person when reaching
would mean that a few people who are rich at Akala market, which is still under the
their income is not divided by the entire administration of Siaya County Government
population of the County so we have a you will find that the same trader is again
falsified figure. So majority will be being taxed to pay another bill or another
contributing towards having the County taxation fee for the same product that he or
income such that if we divide it by the she was taxed by the time she was boarding
number of the people, we will have a a vehicle to the market. So we must protect
genuinely rated per capita income. Thank this and see how this person can pay taxes
you, Mr. Speaker, Sir. once on the market day and for all not by
Hon. Speaker: Thank you. I just taxing Mr. Speaker. Thank you very much I
want to remind the Honorable Members that appreciate.
you have a choice to use English or Hon. Speaker: Thank you and we
Kiswahili in the House, and when you start will go to Standing Order number 78, that
to speak in English, continue in English. we expected the Members to take a
Honorable Members using any other maximum of five minutes, thank you.
language and having A’s does not translate Honorable Osuri

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Hon. Osuri: Thank you Mr. Hon. Speaker: Thank you.
Speaker sir. I arise to contribute to the Honorable Majority Leader
Motion of tax waivers and administration Hon. Otieno: Thank you Mr.
Bill. Mr. Speaker sir I do agree that there is Speaker. Mr. Speaker sir I want to first say
need for harmonization of tax to have the that I appreciate this Bill so much and the
proper items uniformly taxed. But I want to drafters of this Bill. In fact I am very proud
say that whereas we would wish that the of them, they have now helped our people
poor be waived from paying taxes but we Mr. Speaker. I am standing now to support
must also take it and be aware that we as a the Motion of the Bill on the floor with the
county we also need revenue and therefore following submissions Mr. Speaker. I want
we must come up with appropriate to say Mr. Speaker a lot of corruption exists,
mechanisms that will ensure and determine take for instance a market at my ward in
that who are the poor otherwise if we are not Ugunja.
careful, we may end up with a inch….two, Mr. Speaker, just as some Members
also age alone is not a determining factor had contributed, a mama comes with a hen,
to…we may have old mothers, old fathers the hen goes for about 300 shillings, she is
but they are richer than the young ones. So taxed about 50 shillings, you enter the
we must come up with appropriate market you don’t have that money Mr.
mechanisms otherwise if we go into it just Speaker that cock or that hen is taken away
like that, we might end up not getting the from you to a certain store, they wait for
revenue. some few minutes if you don’t produce the
As we also waive I will also propose money they want, Mr. Speaker that hen
that we also come up with ways of bringing disappears without it being auctioned
a tax of revenue collection that I can anywhere and Mr. Speaker sir it is not in any
propose. If it is posted that as a County we logic to say that what would bring a hen at
determine ways that submit that we do 300 shillings, then you tax 50 shillings
message our County de-taxed either by which is even much over 15 percent or 18
taxing them with the packing fee, when they percent that the National Government had
come with those legal things into the County raised in the VAT that we use in our
or as they enter our borders from other Country Mr. Speaker.
Countries. Then you will bring the taxes we Mr. Speaker, the traders in our local
waived from the poor we make another markets in Siaya County are seriously and
alternative way of getting the revenue. are adversely affected in terms of over
Otherwise I wish to support it but as a taxation Mr. Speaker. I therefore rise Mr.
County we must be very careful because as Speaker to call for a mechanism to look into
the members for the County, we need the this to reduce even the tax that are being
revenue to do give our people the services. done on our people Mr. Speaker. Mr.
So otherwise if those mechanisms are put in Speaker I want also to give an example of a
place, then I will support the Bill. Thank mama mboga in our markets, you will find a
you, Mr. Speaker. mama coming with a basket of about 200,

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500, amounting to 200 or 500 shillings, total sir. I want to say I am really grateful on the
of whatever she has brought to the market. contribution of the Members, Honorable
Mr. Speaker, you will find by the Members towards the aspect of this Bill. I
end of the day, she has returned, the tax is also want to say that it is true that as a
equivalent to over 40 percent of the total County we need revenue and--- but what the
cost of her produce Mr. Speaker. I am Bill proposes to do is that we propose to do
therefore begging Mr. Speaker that we act an equitable taxation that the richer should
with speed and to make an atmosphere pay more just the way it was said that if you
favorable for these our people to do trade in are selling an item 150,000 why should you
our market, to sustain them to change their be charged only 200 shillings the same as
lives Mr. Speaker. I stand to support the that of a mama who has brought a vegetable
Motion. On the same Mr. Speaker, I now worth 200 shillings who also goes to the
ask you to let the discussion be brought to market. So what we are saying is that the
the Committee of the House so that we Bill would like to spread the taxation in an
discuss more and on the same note I ask the equitable manner.
mover of the motion to reply. I also want to thank those who have
Hon. Speaker: Honorable Members not contributed I believe that in the
it has been moved that I invite the mover to Committee of the Whole House they are
reply, do we have somebody seconding that? going to bring in their wisdom and that the
Yes Honorable Gare interactive contributions we are going to
Hon. Gare: Thank you Mr. have at the committee meeting is going to be
Speaker. I arise to support that since other very helpful in coming up with the Finance
Members still want to debate on this, maybe Bill which will later on be tabled in this
we move this to the Committee of the Whole House so that Members will look item by
House and the mover replies then we get item which will be waivered. I also want to
time there and discuss it. Thank you finish by saying that a family that is able to
Hon. Speaker: With that consume and sell is a family with a future.
secondment, I wish to propose that I invite Thank you Honorable Members, thank you
the mover to reply and I put the question Mr. Speaker sir. I beg to move.
that I invite the mover of the Siaya County Hon. Speaker: Thank you
Tax Waivers Administration Bill 2013 to Honorable Odinga. I wish to move that the
reply, will as many as of the opinion say Bill be read a second time and I put the
‘Aye’ question that the Siaya County Tax Waiver
Hon. Members: Aye and Administration Bill be read a second
Hon. Speaker: May as many as of time and be committed to the Committee of
the contrary opinion say NAY. The “I”s the Whole House today.
have it and I call upon the mover to reply Hon. Speaker: I wish to put the
Honorable Jack Odinga. question that the House to move to the
Hon. Odinga: Thank you. Thank Committee of the Whole House. May as
you Honorable members and Mr. Speaker many as of the opinion say Aye

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Members: Aye Hon. Members: Aye
Hon. Speaker: May as many as of Hon. Chair: May as many as are of
the contrary opinion say NAY. The “I”s the contrary opinion say NAY. The “I”s
have it. have it.

IN THE COMMITTEE OF THE Hon. Chair: Honorable Members I

WHOLE propose the question that the Title be part of
HOUSE the Bill. I now put the question that the
Hon. Chair: Honorable Members, Title be part of the Bill. May as many as of
this is the Bill that introduce us, the Siaya the similar opinion say Aye
County Tax Waivers Administration Bill, it Hon. Members: Aye
is a Bill of 2013 which has gone through the Hon. Chair: May as many as of the
first and second reading and it is now at contrary opinion say Nay. The Ayes have it.
committee stage. I wish therefore to invite Hon. Chair: Honorable Members I
the Clerk of this Assembly to read the propose the question that Clause 1 be part of
process. the Bill. I now put the question that Clause
Hon. Chair: Honorable Members 1 be part of the Bill. May as many as of the
may I propose the question that Clause 2 to similar opinion say Aye
6 be part of the Bill. And I now put the Hon. Members: Aye
question that Clauses 2 to 6 be part of the Hon. Chair: May as many as of the
Bill. May as many are of the similar opinion contrary opinion say NAY. The “I”s have it.
say Aye Honorable members I now request the
Hon. Chair: May as many as of the mover to move the Bill.
contrary opinion say NAY. The Ayes have Hon. Odinga: Mr. Chairman Sir I
it. would like to move that the committee …
Hon. Chair: Honorable Members House with consideration of the Siaya
may I propose the question that Clauses 7 to County Tax Waivers Administration Bill
10 be part of the Bill. I now put the question 2013 and its approval thereof without
that Clauses 7 to 10 be part of the Bill. May amendments and I call upon Honorable
as many as are of the similar opinion say William to second.
Aye Hon. William: Thank you Mr.
Hon. Members: Aye Speaker sir. I arise to support the Tax
Hon. Chair: May as many as are of Waiver …so that the Bill may not be
the contrary opinion say Nay. The Ayes amended as it is in the paper….
have it. Hon. Chair: Honorable members I
Hon. Chair: Honorable Members I will put the question which is that the
propose the question that the Schedule be Committee do report to House its
part of the Bill. I now put the question that consideration on the Siaya County Tax
the Schedule be part of the Bill. May as Waivers Administration Bill of 2013 and its
many as are of the similar opinion say Aye approval thereof without amendments. I put

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the question that the committees do report to Hon. Speaker: May as many as of
the House its consideration of the Siaya the contrary opinion say Nay. The “I”s have
County Tax Waivers Administration Bill of it. Honorable Odinga
2013 and its approval thereof without Hon. Odinga: Thank you Mr.
amendments. May as many as of the similar Speaker sir once again. I want to
opinion say Aye. congratulate my colleagues for seeing sense
Hon. Members: Aye in passing the Bill without amendments. I
Hon. Chair: May as many as of the also thank those who opposed that it is their
contrary opinion say Nay. The “I”s have it. opinion to oppose, this is why we are in a
Hon. Chair: Mr. Speaker sir, I beg House discussing or debating. Mr. Speaker
to report that the Committee of the Whole sir, I beg to move that the County Tax
House has considered the Siaya County Tax Waiver Administration Bill now be read a
Waivers Administration Bill of 2013 and third time and I call upon Honorable Joseph
approved the same without amendments. Agoko to second.
Hon. Speaker: Yes, Honorable Hon. Speaker: Honorable Agoko!
Odinga Hon. Agoko: Thank you Mr.
Hon. Odinga: Mr. Speaker sir I Speaker sir, I arise to second.
would beg to move that the House do agree Hon. Speaker: Honorable members
with the committee to the said report. And I I want to propose that the Siaya County Tax
hereby call upon Honorable William to Waivers Administration Bill 2013 be read
second. the third time. And I put the question that
Hon. William: Thank you Mr. the Siaya County Tax Waivers
Speaker, I arise to support. Administration Bill 2013 be read the third
Hon. Speaker: Thank you. I time. May as many as of the similar opinion
therefore propose the question that the say Aye
House do agree with the committee on the Hon. Members: Aye
said report. And I put the question that the Hon. Speaker: May as many as of
House do agree with the committee on the the contrary opinion say Nay. The “I”s have
said report. May as many as of the same it. Honorable Members, thank you so much
opinion say Aye for the contributions and the debate for this
Hon. Members: Aye Bill and I declare that this House stands
adjourned until Tuesday next week at
2.30p.m.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 9.00 a.m.

Wednesday, 13th November, 2013

[The Deputy Speaker (Hon. Adera) in the Chair]

PRAYER

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
An [Link]: Mr. Speaker, Sir, Oriaro is having a function in his Ward,
I have the honor of presenting to you there is a graduation ceremony going on in
Rosemary Adhiambo Ogutu, nominated his Ward and he has invited all of us today.
member, Ford Kenya. So for those who would wish to attend the
Hon. DeputySpeaker (Hon. function you are most welcome and I would
Adera): Welcome. Next time she will wish that all of attend the function. That is
master the practice, if it is the sponsor on the my wish. Those are the only
right and not the left. announcements that I have for now and we
Hon. Ogutu: I, Rosemary will be having an informal meeting
Adhiambo Ogutu do swear that I shall immediately after this so we don’t walk
always truly and diligently serve the people away. Finally the Liason Committee should
and the Republic of Kenya in the office of have the meeting immediately after our
the County Assembly of Siaya, that I shall informal meeting. Thank you.
diligently discharge my duties and perform Next order!
my functions in the said office to the best of Hon. Member: Mr. Speaker, Sir, I
my judgment that I shall at all times respect, wish to pass a message that on 23 of this
uphold, preserve, protect and defend this month as from 9.00am I will be doing my
constitution of the Republic of Kenya and thanks giving in my Ward at …Secondary
that I shall do right to all manner of persons School. Thank you.
in accordance with the Constitution of Hon. Deputy Speaker: Welcome.
Kenya and the Laws and the conventions of Are you inviting us or you are informing us?
parliament. That I shall do justice to all. So
help me God. Hon. Member: Mr. Speaker sir I
am welcoming all honorable members and
(Applause) their networks because my functions are
people’s centered functions. Thank you Mr.
Hon. Deputy Speaker: Honorable Speaker.
members, we can welcome our new
honorable member honorable Rosemary for Hon. Deputy Speaker: Welcome. I
that reason. I have some few can assure you that we will come in
communications to make; we have been numbers. Next order!
invited by His Excellency the Governor for Honorable members, from the mood
a luncheon tomorrow at Kogello Hotel at of the House it appears that we don’t have
11.00, between 11.00 and 1.00 tomorrow. any other business and therefore we are
Kindly do not miss. Secondly honorable adjourning.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Wednesday, 20th November, 2013

[The Deputy Speaker (Hon. Adera) in the Chair]

PRAYER

Hon. Deputy Speaker: Next order!

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Owii: Mr. Speaker sir, Hon. Owii: Mr. Speaker sir thirdly
Honorable Speaker sir, I wish to lay on the and finally, I wish to lay on the table before
table before the honorable Assembly the the honorable Assembly a proposed County
proposed Finance Bill 2013 that has been Assembly Supplementary Budget Estimates
prepared by the executive. Thank you, Mr. for the year 2013/ 2014. Thank you, Mr.
Speaker. Mr. Speaker sir, I also wish to lay Speaker.
Hon. Deputy Speaker: Honorable Hon. Deputy Speaker:
Kowii, where is the post Finance Bill that Honorable Kowii, in the order paper I can’t
you are laying? Where is the proposed see the County Assembly Supplementary
Finance Bill that you are laying? Budget. Are you talking about
Hon. Owii: Thank you Mr. Speaker Supplementary Budget for the financial year
sir, I don’t know where this Bill. 2013/2014 or there is another
Hon. Deputy Speaker:It is laid on Supplementary Budget that I can’t see?
the floor of the House and it shall be
Hon. Owii: Honorable Speaker I said, I only
submitted to the committee on delegated
wish to lay on the table before the honorable
legislations for further action.
House, this honorable Assembly a proposed
Hon. Owii: Mr. Speaker sir, I
wanted to kindly request honorable Ochieng County Assembly Supplementary Budget.
Aneme to second. [Link] Speaker: County
Hon. Ochieng: Mr. Speaker, I arise Assembly and County are two very different
to second. things. I believe you were talking about
County Supplementary Budget
Hon. Member: Point of order Mr.
Hon. Owii: Yes.
Speaker.
Hon. Deputy Speaker: Is that the
An Hon. Member: The paper is
ready Mr. Speaker. correct position?
Hon. Owii: Yes, I think there was
Hon. Deputy Speaker:Yes I concur an error that was made, sorry, Mr. Speaker.
with you, once it is laid the procedure is that Hon. Deputy Speaker: Okay that
it is committed to the various or relevant has been noted.
committees for further action. Hon. Owii: I wanted to lay the
Hon. Owii: Thank you Mr. Speaker County Supplementary Bill Mr. Speaker
sir, honorable speaker I want to lay, I further
wish to lay on the table before the honorable Hon. Deputy Speaker: Fine, you can go
House the proposed County Integrated ahead!
Hon. Owii: I said I wish to lay on
Development Plan that has been prepared by
the table before the honorable Assembly the
the executives. Thank you, Mr. Speaker,
proposed Assembly Supplementary Budget.
Sir.
Hon. Deputy Speaker: I direct that Hon. Deputy Speaker: Proceed just
the same be directed to the committee on lay it on the Table.
Delegated Legislations and Constitutional Hon. Owii: For the year
Affairs. 2013/2014.
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Deputy of the committee members and pursuant to
Speaker: And this one touches on two the provisions of the Standing Order number
committees, main committees, I know 185, it is my duty to present to the House the
maybe perhaps all committees would like to committee’s report on the Executive
have a look at it but for now I want to direct Nominees. Mr. Speaker, the Committee on
that it be taken to the Finance Committee Appointments was constituted by the House
and Delegated Committee on Constitutional on Tuesday 30th April 2013 comprising the
Affairs. Next order! following members the honorable George
Hon. Deputy Speaker: Next Order! Ojode as the Speaker of the County
Hon. Madialo: Mr. Speaker, Sir, we Assembly, the honorable Stephen Adera
have response from the chairman committee Deputy Speaker, he is the vice chair person
on appointments. I stand to move the motion of the committee, the honorable Otieno the
that this Assembly do adopt the report on the Leader of the Majority, the honorable Gare
committee on appointments of the vetting of the Chief Whip, the honorable Sylvester
the County Executive Nominees dated 18th Madialo yours faithfully, the honorable
November [Link] honorable Jared Abayo Lorna Adida, the honorable Christopher
to second. Apiyo, the honorable Jared Abayo, the
Hon. Deputy Speaker: Just before honorable Andiego, the honorable Benson
you sit, your motion is that the Assembly Onyango and thereafter the honorable Stella
adopts which report? Akinyi.
Hon. Madialo: The report on the Mr. Speaker, pursuant to section 179
Committee on Appointments. (2) of the Constitution the Governor
Hon. Deputy Speaker: Dated? forwarded to the Clerk of the County
Hon. Madialo: 20th November Assembly the names of the nominees by
2013. way a letter dated 15th November 2013 for
Hon. DeputySpeaker: Proceed vetting by the Committee on Appointment
by the County Assembly for appointments
Hon. Madialo: Mr. Speaker I ask
as members of the Executive Committee,,.
the honorable Jareld Abayo to second.
Name number one:
Hon. Deputy Speaker: Yes
honorable Abayo. Honorable Abayo it’s 1. Ezekiel Abang -Lands,Physical
your time. Okay, thank you. Now I will Planning & Survey
propose the question that the Assembly 2. Cleophas Okoth -Finance,
adopts the report on appointments Planning and Vision 2030.
committee dated 20th of November 2012. It 3. Salome Sarah Ondego -Water
is open. and Irrigation
Hon. Madialo: Mr. Speaker, Sir, I 4. Phelgona Atieno Aoko -
stand to move a motion this House does Agriculture,Livestock and Fisheries
adopt the report on the Appointments 5. Francis Ngesa Akumu -Trade,
Industry Development
Committee on the vetting of the Executive
County Nominees. Mr. Speaker, on behalf
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
6. Christine Jennifer Akinyi - Centre during which 7 nominees out of the 8
Education, Youth Affairs, Gender & Social appeared before the Committee on
Services Appointments and were vetted in
7. Benard Okello Arum -Public accordance with the Public Appointments
Works, Roads, Transport & Communication Parliamentary Act number 33 row 2011 on
8. Sylvester Adala-Health Services appointments of members of the Executive
9. Nicky Aduogo -Tourism and ICT Committee. Every Nominee who had been
10. Onyango-Member of Public Service
vetted by the committees was invited for
Board and
interviews conducted between 17th June and
11. Stephen A Okoth -
18th June 2013. The candidates--- and was
Administration & Governance.
Mr. Speaker, after due consultation, consequently approved by the Assembly
the Governor through a letter dated 18th July 2013.
revoked the earlier list and reattached it and Seven people reported to their
submitted the new list by a letter dated 18th respective positions within the month of July
November,
2013 with the following new before the Governors election was nullified
nominees by the High Court. These appointee’s
records, documents and testimonials were
1. Ezekiel Omuga Abayo - already part of the Assembly’s Hansard.
Lands, Physical Planning & Survey However, 7 of them appeared before the
2. Cleophas Ombogo -Finance, committee who examined them and their
Planning and Vision 2030 documents. Dr. Sylvester Adala the
3. Salome Ondego -Water nominee for Health was unable to appear
and Irrigation before the committee as scheduled on
4. Phelgona Atieno -
account of bad health. The committee then
Agriculture, Livestock and Fisheries
constituted a committee that visited him and
5. Francis Ngesa -Trade,
interacted with him.
Industry, Labor &Development
6. Christine Jennifer Akinyi - Now based on the records in the
Education, Youth Affairs, Gender & Social Hansard that are required on the nominees
Services. the committee recommends that this House
7. Benard Arum -Public Works adopts its earlier report on the nominees and
Roads Transport & Communication appoint them to their respective portfolios as
8. Sylvester Adala - Health hereunder. We recommend that Ezekiel
Services Omuga be appointed the Executive
The Clerk to the Assembly was then Member of Lands Physical Planning &
instructed to… should do that through Survey, Cleophas Ombogo be
negotiation. The public was invited to appointed Finance Planning and Vision
present any information to the… however by 2030, Salome Ondego, Water and Irrigation,
the time of vetting no member of the public Phelgona Atieno Ooko, Agriculture
had presented any affidavit. The committee livestock and Fisheries, Francis Ngesa
convened their meeting at Siaya Agricultural Okumu, Trade Industry Development,

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Christine Jennifer Akinyi, Education that was used was the electronic media,
Youth Affairs, Gender & Social Services, particularly the--- determine who would
Benard Okello Arum, Public Works Roads participate.
Transport & Communication and Sylvester All the same the report is okay but
Adala, Health services. another thing that I wanted to talk about is
Mr. Speaker, the vetting was quite about Dr. Adala the nominee for Health,
short and it was short in form of the fact the committee’s recommendation is that it
that hardly two months ago the committee directs that since Dr. Adala did not turn up
had interacted with these individuals, vetted for vetting on account of sickness, his name
them and approved them as suitable to be returned back to the executive for
occupy the offices to which they were consideration at his discretion.
nominated. Mr. Speaker it is prerogative Mr. Speaker, Sir, I tend to think that
that section 35 of the County Government if the committee was satisfied that Dr.
Act was bound together with the Public Adala was actually sick then there is no
Appointments Act. Mr. Speaker, we need of taking back the name but I think a
considered and satisfied ourselves that day should be arranged so that Dr. Adala
gender rule be followed, that more than one can face the vetting committee. Thank you,
third of the persons that we received to Mr. Speaker, Sir.
have approved by this Assembly constitute Hon. Deputy Speaker: Thank you.
more than one third being female. Were you standing on a point of order, or
Mr. Speaker, their files, their you were contributing, supporting, or you
documents and their testimonials confirm were opposing the motion? You’ve not
that they are graduates as per their stated that clearly.
documents and Mr. Speaker they have met Hon. Ndonji: Thank you Mr.
the constitutional threshold required to Speaker sir. I wasn’t opposing the motion.
confirm them into County office. Mr. Hon. Deputy Speaker: You were?
Speaker, I urge that this House does adopt Hon: Ndonji: I wasn’t opposing the
this report and that the recommendations motion, I was supporting it, but I wanted
taken to the Governor for further action. also that the two issues that I have raised
Thank you, Mr. Speaker: be taken into consideration.
Hon. Deputy Speaker: Thank you. Hon. Deputy Speaker: Let’s
Yes, hon. Ndonji hear that from the mover of the motion.
Hon. Ndonji: Thank you Mr. The honorable Madialo can you respond?
Speaker sir. I have gone through the report Hon. Madialo: Mr. Speaker, I don’t
Mr. Speaker sir and there is one point that know because I didn’t sign the report that I
is coming through that I want to highlight. made in the House. The one that I signed
It is being said that the public did not does not rhyme the one I have. Mr.
participate in the exercise as was expected. Speaker, may I know from the honorable
I want to say that one of the reasons Ndonji whether my signature is on that
probably could be because the only media report?

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Hon. Awuor: Point of order, Mr. How do we now come to believe what
Speaker! you are tabling is the correct one if what
Hon. Deputy Speaker: Yes you had circulated to all these members is
honorable Kawuor what is the point of different from what you read and what you
order? present and what you tabled and you want
Hon. Awuor: Thank you Mr. us to discuss what you are tabling which we
Speaker. I want to say that we should be do not have.
discussing this issue if the member who Hon. Deputy Speaker: Honorable
just talked had proposed the amendment Agoko.
and since that has not been proposed I think
we went out of order. Thank you, Mr. Hon. Agoko: Mr. Speaker, Sir.
Speaker. Hon. Deputy Speaker: Honorable
Hon. Deputy Speaker: Yes, I think Agoko the motion was to lay on the table a
report from the Appointments Committee
honorable Ndonji has raised concern which
which they have done. So let us discuss the
we really need to look into. May I have the
report which has been laid on the table. I
report which has just been laid on the table?
will advise that maybe we can look at the
And I would request that honorable Ndonji
maybe give to the Speaker this report, the reports that you have been and you can bring
one he is referring to. Honorable Ndonji a motion later if you realize that there is a
the report that you have laid on the table difference but for now let us discuss the
has no date and it is not signed and report that has been duly laid on the table.
Yes, honorable Kawuor.
therefore I will go by the report that has
An Hon. Member: Mr. Speaker,
been laid on the table by honorable
you had given me…
Sylvester Madialo and I can also see the
Hon. Deputy Speaker: I had given a
report you are having is volu minous if you
look at the number of pages its about chance to hon. Oriaro, I am sorry.
19 pages. Oh they are different reports so Hon. Ndonji: Point of order Mr.
let’s discuss the report that has been laid on Speaker.
the table. Let’s discuss the report that has Hon. Deputy Speaker: Can we
been laid on the table. Honorable Madialo! proceed? What is the point of order, Mr.
Ndonji?
Hon. Agoko: Mr. Speaker sir,
Hon. Ndonji: Mr. Speaker sir we are
Point of order.
finding it difficult to participate on this
Hon. Deputy Speaker: Yes
matter because we have got two sets of
what is the point of order, Mr. Agoko?
Hon. Agoko: Mr. Speaker sir, I am documents that we are talking about. What
sorry this House misleads people, we are has been tabled there may be different from
heading to a situation whereby the reports what members are talking about. So Mr.
tabled and reports circulated to members Speaker sir I wish to urge the House that this
session be deferred.
are different, and I am shocked that the
Hon. Deputy Speaker: Honorable
Chair is disowning his own document.
Ndonji I have already stated clearly that
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
what has been laid before me is this one. it is a report at all. Mr. Speaker it is only a
You can liaise with the office of the Clerk to report if a member of the committee
get you the copies of this one if you don’t presents it.
have it. For now let us discuss Hon. Member: Point of order Mr.
An Hon. Member: A point of Speaker.
order. Hon. Madialo: I am still communicating
Hon. Deputy Speaker: Lets us Mr. Speaker.
discuss the report which has been laid on the Hon. Deputy Speaker: Let honorable
table. The one you are talking about has not Madialo proceed. Honorable Madialo
been laid. If you want to lay this one then proceed, precede, honorable Madialo.
you bring a motion to do the same. Hon. Madialo: Mr. Speaker, thank
An Hon. Member: Mr. Speaker, you for protecting me. Honorable Speaker
point of order! what is before the Assembly is a report that
Hon. Deputy Speaker: Can we is already signed! If there is a problem
proceed please? with it then we will give an explanation, if
Hon. Members: We can’t proceed you are not given an explanation as to why
because what you have we don’t have, we it is there, because it is not part of the
can’t proceed. papers that it is laid before you today. Mr.
Hon. Deputy Speaker: I have Speaker sir before it is laid before you I
already directed that you liaise with the urge that we precede with the debate on the
office of the Clerk to get the document you report that has already been laid.
deem important. Hon. Deputy Speaker: Honorable
Hon. Member: (interruptions) we Madialo I had already made a ruling on that,
have two different sets of these things. you know we don’t deal with speculations
Hon. Deputy Speaker: Honorable honorable Members, the procedure is that
Madialo maybe you can address that. when you have a report. You file it with the
Hon. Madialo: Mr. Speaker. Clerk’s office then you first sign it then you
Hon. Deputy Speaker:I don’t know, put in Clerk’s office and the madam Clerk
did you circulate two different reports? will forward it to the office of the Speaker.
Hon. Madialo: Mr. Speaker, I Then the same report will be laid on the
participated, I was part of the committee table without a signature and without a date
that drew the reports that are laid. Both the then it cannot be laid on the table.
reports we are seeing on the floor now, I What you have, I think is
am seeing for the first time. speculations and it is not a mistake on the
I have liaised with the Clerk who has side of the Chair or of the Speaker because
given me, Mr. Speaker I would require first the representative of that committee has
and foremost the report before the House it already told you that the report that they are
becomes part of the--- And then we discuss aware of is signed and is dated and I have it
it. We cannot discuss it by virtue alone that duly tabled with me. So any other report
somebody gave members a wrong report if

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that is being circulated please discard the Hon. Deputy Speaker: Okay then,
same. Let us proceed. let’s hear from about two or three people.
Hon. Member: Mr. Speaker! Honorable Booker!
Hon. Deputy Speaker:I had given Hon. Minami: Thank you Mr.
the chance to honorable Oriaro. Let Speaker. Mr. Speaker first of all I would
honorable Oriaro proceed. like to concur with my colleagues that the
Hon. Oriaro: Thank you Mr. report that has been circulated which is not
Speaker sir, mine was just to bring to your the report that the chairman has put across.
notice that it would be out of place for us As an Assembly we need to be given
to discuss that which is not within our reach. answers. Who is giving us a wrong report
Mr. Speaker, Sir, the House is only a House to discuss in the House? Secondly Mr.
if the honorable Chairman works in tandem Speaker the Committee on Appointment,
with its honorable members. So if first of all should take responsibility and
honorable members are operating from accept that an error has occurred and as
without then this is no House Mr. Speaker. members of this Assembly we can have
So it is my wish to move that we adjourn some time to correct the error. Mr. Speaker
briefly so that the report before you that is in when I was sitting here after these
the order paper is circulated then we move documents had been circulated is when the
in tandem with one another. Thank you, Mr. mover of the motion was signing the report
Speaker. that he gave. It was signed before my eyes.
Hon. Speaker: Honorable Gare. So Mr. Speaker I want to concur with the
Hon. Gare: Thank you Mr. Speaker Chief Whip that we adjourn briefly so that
sir. Mr. Speaker I think it is right that what honorable members get the report that has
the honorable members have, the report that been signed just a few seconds ago so that
honorable members have is different from we can discuss and move on. Thank you,
the one which has been laid. Mr. Speaker.
Hon. Deputy Speaker: Honorable Hon. Deputy Speaker: Honorable
Gare I think we have passed that stage. I Aneme!
made a ruling that whatever you have is a Hon. Aneme: Mr. Speaker I think if
speculation. What has been laid on the table you assess the mood of the House, It is true
procedurally is the report by honorable that you have been insisting on a document
Madialo dated 20th November, 2013. that it is only you who have and we don’t
Hon. Gare: Mr. Speaker I was just have it. So if they are these ones, that one
trying to inform you that if the members of yours has only been signed a few
don’t have the report. Then why don’t we minutes ago. Let us adjourn and then we
adjourn for a while then the Chair circulates collect all of them, these things if they are
the right report then we discuss it in 5 the same thing so that he signs them, then
minutes. we come back and discuss the same thing,
but insisting that that one is the right one
then we should also collect these ones and

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
then abandon them somewhere and then believe that we now have at least some
you photocopy that one that is signed and copies that we can make reference to, they
then we read from the same message. may not be enough for all of us, but at least
Hon. Deputy Speaker: Yes thank we have some few copies. Honorable
you. I can read the mood of the House and Madialo can you confirm that the copies
it is now crystal clear that most if not all given out are the same copies of the report
most of the members do not have this report that you were trying to move?
but honorable members I want to maybe Hon. Madialo: Mr. Speaker, I
inform you that a report, it does not matter would...
where and when the report is signed it may Hon. Deputy Speaker: Honorable
be signed as you move it or before it is Booker, now that your name has been
moved. mentioned; Confirm whether that is the
What matters is that by the time you same report.
are presenting it, by the time it is tabled it Hon. Minami: Thank you Mr.
should have a signature and a date. And Speaker. Mr. Speaker it is you who can
therefore I wish to request that the office of confirm that the copy you are having is the
the Clerk to urgently make some copies. It same as the copy we are having tabled.
may not be enough for all of us but kindly Hon. Deputy Speaker: Does your
bear with us because this is a situation which copy have a signature and a date at the
may be we had not foreseen but kindly bear back?
with us if you can share maybe even 5 or 10 Hon. Minami: Mr. Speaker, it has...
copies let us share the same and then we Hon. Deputy Speaker: Okay let’s
reconvene within the next 10 minutes and proceed from there. Yes madam honorable
proceed with the…. Wanyala.
Hon. Madialo: Mr. Speaker I Hon. Manyala: Mr. Speaker, as
therefore move the Motion that this much as we have agreed to share, we don’t
Assembly does stand adjourned for 10 have any copies at all this side.
minutes. Hon. Deputy Speaker: They are
Hon. Speaker: I will allow for the bringing more copies please, but that is
adjournment. kind of you. Another one is there with
Hon. Deputy Speaker: I only Gare.
wanted to say that I will allow it if it is An Hon. Member: Mr. Speaker the
seconded which has already been done, and honorable comes from the same House as
therefore the House stands adjourned for 10 the Chief Whip.
minutes. Hon. Deputy Speaker: Okay!
Hon. Aneme: Mr. Speaker our
(House adjourned for 10 minutes) documents were collected but they are not
yet back.
Hon. Deputy Speaker: We can Hon. Deputy Speaker: Honorable
proceed from where we left. I want to Aneme I don’t know who collected but we

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talked about giving in reports that are Mr. Speaker. Mr. Speaker, when the
signed, so kindly bear with us. reports are committee sits.
coming, if you have not received any Hon. Ndonji: Point of order!
copy. The ones that are collected perhaps Hon. Deputy Speaker: Honorable
the mover or the office has discovered that Ndonji what is the point of order?
they had not been signed and maybe they Hon. Ndonji: Mr. Speaker sir the
are signing them. So I will put the question honorable member is misleading the House.
again that this House adopts the report by There is no way they can bring us a report
the Appointments Committee dated 20th that they didn’t have a conclusion at all to
November 2013. discuss. Each and every committee that
Hon. Madialo: Thank you, Mr. tables a report should be having a
Speaker. Mr. Speaker I am now reading conclusion from the meetings they have
the one that honorable has and I believe been having Mr. Speaker sir. At the same
that the honorable Jareld Abayo will time whatever you are talking about it was
support me in this. That I had already not only the signature, that they were
put across our proposition that which I was lacking signatures but the information that
supposed to be saying before the Assembly. was there is not what we are being given,
Mr. Speaker I am calling upon the Mr. Speaker, Sir.
membership to unanimously adopt the Hon. Deputy Speaker: Okay, thank
report as laid. Thank you, Mr. Speaker. you.
Hon. Deputy Speaker: Honorable Hon. Madialo: Mr. Speaker I have
Madialo just before honorable Abayo received the Assembly orders, I don’t know
seconds the same. Would you maybe which order but I know it does not exist.
highlight the House on this other contact That is what Mr. Speaker that we invest so
you are talking about because it seems like that we meet deadlines and don’t blame
there were 2 reports; one has been signed our Clerk or the secretary that typed our
and one has not been signed. Maybe just in minutes. He or she might have typed in
a nutshell. readiness for our conclusion, might have
Hon. Madialo: Mr. Speaker a report typed what we deliberated on and the
is a report whether the authors have signed suggestions because we had several
or not. It is a report where the committee suggestions including the exclusion of the
owns it. I know, Mr. Speaker, that we have name of the Honorable Silvester Adala
not seen such a report but what might have from the list and I am seeing it in the other
been transpired Mr. Speaker is that as we document. This is not something… Mr.
deliberated our committee secretary was Speaker somebody elected to give out the
taking notes, that is yesterday. raw document rather than wait for the
To arrive at a conclusion as to what report.
the committee will present before the Mr. Speaker, if you look at the
Assembly because the committee was document itself, it is not here you will see
deliberating and agreeing or disagreeing that even the provisions for signatures for

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the Chair, Secretary and membership is not Hon. Deputy Speaker: Let’s give
there meaning that it is not what we him time to finish then I will come to you
intended to sign. Mr. Speaker what I honorable Oriaro.
intended to sign we have signed. Mr. Hon. Abayo: Mr. Speaker, I am
Speaker the honorable Otieno was a trying to shade light on the issue there so
member and is a member of that committee that we get to read from the same page.
and I will.. That we did task as a team that visited Dr.
An [Link]: First and Adala in a way of doing the vetting like we
foremost, I am not Bernard I am not did, and he is one person who did not
Otieno. I am Nickson. He is pointing at come. Mr. Speaker sickness is not
me. In as much as he is saying that I am a something that we would be able to
member of that committee, it is very true I anticipate. A team did visit, did talk to him
am a member but on some provisions, I like we talked to the others who we had
dissented and I am still ready and willing to seen earlier and the committee was
dissent. Thank you. convinced that Dr. Adala was ready to take
Hon. Deputy Speaker: And that is the job. All of us in one way or another we
in order because normally in committees it get disposed. So it is of that line and that
is not a must that all members should agree strength that we are asking this House
to a point. Normally when there is a alongside the other 7 names that we have
contentious issue you vote and just what looked at.
the honorable member has said is in order. That you take the challenge and be
Honorable Abayo you were supposed to able to pass this list including Dr. Adala
second. who is actually recovering very well. Let
Hon. Abayo: Thank you so much, us not punish him for sickness. Secondly,
Mr. Speaker. Mr. Speaker, indeed I want to Mr. Speaker this is not the first time we are
agree with our honorable Madialo that we getting these names. We are advantaged to
go through the paper report that has been have been on behalf of this Assembly
given to us. Mr. Speaker, reading vet Dr. Adala when he was okay. All the
between the lines we have and I want to committee members will agree with me that
second as a member of the committee Mr. Dr. Adala would rank number one out of all
Speaker that indeed as has been explained the lists. I want to urge this honorable
there have been the information, but I want House that without any malice or without
to add that Mr. Speaker as a committee any prejudiced to what may have been the
having looked at various options. One case we begin to get objectives and to be
option that we did take up was that if able to look at Dr. Adala and all the others.
indeed Dr. Adala was sick, as a committee Thank you, Mr. Speaker. I therefore
we did take a decision that we visit Dr. second that report.
Adala. Mr. Speaker I want to believe that Hon. Deputy Speaker: Okay
honorable Oriaro

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Hon. Oriaro: Thank you Mr. required and the public is allowed to
Speaker sir, as I arose the other time I was participate. I like to oppose those
to arise on a point of order but now I am conditions.
ready to contribute. Number one Mr. Hon. Deputy Speaker: Yes the
Speaker sir; we are called upon to honorable Andiego
holistically adopt the great names to the Hon. Andiego: Thank you Mr.
Executive post in the County. Number one, Speaker. I rise to support. I want to put it
Mr. Speaker, Sir, I want you to take note on very clearly…
the fact that one, when the mover was Hon. Deputy Speaker: What are
moving this motion his particulate nature you supporting? Honorable Oriaro has
was never made cetestrian and on the suggested that there be an amendment. Are
secondment is has been preempted and our you supporting the amendment or you are
eyes has been made to capture one thing supporting the motion?
which I want to move on, I mean discourse Hon. Andiego: I am supporting the
on. motion.
Number one this House is a House of Hon. Speaker: Okay proceed.
rules by the very honor bestowed upon it. Hon. Andiego: I happen, Mr.
Any extension, any tentacles of the House Speaker to be a member of the vetting
in the name of committees as they transact committee. I was there when Mr. Adala
they should operate with the dignity that was alive and I want to tell this House that
this House deserves and of course it if any among the 8 cabinet secretaries, if
operates as a High Court. When any of them they are supposed to be ranked
somebody is in a Court of Law Mr. Speaker I would rank Mr. Adala number one and if
sir any absenteeism can only be maybe we are also looking what somebody can
brought to its notice by a way of maybe an look in Siaya, this is a man who should not
advocate or such a person. So if the court be left out.
or by extension the committee ought to Mr. Speaker, anybody can fall sick
have adjourned with respect to that even when we are in this House we may
particular name because the House does fall sick, even collapse but that does not
vetting. mean you shouldn’t be accepted because
Vetting is not merely the receiving you were not there. Even those doing
and the adoption of papers, the person to be exams, vetting is like an exam and if
vetted must appear before the committee on somebody falls sick or maybe somebody is
behalf of the House so that his situations giving birth we take the exams to where
are assessed accordingly. Therefore I move they are, even in a hospital or in a jail. So
the name Adala be set aside from the rest of I don’t see why if the committee decided to
the 7 so that the due process be followed. take part of them to go and do this to a sick
Indeed if the executive so wishes, the person..
executive send the name back to the House Hon. Ombee: Point of order, Mr.
so that he avails himself rightly as is Speaker.

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Hon. Deputy Speaker: What is the Mr. Speaker I initially thought the
point of order, honorable Peter? Which committee that vetted the executive
Standing Order do you think the honorable members would take another 2 weeks.
Member has breached? I would have really opposed this
Hon. Ombee: Mr. Speaker is it right motion, but I want to say that Siaya has
for the honorable Member to,, if I was been taken aback because of issues that I
meant to be vetted and I fell sick and I don’t want to say in this House. This is the
went to India for treatment. This House time that we must be sober we must support
committee will take a plane and come to this list as it has been proposed and
India to vet me? Is it in order Mr. Speaker? seconded. And also our colleagues have
Hon. Deputy Speaker: Honorable talked about that we have taken a lot of
Member when you arise on a point of time, the list that has been presented before
order, you need to site that point of order us was presented before us before an
which has been breached and that one does election which was done on 17th of last
not you under lie in any point order. month. So Mr. Speaker I urge my
Hon. Andiego: Thank you Mr. colleagues to be quite sober support this
Speaker for protecting me. In this case motion, we move Siaya forward. Thank
there was nobody who was taken or flown you, Mr. Speaker.
to India. So I would request this House that Hon. Deputy Speaker: Honorable
let us be sober and do the right thing. The Omondi, the MCA for North Ugenya.
committee has done their best, we have Hon. Omondi: Thank you very
done our best and with even willing to go much Mr. Speaker sir. I stand to second
and look for this our patient Adala where honorable Oriaro that the motion should be
we could get him. We vetted him and we accepted with amendments for the
realized that he is very much fit to perform following reasons.
the duties, so please kindly pass this list the Hon. Deputy Speaker: Honorable
way it is so that we can move on. Omondi that has already been overtaken by
Hon. Deputy Speaker: Honorable events. I thought you were contributing
Kawuor! Hon. Omondi: Let me contribute.
Hon. Awuor: Thank you Mr. Hon. Deputy Speaker:He had made
Speaker. I arise to support the motion. Mr. a proposal that an amendment be made and
Speaker despite all those issues that has immediately after that there should be a
arisen I want to say that the committee has seconder. Time has already lapsed for the
tried its best to present before this same, unless you want to propose for an
House the list of nominees. Mr. Speaker I amendment then you propose it now.
am a chair to a very important committee in Hon. Omondi: Thank you very
this House, The governance and much Mr. Speaker sir and that is what I
Administration and we stopped. I could not want. That the motion on the floor be
summon any cabinet executive officer accepted with amendments. I therefore call
before because they had not been there. any member to second me on the same. I

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do hereby propose that the name of the Hon. Speaker: Honorable
executive in charge of health be removed Andiego when we are seated here as
from that list for the following reasons: members of the committee, as members of
First, I understand that some the House we are all members and anybody
fellow members whom I don’t want to may have a dissenting opinion whether you
mention are saying that those are already are a member of the committee or not. And
been vetted. The constitution is very clear, therefore honorable Omondi is right to
once there is a vacancy in the office of the make any dissenting opinion.
Governor. The executive ceases to exist so Hon. Omondi: Thank you Mr.
these gentlemen who are being vetted are Speaker. so on that note I want to urge my
starting afresh irrespective whether you had fellow colleagues lets be sober. Being
been vetted or not because that office was sober as my other colleagues had said does
nullified, it was not there, whether they not mean breaking the law, being sober
were vetted or not we are starting on a fresh does not mean going to somebody’s House
note. to break it.
This House and I want it to be
taken and to be on point, we are not here to Hon. Deputy Speaker: Honorable
confirm who is going to perform and who Omondi please address the Chair.
is not able to perform. So the issue of Hon. Omondi: Thank you Mr.
saying suppose who and who is ranked he Speaker. For the time being I will rest my
could be number one should be null and case there but the issue of saying so and so
void in this House. So Mr. Speaker sir for has not been vetted is null and void so I call
the sake of rule and law, we use the Public upon honorable Oriaro to second the same.
Appointments Act, the County Government Hon. Deputy Speaker: Honorable
Act and the Constitution which Oriaro!
supersedes everything. It is very clear that Hon. Oriaro: Mr. Speaker sir it is
public participation. clearer than crystal that this August House
Hon. Deputy Speaker: Hon. is a House of rules. I want to take cognizes
Andiego you are standing on a point of on the fact that committees are extensions
order, what is the point of order? of this House so in their mandate they
Hon. Andiego: Thank you Mr. should act in the fashionably of the House.
Speaker. Is it in order Mr. Speaker for a We are made to understand that the
member of the same committee who Committee on Appointment had operated
brought the report in the House again to outside the law to sending some of their
oppose it on the floor? elements to go and interview somebody in
Hon. Deputy Speaker: Very his own House. Mr. Speaker sir if that
much in order. was..
Hon. Andiego: Mr. Speaker Hon. Deputy Speaker: Just hold on.
you are the Chair Honorable Madialo what is it?
Hon. Madialo: Point of order!

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Hon. Deputy Speaker: Honorable know where we have come from though we
Apiyo Apiyo, can you kindly sit down. don’t know where we are going. I
Hon. Madialo: Mr. Speaker is it in convincingly seek your guidance and even
order for a member to refer to other your approval on the 8 names and on
members as elements? confirming Mr. Adala’s name. I stand to
Hon. Deputy Speaker:That is say that I am one of the elements as was
unfortunate statement and honorable quoted that went to visit Dr. Adala.
member I direct that you withdraw and Honorable members.
apologize. We don’t have elements in this Hon. Deputy
House Speaker: Honorable Adida refrain from the
Hon. Oriaro: Mr. Speaker I am word ‘element.’ We don’t have elements in
withdrawing and I am apologizing. Thank this House.
you Mr. Speaker sir, I have withdrawn. So Hon. Adida: I have withdrawn,
my view of pointing out that it was … of honorable Speaker.
members of the Appointment Committee Hon. Deputy
to have allowed some of their colleagues to Speaker: Proceed!
visiting somebody’s House, that one Hon. Adida: I am reporting to you
cannot be accepted and therefore Mr. because for sure it is not the wish of any
Speaker sir I second the motion that out of member to call him and even on the day of
the 8 names Mr. Adala is on the spotlight. the vetting I can report to you that one of
Due process be followed it be brought back the nominees reported to the committee that
if the Governor so wishes. Thank you. the member really sent apologies for not
Hon. Deputy Speaker: And I will being there on the vetting day. So if we
now propose the question that the name of made the trip to go and see our nominee, I
Dr. Sylvester Adala be removed from the don’t think whether it was not in order.
list. May as many as are of the opinion say Honorable members I am asking you to
Aye. appreciate that we adopt this list because
Hon. Members: Aye (few) this member was one of the highly merited
Hon. Speaker: May as many as are persons when they were doing the initial
of the contrary say Nay vetting on the same. And if … we
Hon. Members: should not sanction him simply because
Nay Hon. Deputy Speaker: I think we
have passed on the name of Dr. Adala and
Hon. we are now debating on the main motion.
Deputy Speaker:The Nays have it. Let us Do not concentrate so much on Dr. Adala
proceed with the main motion. Honorable because we have already passed that.
Adida! Hon. Adida: Yes honorable
Hon. Adida: Thank Speaker, so I am just asking my fellow
you Mr. Speaker sir and I stand to support honorable members that we support this
the motion. Honorable Members going by motion so that we pass this list for it to
the records maybe just to quote that .we
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make us even as Siaya to move on and also Hon. Ndonji: Thank you
catch up with other activities which are
ahead of us. Thank you, Mr. Speaker. Hon. Deputy Speaker: Proceed
now!
Hon. Deputy Speaker: Honorable Hon Ndonji: I want to say that it is
Booker! long overdue, the constitution of our
Hon. Minami: Thank you Mr. cabinet. We don’t have a committee in
Speaker. Mr. Speaker I think that place therefore there are so many things
honorable Members have contributed and that are delaying in the County. I reiterate
majority of the contributions are very that by passing these names we will start
positive towards the nominees. Mr. moving forward Mr. Speaker sir. There are
Speaker, call the mover to reply so that we so many things that we are supposed to be
can pass the names. Mr. Speaker, thank passing which should be emanating from
you. the said chairmen of these committees Mr.
Hon. Deputy Speaker: I would still Speaker sir, from the executive.
allow 2 or 3 more contributions. Honorable So, Mr. Speaker, Sir, I support that
Murrey! all these names, the 8 names be passed and
Hon. Asewe: Thank I want to say that on the case of Dr. Adala I
you Mr. Speaker. I stand to support the would have supported that these people go
motion. We are behind in whatever we are there because they say they were going to
doing and the 8 names have been vetted vet him and actually it was very procedural
and for me I support that the names be for them to appoint a subcommittee that
passed so that we move to the next agenda. was going there Mr. Speaker sir. They
Hon. Deputy have t hat mandate Mr. Speaker Sir and
Speaker: Thank you. Honorable Ndonji, they did their job very well from what I am
then I will come to you honorable Gare. hearing from them, they have come out
Hon. Ndonji: Thank you Mr. with a conclusion that Dr. Adala fits that
Speaker sir. I stand to support the motion position rightfully. Thank you, Mr.
Mr. Speaker sir. Though you said that Dr. Speaker, Sir.
Adala’s should not be quoted but you find Hon. Deputy
that at times you just have to talk about it. Speaker: Honorable Gare.
Hon. Deputy Speaker: I have not Hon. Gare: Thank you Mr. Speaker
said that Dr. Adala’s name should not be sir. I arise to support the motion. I want to
quoted. Her contribution was limited to Dr. take this chance to first thank my fellow
Adala and I was just advising her that we colleagues who have just spoken and
are now discussing on the main motion, the supported it. First and foremost it is very
other motion was to make an amendment true that the vetting committee did their
on Dr. Adala’s name which we had already best. They have vetted the 8 nominees.
passed. There is no law which they have broken. I
want to say all the members know that we

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just came from elections the other day. Hon. Owii: Thank you honorable
Siaya has been ranked number 45 among Speaker. Honorable Speaker we are having
the Counties. We should move with speed so many meetings in the same House. I’m
to move Siaya up to a certain level. We sorry to remind you the same
should not start by dragging Siaya back. Hon. Deputy
An Hon. Member: Speaker: Okay proceed. Proceed.
Point of order, Mr. Speaker! Hon. Owii: Honorable Speaker I
Hon. Gare: Mr. stand to support this motion because of
Speaker sir, the executive committee that quite a number of reasons. One, we know
we are now putting in place. our position as a County, we know where
Hon. Ndonji: Point of order, Mr. Siaya is and it is our concern as the
Speaker! representatives of the people. Quite a
Hon. Gare: Mr. number of things as our colleagues said and
Speaker, please protect me. that should be our concern. I want to say
Hon. Deputy Speaker: Honorable that from this particular report it’s like
Ndonji, can you allow the contributor… vetting was not done. What was done was
Hon. Gare: Thank based on records in a Hansard and in that
you, Mr. Speaker. same Hansard one of the nominees whose
Hon. Deputy name has been mentioned repeatedly was
Speaker: Honorable Ndonji let him finish equally covered very well firstly as a
then I will give you the chance. House.
Hon. Gare: Thank We are the same House that passed
you Mr. Speaker sir for protecting me that Sylvester Adala and others. I believe we
much. I want to say that we are lacking would be trying to do a lot of injustice if at
the executive committee members in this all we would deny.
County Government that is when we can Hon. Oriaro: Point
now move. To me as a member of House of order!
Business Committee, I am aware that there Hon. Owii: Can I continue Mr.
are so many Bills pending and most of Speaker?
these Bills we cannot bring them to the Hon. Deputy Speaker: What is the
floor if we are not having the executive point of order honorable Oriaro?
members Mr. Speaker. I therefore want to Hon. Oriaro: The member on the
urge this honorable House to pass these floor is saying that this is the very House
members, the 8 nominees as it is. Thank that validated those names yet we know
you so much. Thank you, Mr. then we were 30 and now we are 48 so it’s
Speaker. not the same House, Mr. Speaker.
Hon. Deputy Hon. Owii: I have withdrawn, can I
Speaker: Honorable Kowii I will give you continue?
a chance. I will give you a chance. Hon. Deputy Speaker: Precede,
honorable Kowii!

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Hon. Owii: Ooh the number is and everybody who has contributed to the
bigger. Mr. Speaker sir what I wanted to motion in the positive side. Mr. Speaker, I
say is that there are things that we don’t am grateful to the honorable George for
need to continue doing in future. In as pointing out that we were number one
much as we all accepting that we pass all when the Assemblies were last rated. Mr.
the 8 names as they appear here. Maybe in Speaker, our Assemblies are said to be
future there are some things that we should number last but when you look at the
not actually continue doing, I want to corruption within counties we are number
request that all of us should now accept the six among the best. Why don’t you talk
8 names as they appear here Mr. Speaker about that one?
sir and let’s see how we can now engage Mr. Speaker, the executive is a
with them in the near future so that we necessary component of the County
pass the necessary Bills that are before us. Government. When the executive does not
I therefore beg to support. exist or when the Governor rules alone is
Hon. DeputySpeaker: Honorable out of the constitution because it is a
Ndoji you still insist on your point of requirement that he has an executive and in
order? fact he is given the numbers that must be
Hon. Ndonji: Yes. There is some there before it is said he has constituted a
correction. Government.
Hon. Deputy Speaker: Okay. Mr. Speaker, I am grateful because
Hon. Ndonji: Thank you Mr. today we will forward to the Governor
Speaker sir. The correction that I wanted to names that will then make this County to
make was the (selection) by honorable Gare constitute the vital arm of the Government
the Chief Whip that we were number 45. I of this County but Mr. Speaker as the
want to correct it that during that period the mouth of the Governor in this Assembly
Assembly of Siaya was ranked number one the leader of majority has attempted to
in the Country and not number 45, which disown and Mr. Speaker am going to urge
was probably the executive. I also want to the Leader of the Majority while liaising
say that hon. Oriaro said that our number is with his principal
bigger and I am very sure that the number Hon. Deputy Speaker: Which
is now bigger than the one.. . Thank you, leader of majority are you referring?
Mr. Speaker. Hon. Madialo: The Leader of the
Hon. DeputySpeaker: Okay thank Majority honorable Martin Otieno is not
you and looking at the mood of the House, here but his representative honorable
I want to assume that the motion has been deputy the honorable Kowii, Mr. Speaker.
exhaustively debated and therefore I wish Hon. Deputy Speaker: I think that
to call the mover of the motion to respond. honorable Kowii was contributing at his
Hon. Madialo: Mr. Speaker, I stand capacity as honorable Kowii and not
to reply. Mr. Speaker, I start by thanking representing anybody.
everybody who has supported the motion

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Hon. Madialo: Thank you, Mr. We can endeavor as we did endeavor to
Speaker. follow the law to the letter. Mr. Speaker I
Hon. Deputy Speaker: You should urge that the document be passed as it is.
correct that. Hon. Deputy Speaker: I will now
Hon. Madialo: I have corrected it, put the question that this Assembly do
in my mind Mr. Kowii the honorable Kowii adopts the report by the House Committee
has corrected. Mr. Speaker, the honorable on Appointments dated 20th November
Kowii is right that this should not be 2013. May as many as of that opinion say
repeated and I urge the House to Aye?
understand the situation brought before us. Hon. Members: Aye
It is not true that we did not vet, we looked Hon. Deputy Speaker: May those
at documents, we talked to these people, we of the contrary opinion say Nay
went back to their history and we satisfied Hon. Members: Nay
ourselves that they are suitable. Hon. Deputy Speaker: The Ayes
We did vet, but this has been and have it. Honorable members there being no
we do appreciate and I do admit that it has other Business this House stands adjourned.
been a rushed exercise, a rushed for the
reasons that we explained needed to have
the other vital number of the government in
place and with the right vetting process.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Friday, 29th November, 2013

SPECIAL SITTING ON BUDGET APPROPRIATIONS

PRAYER

hospital. We had Members also who were

Hon. Speaker: Honorable hospitalized, we have Mheshimiwa Otare
Members, I thank God Almighty for giving honorable Otare, we also had honorable
us this opportunity to converge here today as Ombe whose spouse also was in hospital
Members of one family, the County and any other perhaps that I have not
Assembly of Siaya. As we embark on this mentioned. I thank God that they are out
journey though it is a special sitting, may I there alive.
take this opportunity to sincerely thank this Allow me to share with you certain
House for maintaining the cool and the vigor things in this House. As we move forward,
in conducting the affairs when I was the this is a House of order, I want to appeal to
other side? I thank particularly Members of you to reserve in our sitting arrangements,
the Speaker’s Panel, the various Chairs, the reserve the front seats for the Chairs, the
Vice Chairs and the Members for various Vice Chairs or those with leadership
committees who made sure that there was positions in the Assembly then the other
vigor in this Arm of the County people will occupy the back seats. The back
Government. seat doesn’t make you a lesser member of
I want also to take this opportunity this Assembly; it simply makes you sit
to thank you sincerely because when I was where you belong. Where you belong is
the Acting Governor you gave me the important by virtue of being here not where
cooperation more than I deserved and I you sit.
worked with you in an environment that was Allow me to say that I have noticed
so cordial that indeed made us deliver what with concern that in our committees we
we did deliver. increasingly decrease the use of the handset.
I want to thank God Almighty again We have the Hansard for record purposes;
for making sure that some of us who were make sure that when you are in our
befallen with disease were either committees, we use the Hansard to record
hospitalized or their Members, their spouses our voices much as we a lso have the note
or children hospitalized are alive today. I takers. I am concerned, honorable Members
know that some of us had their relatives that what we say sometimes or how we
Murray Asewe had the child in hospital was conduct ourselves sometimes out there can
released, Annastancia Ouko was also in have repercussion on how we conduct our
hospital, had an operation and God made it Business in here.
possible for her to be out, Rosemary Agutu I want to plead with you if you are
had a spouse in hospital, Angeline nominated Members to this Assembly we
Odhiambo, Jack Odinga had the daughter in welcome you and make the work of the

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Chair be easy by not overstepping. When from Kshs. 3,000 to Kshs. 4,000 and from
you go to a Ward, kindly advance the Kshs. 4,500 to Kshs. 5,000 like that, the
motive of your nomination and don’t seem details I will give you later. At some point
to antagonize the leadership, the political our request for salary increment, there was a
leadership of a Ward, same to the political splinter group that engaged the SRC
leadership of the Ward. team and then therefore they allowed for job
I appeal to you very sincerely that evaluation that all Assemblies did not
conduct your Business without also subscribe to but all the same the other day,
degrading nominated member to the yesterday SRC invited the Speaker Forum
Assembly because at the end of the day if which is now called the Assemblies Forum
you are representing the disabled the because they targeted other Members of the
disabled are so many out and there are issues Assembly and they increased salaries. I
that are so voluminous out there that you can think for the Members of the Assembly it
engage. If you are elected as a member of was from Kshs. 79,000 to Kshs. 123,000 or
the County Assembly you have so much something like that.
work to do and you do not have any time to The position of the Speakers of the
beck around or to fight each other. Please Assemblies Forum is that we requested for
let us operate within the boundaries. Kshs. 300,000 basic salary for MCAs and
I appeal to you, honorable Members, because that was not met, tomorrow we will
that when we are out there it is clear the have representatives, we will have the
spokesman of the County Assembly is. Deputy Speaker, the Speaker, the Majority
When you speak, speak much as politicians Leader to Nairobi to form the Governing
speak as politicians but within your Council and discuss the rates that have been
jurisdiction. When you mention matters of proposed by SRC.
the County Assembly then you realize you From there the Assemblies will
are overstepping your mandate. That is my either be converged centrally or
special plea to you. May I report to you communicated to, they will make a decision
something on Salaries and Remuneration, whether we come back to the House or not.
the engagement of all Assemblies in this One thing that is important I do not want
Republic with Salaries and Remuneration you to think for a minute that when you
Commission has been a long journey and don’t come to the Plenary then you are not
you all know where it started. working, you don’t have to come to the
As at last week the Chair of this Plenary to do oversight, you don’t have to
Assembly received a communication from come to the Plenary to do representation,
SRC saying that adjustments have been you are working and you deserves the pays
made but the only subject with sanction of that you earning.
our Business operation in the Assembly and Honorable Members may I also take
what they increased in the circular that we this opportunity to welcome a member that
received was just transport allowance which was last sworn in this House when I was
was Kshs. 39,000 and sitting allowances absent. I want to request her to feel most

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
welcome and let her feel to be part and force that it requires. My appeal to you
parcel of this Assembly. This is one again is watch your security at a personal
Assembly, there is no nominated, there is no level, what the leadership of the Assembly
disabled, we have one County Assembly of can do; interact with me so that we do it to
Siaya and that is how we must move. ensure that you are safe not only here but
I also thank the nominated MCAs also at home. On the same breath of
for showing from where I sit I read an security I thank God that the Deputy
interpretation that we have one people, it is Speaker when I was the other side he was
within us now to make it be so or destroy it equally disposed on matters of insecurity, I
but we must make it be so because we are thank God you are alive. And finally,
one people we are one Assembly, I welcome finally and finally the Speaker’s Panel, the
you and feel most welcome, you belong people who handled integration of
here. Nominated and Elected, I am very thankful
Lastly, there are certain things that to you that you made it happen. At one
we want to fast track as an Assembly that point I was worried because I used to be
we will communicate later. I know in this called every now and then that the
Assembly we need to do our Strategic Plan, Nominated are not with the Elected on the
we need to serve the people from the same page, I am proud today that we are on
peoples doorsteps that are having the same page. Thank you.
operational offices in the Wards. We also Hon. Odinga: Thank you, Mr.
need to have offices at the Headquarters, Speaker. Our Budget Committee was
those ones we must fast track; we must fast supposed to give a report and I wanted to
track recruitment of officers that will help us ask for time because there are a lot of issues
discharge our functions that we must fast that are coming in, even as at today, Mr.
track. We must also come up with Speaker, Sir, we have noticed that there is
regulations here and there that will help us that Salaries and Remuneration Commission
discharge our functions as required. I am they are making a proposal to adjust salaries
alive to that fact and it is Business, it is not to the Members of the County Assembly.
Business as usual, we must move with Giving a report today, I don’t think
speed. Financial Year Budget 2013/2014 and
I am a worried Speaker when my excluding the inclusion of increment of
Members lives are threatened. I may not those salaries and allowances then it will be
associate or link this to politics or by virtue taking us backs to bring another
of being leaders in the Assembly but it has supplementary just in a weeks’ time.
reached me that some Members two or three Also, Mr. Speaker, Sir, there are also
have been threatened of late with SMSs and other documents which are supposed to
with calls, I may not mention their names accompany this Budget and these documents
but I am saying if it has connection with this one of them that we also need to have
Assembly or your Business in the Assembly Appropriation Bill which will authorize the
then we will not hesitate to give you the full expenditure that is pending and then there is

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231
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
also there is the Finance Bill and these days Mr. Speaker. More so Mr. Speaker
two items have not been considered or taken given that the Majority Leader is actually in
into account by the Budget Committee. the House, Mr. Speaker I may urge that we
Also another thing, it is also important that it urge the Majority Speaker to talk to the
serve as a business for the preparation of this Governor and the Executive to ensure that in
Budget. The just concluded CIDP report, those three days we do sit as a Budget
we also need to discuss that and even in Committee and talk about, and those
other sectors, other Sectoral Committees we documents will be with us for discussion.
also have to look at the CIDP such that Thank you, Mr. Speaker.
when we come up with a final Budget for Mr. Speaker: Yes, talking on the
this Financial Year then it will be a same subject? Ok. Just wait. This
comprehensive one. Based on that Mr. Honorable House has these people who are
Speaker, Sir, I wish to request for three either serving the interests of the County at
working days that is as from Monday to large or at the Ward level of the people who
Wednesday so that we come up with a they are nominated. We do not have the
comprehensive report and I would like luxury of coming here for businesses that
honorable Madialo to second. are not right therefore we ensure more that
Hon. Madialo: Mr. Speaker, I stand we must be doing this, coming here when
to second. Mr. Speaker it will be an we are not ready for Business. We end up to
exercising opportunity to be a registrar in a advice the Majority Leader to liaise with the
Supplementary Budget without Executive and ensure that they facilitate the
demonstrating how we are going to Finance process of having the Appropriation Bill
the Budget. The Finance Bill is not with us. ready by Wednesday 2.00pm and the
Then permit me, Mr. Speaker, to invite my Appropriation Bill should not come alone,
colleague to join me in stressing this point we also want to unite it with the Finance Bill
that we are where we are not because the and CIDP so that we discuss a
County Assembly is not …. These were comprehensive, we have documents that will
supposed to be done by the Executive and address our issues comprehensively.
handed over to the Assembly for committal It is important to note that the people
to the Budget Committee. of Siaya have been lagging behind because
The Executive has failed to do so of obvious reasons and we do not want to be
and they are unable to...recruits, Mr. part of the team that will be lagging the
Speaker it would be in any case a disservice people of Siaya. Services are needed, the
to the people, if we were to address our people need services the three days you have
minds to a budget and then thereafter tell given is just being too lenient. When after
them to pay taxes that we did not ..In the three days it is not yet ready, then you will
Budget for purposes of financing …in the see that the Assembly is powerful. Please
Budget. Mr. Speaker I therefore, I therefore let the documents be ready. Thank you.
urge that we given the time as requested by Next?
the Chairman of Budget Committee for three

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
they were hoping to take the Public Service need to give us recommendations on our
Board to Court or the Assembly, I don’t daily programme. That I say is within our
know. So I think it is an issue that should be oversight role. And may I say that we need
given the seriousness that it deserves. the following copies on that subject:
Thank you. Committee on Appropriate, the Committee
Hon. Speaker: Thank you on Implementation, the Committee on
An Hon. Member: Mr. Speaker, Governance, the Committee on delegated
direct. Legislation and if you can finish this thing in
Hon. Speaker: You want to say one week, next week first of all you sit down
something? you set your proper and I want your copy
An Hon. Member: Mr. Speaker here on five days. Then the following week
direct the issue of employment is exactly an on Tuesday you give us your report or on
issue that is supposed to be within our Thursday whichever is fast that you shall
jurisdiction, it is a wide coverage of the have completed the investigations. Thank
other side. To follow those statements that you.
have been made without proof, we wanted Hon. Speaker: Yes, Honorable
that it get laid before this House I want to John!
direct that further investigations be done on Hon. Gare: Thank you, Mr.
that subject and the following committee Speaker, Sir, I wanted to pass a concern. I
should sit not within three days. The people wanted to request the members of the
of Siaya deserve an answer within various committee…that the committees that
maximum one week. And I want to have been mentioned there, we should also
direct that this committee as I am going know about their sittings so that in case
to mention must meet in public and you there is anybody in the Assembly who has
must invite the following: one, invite the something to present then they present it to
County Public Service Board whose role is them. Thank you Mr. Speaker sir.
recruitment, creation of offices and the Hon. Speaker: That is right, I think
commission of offices. that is right. May the committee submit
They will explain to you why this your paper to the clerk and then the clerk to
recruitment company it just happened, why submit to all members of the County
it was procedural, when it happened and Assembly and there you’ll find also put it on
there take on if serving has happened or not. the board that you will be sitting. The day
You need to invite the HR, to also shed light you will be meeting the Assembly, the
on the staff base as at the time this Service Board, the day you are meeting the
County Assembly or the County people themselves who have been hired to
Government came in place, …surface, all sit in those I do not know whether they are
these people are, …or not, and then the there or not there, so you also invite the
admiration. You need to talk to the payroll people also to be there because this one,
and get evidence on who these people are they are people from Siaya, two these are
how much they are earning and finally you

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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
resources from Siaya. So that is important. Hon. Member: So as the…. of this
Noted. Assembly, a member cannot serve in more
Hon. Ogutu: Thank you Mr. than three committees. And what I would
Speaker, I also have concern concerning the like to say that I think if you are in more
shortage of water in Siaya for the last than three or four committees, you are not
three weeks. It has come to our notice as the contributing wisely to the Assembly.
leaders in Siaya and we are really talking a Therefore,
lot. Therefore I would like the committee of Mr. Speaker: Honorable Rose your
water to make the Executive through their point is your seeking the indulgence of the
minister and tell the people of Siaya why Speaker to consider the inclusion of
there is no water for the last three weeks. nominated members in other committees
Another concern if you allow me, Mr. isn’t it?
Speaker, An Hon. Member: Yes!
Mr. Speaker: Point taken
Mr. Speaker: Continue, this your Hon. Member: Thank you.
maiden speech has she done it before? Mr. Speaker: So I want to request
Hon. Member: She has not! the Assembly to be lenient with procedures
Mr. Speaker: She has not? You especially for the new people. Because if it
can speak even up to tomorrow is learning case sometimes we make
Hon. Ogutu: Thank you Mr. mistakes but if the intention is not to break,
Speaker, I also have a concern on the the intention is to communicate then we just
additional committee sittings to the be very lenient. Honorable…you already
Honorable members to the Honorable know the rules what else do you want to
County members of this Assembly. I ask?
thought they said that we request you An Hon. Member: Just a concern,
through the Chief Whip or the Chief Whip Mr. Speaker.
through you I stand to be corrected because I Mr. Speaker: Yes, please!
am a bit annoyed that we be given additional An Hon. Member: Thank you Mr.
committee since we think that other Speaker, Mr. Speaker I am sorry there is an
Honorable members have more than enough issue that is pressing me here.
committees in the House. And therefore that Mr. Speaker: Say it!
makes them incompetent. An Hon. Member: When we are
Hon. Speaker: Hello Excuse, what outside there Mr. Speaker, about this budget
did you say? there are a lot of utterances that sometimes
An Hon. Member: That makes comes from the Executive. When they are
them maybe they can’t meet all the asked why there is no water in Siaya they
requirements that should be met. say that MCAs have refused to pass the
An Hon. Member: Incompetent budget. So I don’t know who is or why is
An Hon. Member: I withdraw this budget being delayed. Is it the problem
Mr. Speaker: Proceed! of this Assembly or it is the problem of the

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Executive? And we also be informed if it is Mr. Speaker: Yes!
the Executive that is delaying this An Hon. Member: When you were
budget they should come out and say making communications from the Chair, you
because when we are walking out there, we talked of certain members who were
are told we cannot make the roads because supposed to be in Nairobi concerning the
you have refused to pass the budget. Today salary issue. Is it not supposed to Mr.
it is being extended. Number two Mr. Speaker sir? So my worry is the team that is
Speaker, we want the copy of this budget supposed to be in Nairobi tomorrow, have
whether it is the one to be presented or the they talked to members whether they know
proposed one. We want to have it so that we the position of members as at now? Thank
can also go through it see what is what in you very much.
that budget. Mr. Speaker: It was not; the thing is
We are tired when we walk outside that they are going to talk about; they are not
there somebody is asking you that this is going to decide this proposal. They are only
there in the budget? Yet we don’t know seeking things then when they come back,
exactly whether it is there or not. Mr. the governing council is going to discuss the
Speaker it is also our concern it is known proposed salary increment. Then they will
that we are only having first month to come back to the Assembly and share with
implement this budget. It is not easy as you, you the decision of the governing council.
Mr. Speaker: Are you talking about Then there are things you will seek to know
the budget? The budget will be discussed on ok? Thank you so much. There being
Wednesday. no other business, this House stands
An Hon. Member: Thank you, Mr. adjourned until next week Wednesday at
Speaker. 2.00 p.m.
Mr. Speaker: You have also pressed
those matters that were pressing me now.
An Hon. Member: Just one minute,
Mr. Speaker.

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

Wednesday, 4th December, 2013

PRAYER

Hon. Speaker: You are the budget committee by giving a report on

presenting the petition? the Supplementary Budget of the Financial
Hon. Oriaro: Mr. Speaker I was in a Year 2013/2014.
rush moment, I went; I understand that I was Mr. Speaker, Sir, on behalf of the
suffering from dire sweat. Members of the Budget Committee and as
stipulated in Article 223A and Article 244 in
(Laughter) the Constitution of Kenya 2010, as well as
Hon. Speaker: The Speaker will the rise in provision of finding..,2013, I take
grant you leave to go and either continue this opportunity to present to the House the
with the Business or you present it next committee report on the Supplementary
time. Thank you, honorable Oriaro. Next Budget 2013/2014 and appropriation of the
order! same. The basis Mr. Speaker was
Hon. Odinga: Mr. Speaker sir, I rise 2013/2014 Budget and Appropriation Bills
to give a Notice that I am to move the as passed earlier by this House Kshs…. by
motion of County Appropriation Bill 30th June 2013. Mr. Speaker sir, the Budget
[Link]. Speaker, Sir, as I gave a Notice Committee as currently constituted,
earlier I wanted to request that this order comprises of the following Members;
number eight is still a motion of
 Hon. George Odinga -The Chair
Appropriation of County Appropriation Bill
 Hon. Peter Muhula, -The Vice
2013 but right now after giving my report
Chair
that is order number nine, I request that if
 Hon. Nicholas Aneme -Member
you can allow me to move the Procedural
 Hon. Sylvester Madialo-Member
Motion after giving the report to submit
the Supplementary Budget. Thank you.  Hon. Jared Abayo - Member
Hon. Speaker: I grant, go ahead.  Hon. William Agoko -Member
Hon. Odinga: Thank you once again  Hon. James Otare -
Mr. Speaker sir and my colleague Honorable Member
Members. I want to believe that it is a cool  Hon. Kawour - Member
evening that has not …report for the  Hon. Mathew Onduru -Member.
Members. And I believe that by now in this  Harriet Odera - Secretary.
House, I want to give a brief report on the Mr. Speaker, Sir, it is important to
County Government of Siaya, know that the New Constitution has given
Supplementary report for the Financial Year the County Assembly a long expanded law
2013/2014. Mr. Speaker sir I will start by in budget making process. It has taken the
giving a background of the committee that is role of the Assembly from budget approving

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institutions to an institution that also Mr. Speaker, Sir, the details of
involves the budget making process. Indeed revenue and expenditure are as stipulated in
there is the possibility that the Members the Appropriation Bill 2013of all to 2013
understand the position, allocation, that is of today. It is also noted that the
monitoring and even consulting. Mr. following departments, ministries are ones
Speaker sir, this committee was legally which are so devolved and that are fully
constituted under Standing Order number budgeted for in the Supplementary Budget
127, the committee also has the provision of of the Financial Year 2013/2014. We have
the Constitution of Kenya 2010, Article Agriculture, Environment and Natural
221(4) and the County Finance Management Resources, Education, Youth Affairs and
Act of 2010 Section 131. Social Development, County Town
The committee also has powers over Services, Principle Planning and
County’s Finance Management Act 2010 Development, Public Works and Services,
Section 135 on preparation and the Transport, … Development, Finance and
submission of the Supplementary Budget Economic planning and Town and Social
which in our hand for consideration. Services. Mr. Speaker sir this Committee
Under examination and preview, we recognizes that the County Assembly allows
say that during examination and preview by this Supplementary Budget will go to some
2013/2014 County Budget, the committee fewer Members as many may be mention of
held meetings with the following: The CEC this House. So that we can give services
in charge of Finance, Principle Finance required to the County residence as time is
Officer and his budget team, Members of the not on our side. Allow me to mention the
County Assembly and in charge of the following Mr. Speaker sir that this
Budget of the County Assembly. Mr. committee is very grateful to Members of
Speaker sir, after all discussions at different the County Assembly, the Speaker and his
levels the budget was reviewed as follows: office, the clerk and his office, and
everybody that participated in the review
1) On the National Government Land, Ksh. and preparation of the County
3,972,000, Supplementary Budget of the Financial Year
2) On Local Development Ksh. 2013/2014.
153,100,439 Lastly, I want to sincerely thank
Giving a total of Kshs. 4,125,100,439. Members of the committee who exhibited
their ability and also worked tirelessly to
Expenditure under…Kshs. 2,872, 308, 845 ensure successful preparation of the County
On development expenditure Kshs.1, Supplementary Budget of the Financial Year
251,210,068. 2013/2014. Thank you all and may God
bless you and all the Members. Mr. Speaker
Giving a total of expenditure of Ksh.
the House speaks for itself and I would want
4,188, 518,913
to request that this House do consider
Meaning there is a surplus of Ksh. 1,181,
adopting this document so that this County
926.
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2013 COUNNTY ASSEMBLY OF SIAYA DABATES
does not fall into problems about the people. the authority of this House is again
I would now like to table the report for bestowed to the Honorable House of the
further debate. Thank you, Mr. Speaker. County Assembly of Siaya. If we oppose
Hon. Speaker: Thank you. With that, Honorable Members it will be a very
that presentation of the report, I want to ask big challenge and it will impact either in the
the Chairman Hon. Madialo to come as I year physical 2013/2014 and we start again
commit that report to the committee of the or, the people we say we represent in this
whole House to consider debating it before Honorable House will have to be arranged
we resume further business. Hon. Madialo. and because of poor planning and because of
Hon. Madialo: Thank you poor provision we fail to keep a tangible
Chairman. I want to urge this House to thing in line with the development
adopt the report of the committee without or aspirations as they look for us maybe in the
with minor amendments. And I will request year.
Honorable Muhulah to second. It is very necessary Honorable
Hon. Muhulah: Mr. Chair, thank Members that we have to move with speed,
you so much. I will equally do appreciate and it is not just a speed for the sake of
the committee for doing a wonderful job. speed, it is a speed by a heavy watch.
Mr. Chair Supplementary Budgets are Watching the responsibility that we must
normal occurrence in any economy Mr. just to do the right thing at the right time
Speaker. There are a lot of reasons why because that is what the efficiency and the
budgets we have always been effectiveness of this Honorable House.
supplementary. B) It is a intercessory thing and it is
I want to assure the Honorable my problem to go to a Budget that is not
Members that again should there be going to be passed, to start again
anything that oppose a vote….you will be recollecting and putting the points where
forced to bring a Supplementary Budget in they can be used best within this short time
this House. Mr. Speaker, Mr. Chair, we to go inside to the National Government and
have already highlighted what is stipulated true indeed the County Government have
in the Supplementary Budget before the enough absorption House and capacity to
House. honour itself. If any information here comes
Some of them are very critical that up with a challenge that the County
there is no way out the committee of Government failed to undertake the
Finance could have done as an indication to responsibility in terms of government, that
purport ray. Mr. Chair, it is within this one will show a very bad indication to the
dignity that we solve this thing to bring the National Government that truly indeed we
Supplementary Budget in this House. More cannot manage ourselves. Mr. Chair
as we all know, the success as at now is the I once again want to appeal to the
first and the committee to pass the budget, Honorable House passing this budget and
is the stop of the Honorable House of the allowing County Government to go and
County Assembly of Siaya. Equally again

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stand …., we do need to aim higher than the Hon. Speaker: Order what is the
way you were yesterday. noise about?
Our reputation to the people who Hon. Madialo: Mr. Speaker with
incurred the responsibility by the amendments, the… development allocation
Constitution of Kenya and that we call the from Kshs.30, 000,000 to Kshs. 29,500,000.
Sovereignty. That truly you are going to … Hon. Speaker: Honorable Odinga.
Consideration of the people. Please let us Hon. Odinga: Mr. Speaker, I beg to
support this document and let’s pass it. I agree with the report of the Committee of
want this document to be passed with the the whole House that the House adopts the
Chair as I stand to support it with an report with one amendment that was on
amendment or a typological error which typing error so I beg to move.
instead of reading 39 million five hundred Hon. Speaker: Thank you. I will
thousand read 30 million five hundred propose the question which is that the House
thousand. Mr. Chair I stand to support this do agree with the committee of the said
document. Thank you. report then I will put the question, which is
Hon. Madialo: Honorable Members that the House do agree with the committee
may I now put the question that the in the said report, may as many as of that
committee does consider the Siaya County opinion say Aye
Assembly Budget Committee report on
Hon. Members: Aye
Supplementary budget for the Financial
Year 2013/2014 and the report may be Hon. Speaker: And as many as of
adopted in this House. I now put the the contrary opinion say Nay.
question that this committee, being brought An Hon. Member: Nay
to the House, its consideration on the budget Hon. Speaker: The Ayes have it.
report of the Supplementary budget of the Next!
Financial Year 2013/2014 and thus adopt it
as a report of this ... May as many as of the Hon. Odinga: Thank you once
same opinion say Aye, again Mr. Speaker sir. First before I move
Hon. Members: Aye my procedural motion on the Appropriation
Hon. Madialo: May as many as of Bill in the year 2013/2014, I want to take
the contrary opinion say Nay this opportunity to thank my colleagues for
An Hon. Member: Nay seeing that really we need this service to
Hon. Madialo: The Ayes have it. move the grades of the Siaya County. I want
Hon. Madialo: Mr. Speaker sir, I to thank them sincerely. And also I want to
beg to report that the committee of the say that in my opinion I am also allowed
whole House has considered the budget because in a society service complete the ..
committee’s report and Supplementary is there, it is never complete though given
Budget of the Financial Year 2013/2014 and right---
adopted it without amendments. Another thing Mr. Speaker sir, I
want to congratulate the Members of the

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241
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
committee because they sacrificed a lot to results to reducing the application period for
make sure that this document goes down to Siaya County Appropriation Bill County
Mwananchi. Mr. Speaker I have been given Assembly Bill number 23 of 2013 from
a notice that I would like to move a seven days to one day. And I put the
Procedural Motion on the County question, may as many as of that opinion say
Appropriation Bill in the year 2013/2014. Aye!
Mr. Speaker, Sir, because of time, Hon. Members: Aye.
because we are behind schedule;we are Hon. Speaker: And may as many as
behind in terms of implementation of this of the contrary opinion say Nay
budget, I was asking this House, this House An Hon. Member: Nay
of rules and procedures that it may consider Hon. Speaker: The Ayes have it.
reducing the publication days from seven to Next!
one. Because Mr. Speaker sir, once we have Hon. Odinga: Mr. Speaker, Sir,
approved this budget, this Appropriations again I want to thank Members as I can see,
Bill is the one going to allow the study of the Members are very serious in this
the same. If we are saying today that we development aspect of this County. Now
pass the budget and we want you to start based on that Mr. Speaker sir, I want to
operating, then it goes without say that we request, I want to know that this Bill, the
also have to consider reducing the days of Appropriation Bill 2013/2014 be read for the
completion of the finance of Appropriation first time. Mr. Speaker sir I would call upon
Bill from the normal seven days to one, Honorable Aneme to second that the Bill be
which is today. With those few remarks I read for the first time.
will request Honorable Kawour to second. Hon. Speaker: Honorable Aneme.
Thank you. Hon. Aneme: I rise to second the
Hon. Awour: Mr. Speaker I stand Bill be read for the first time
here to second the motion that the Bill as Hon. Speaker: Next.
presented by the Chairman. I want to say, Hon. Odinga: Mr. Speaker sir, just
Mr. Speaker, that this is what will really as I requested earlier,
help us get the money and it is in the public Hon. Oriaro: Point of order, Mr.
domain that if it is not done today I think Speaker.
you are going to lose. So I beg Mr. Speaker Hon. Speaker: Yes, Honorable
that I second this Bill. Thank you, Mr. Oriaro.
Speaker. Hon. Oriaro: It is procedural that
Hon. Speaker: You second the that which is being read we operate in
procedural motion, deduction of time? consonance with this move, so Mr. Speaker
Hon. Awour: Yes from seven to sir it is my wish that I be supplied with it so
one day. that we move in consonance with one
Hon. Speaker: Thank you. Then I another.
put the question that pursuant to provision
Standing Order number 117, this House

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242
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Speaker: Copies please, that is Hon. Speaker: Next!
a serious omission. How could you fail to Hon. Madialo: Honorable Members,
give honorable Oriaro his copy? we have gathered as the committee of the
Hon. Oriaro: The entire Members whole House and I call upon the Chairman
do not have copies Mr. Speaker. of Finance Budget and Appropriation to
Hon. Speaker: Order. There is a move.
Chair in this House, Honorable Members. Hon. Odinga: Thank you,
Order, Honorable Odinga, Honorable…do Chairman, as I requested when I moved the
you have it? procedural motion to have the Appropriation
Hon. Oriaro: It has just been Bill be reduced from seven days to one day
presented; Lorna doesn’t have it, Mr. and also be passed today and it was passed
Speaker, Sir. in the first reading, second reading where it
Hon. Speaker: Take your seat. Yes allowed for debate and also I request Mr.
proceed. Chairman that the Appropriation Bill 2013
Hon. Odinga: Thank you, Mr. be put for debate and be adopted by this
Speaker, Sir. Just as I have said, if there are committee without amendments. Thank
accusations, that this Appropriation Bill has you, Chairman and just another request,
not been given to any Member, Honorable Abayo to second me on that.
Hon. Speaker: Honorable Odinga, Hon. Abayo: Chairperson I rise to
proceed. second this Motion that it be be discussed by
Hon. Odinga: Mr. Speaker, Sir, you Members of the House. Thank you.
have ruled. Hon. Madialo: Honorable Members
I will now request the Clerk to read the
Hon. Speaker: I have given a clauses.
ruling, I am not ruling again.
Hon. Odinga: Mr. Speaker I said as (Clerk-at-the Table read the clause)
I said earlier want I to congratulate and I
Hon. Madialo: I will propose the
want to thank my colleagues because they
question that Clause (ii) be part of the
had seen the sense, the need of passing the
Appropriation Bill and they even agreed to Bill. I put the question that Clause
reduce the seven days to one. two be part of the Bill. May as many as of
They even agreed to reduce, to the similar opinion say Aye
allow the reading of the County Hon. Members: Aye
Appropriation Bill for the first time. I am Hon. Madialo: May as many as
those of the contrary opinion say Nay
now requesting that I beg to move that the
Bill, The County Appropriation Bill 2013 to (Silence)
be read for a second time. I would like to
request Honorable Otare to second me. Hon. Madialo: The Ayes have it.
Hon. Otare: Thank you very much Hon. Madialo: I propose the
Mr. Speaker. I do second that the Bill be question that Clause (iii) be part of the Bill.
read for the second time. I put the question that Clause (iii) be part of
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243
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
the Bill. May as many as of the similar Hon. Were: Mr. Chairman I rise to
opinion say Aye second that the Title be corrected. Thank
Hon. Members: Aye you.
Hon. Madialo: May as those are of Hon. Madialo: I propose the
the contrary opinion say Nay question that the title, that space be created
between the words; County and
(Silence)
Appropriation, between the words; County
Hon. Madialo: The Ayes have it. and Appropriation. Now I put the question
Hon. Madialo: I propose the that the Title be corrected for the sense that
question:- a space is created to separate the Words
THAT the Schedule be part of the Bill. I put County and Appropriation in the Title. May
the question that the Schedule be part of the as many as are of the similar opinion say
Bill. May as many as of the opinion say Aye.
Aye. Hon. Members: Aye
Hon. Members: Aye
Hon. Madialo: May as many as of Hon. Madialo: May as many as of
the contrary opinion say Nay. the contrary opinion say Nay.
Hon. Madialo: The Ayes have it.
(Silence)
Hon. Madialo: I propose the
question:- Hon. Madialo: The ayes have it.
THAT the Title be part of the Bill. I Hon. Madialo: I propose the question that
put the question that the Title be part of the Clause (i) be part of the Bill. I put the
Bill. May as many as are of the same question that Clause one be part of the Bill.
Opinion say Aye. May as many as of the similar opinion say
Hon. Members: Aye Aye
Hon. Member: Mr. Chair in the Hon. Members: Aye
title, there need to be a space between Hon. Madialo: May as many as of
County and Appropriation. the contrary opinion say Nay
Hon. Madialo: Move a motion.
An Hon. Member: I want to move (Silence)
a motion that there should be an amendment
Hon. Madialo: The Ayes have it.
to create the space between County and
Hon. Speaker: Thank you.
Appropriation at the Title of this
Hon. Madialo: Mr. Speaker sir, I
Appropriation Bill. I just noticed Mr.
want to report that the committee of the
Chair, that it is a typing error so if you
Whole House has considered the Siaya
would allow that one Mr. Chair to be
County Appropriation Bill of 2013 and
corrected. I call upon Honorable Were to
approved the same with amendment.
second.
Hon. Speaker: Chairman,
Honorable Odinga!
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244
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Odinga: Mr. Speaker sir, I beg Hon. Speaker: The ayes have it.
to move that the committee do agree to pass Honorable Chairman, may you reply!
the report by the whole House. Thank you, Hon. Odinga: Mr. Speaker, Sir.
Mr. Speaker, Sir.
Hon. Speaker: And I propose the
question, which is of the Siaya County
Appropriation Bill 2013 be approved with
amendment and I put the question which is
that the Siaya County Appropriation Bill
2013 be approved with amendments. May
as many as of that opinion say Aye
Hon. Members: Aye
Hon. Speaker: May as many as of
the contrary opinion say Nay.

(Silence)

REPUBLIC OF KENYA

SIAYACOUNTY ASSEMBLY

THE HANSARD
First County Assembly-First Session

The House met at the County Assembly chambers at 2.30 p.m.

[The Speaker (Hon. Okode) in the Chair]

PRAYER

Hon. Deputy Speaker (Hon. have done and how much we still need to
Adera): Honorable members, it is a great do. From next week on Tuesday we will be
opportunity that we are assembled in sitting and we expect Chairmen of various
this Assembly today. It has been a long committees to table reports of their various
journey since we went on the recessed sine committees. We should know as a House or
die and today we are back in the Assembly. as an Assembly how much the committees
I wish to welcome you all; I know we have have done and plan for the next sittings so
been having our sessions while other that we are at par.
Assemblies went on sine die. Siaya being a If the committee on Water seats and
unique County we had several matters that the Committee on Education does not know
we had to put our sine die aside and to what the Committee on Water has done then
attend to House activities. I want to we may be moving on different levels. It is
appreciate your efforts that you have always our right and our duty to know what we
made, you have sacrificed even when people have all done as a House, so various
went on recess sine die we decided to come Chairmen of various committees kindly
back to the Assembly and do Businesses of prepare yourselves with the various reports;
the Assembly. Thank you so much for that we want to table them by Tuesday. Thank
good gesture. you.
I want to believe that from today we Hon. Deputy Speaker: Honorable
will carry on with our Business of the Oriaro!
Assembly as usual, we have several Bills Hon. Oriaro: Thank you, Mr.
that have been lined up for deliberations and Speaker. I arise on a petition …
it is my belief that before we break or before Hon. Deputy Speaker: Honorable
you go on recess we shall have passed Oriaro, I need to have a look at the copy of
enough/a number of the said Bills. So your petition.
honorable members you are most welcome Hon. Oriaro: Mr. Speaker, as a
and if there is any other member with any representative, I confess that this House is
activity or any Bill then I want to urge you letting me down because I brought this to
to register the same with the office of the your notice as early as 10.00 a.m. today, Mr.
Clerk so that it is put on the Order Paper Speaker, Sir.
then we can debate on it. Hon. Deputy Speaker: Okay we
We have been sitting as committees appreciate, I saw a copy in the office and
and it is high time you bring reports through when you came to the office you took again
the Chairmen of various committees so that the same copy. I just wanted to make a
we evaluate ourselves and see how much we correction so that we are together; you

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246
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
should not think that I am thwarting your Hon. Adida: Thank you Mr.
attempt to get rid of … Continue honorable Speaker. I wish to move a Notice of Motion
Oriaro. I have received the same and I will on Bursary Fund 2013.
give you the opportunity. Hon. Deputy Speaker: Honorable
Hon. Deputy Speaker: Mr. Ombiyo you have an issue? You have a
Speaker, Sir, I want to inform the House that Notice of Motion.
…while the conflicts have led to collapse of Hon. Ombiyo: Yes Mr. Speaker I
crops husbandry in Central Alego in each of have a Notice of Motion.
its 8 sub locations that I currently represent Hon. Deputy Speaker: Okay.
in this honorable House. My appeal is that Hon. Ombiyo: Thank you Mr.
the House especially approves a committee Speaker. I rise to move a Notice of Motion..
on every… and wildlife. Practical Hon. DeputySpeaker: I will excuse
installation towards the (sorroundment) of you it is not in the Order Paper but I will
such conflict once and for all. I want also to save your Notice of Motion but by the time
bring to the attention of this House that of the session the Order Paper was already
Wildlife in this whole fiasco include the out so you will bear with us members. I
wild beasts, the hippos. know it will disturb your minds, how comes
I want also to note Mr. Speaker that he is moving a Notice of Motion which is
hippos and wild beasts are joined in this not in the Order Paper. We did receive it,
queue by hyenas and leopards that cause we have it in our office but by the time he
havoc to the farmers and livestock. They brought it the Order Paper had been
are as well demonstrating the capacity to prepared and circulated. Honorable Ombiyo
causing vital lifelong and physical damages you can precede.
to the local community and of course to the
Hon. Ombiyo: Thank you, Mr.
communities within the facility of my area.
Thank you, Mr. Speaker, Sir. Speaker. May I rise to move a Notice of
Hon. Deputy Speaker: Thank you, Motion on County Assembly Mortgage
honorable Oriaro. I wish to advise you to Fund 2013, that is Motion number one and
leaise with any member on Standing Motion number two .The Ward
Orders then I want to invite you to consult Development Fund 2013. Thank you, Mr.
Speaker.
Standing Order number 195 (1,2,3) and
especially part 3 then you will see where we Hon. Deputy Speaker: Thank you.
are heading to. On that note I will advise Next order!
you, I will direct as the Chair or as the
Speaker that the petition will be brought Hon. Deputy Speaker: Honorable
back to the Assembly after 7 days, that is as Adida!
far as the Standing Orders. Thank you. We Hon. Adida: Thank you Mr.
can move to the next order. Speaker. I wish to move a Motion of
Hon. Deputy Speaker: Honorable Bursary Fund Bill 2013 and Mr. Speaker we
Adida. realize that this Bill is very important

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247
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
especially at this moment and time as we members we are representing the interest of
realize that education is the key and is the our people and we know what is exactly
utmost we can give to students especially there, every single morning any member of
those in secondary and those in the the County Assembly we will receive one or
university and even our needy students at two visitors in his home just talking about
the primary level. Honorable members if school fees. I want to say this is one of the
this Bill could sink through it will be of very remedies, this is one way we can actually
great benefit to our students. I wish to call remedy the problem of school fees in our
honorable Omollo Kowii to second. Thank place.
you. I am sure this is one Bill that will
Hon. Deputy Speaker: Yes, also make you be people in the .. just like
honorable Kowii! the honorable MPs have their Bursary Fund
Hon. Owii: Thank you Mr. Speaker actually in their set up. This is what we are
sir. I rise to second the Motion on Bursary trying to establish here which will change
Fund Bill 2013 that has been tabled by even our status. People will see us as people
honorable Lorna Adida. Mr. Speaker sir all who are considerate, not just doing projects
of us know exactly one of our mandates of and forgetting education and Siaya is known
being here is representation and we are for education. That is the best leadership
representing the interests of people, our that we can actually have around here that is
society. We have the orphans, Mr. Speaker education for our children. I support and I
sir we know the death rates in our am sure honorable members will accept this
community that is the Siaya community the Bill to see the light of the day. Thank you
results of HIV/AIDS. Mr. Speaker sir we very much, Mr. Speaker, Sir.
know the problem of poverty in this
Hon. Deputy Speaker: Thank you
particular region, the poverty index Mr.
Speaker sir, Siaya is rated to be one of the honorable Kowii. Honorable Lorna Adida
poorest and I want to say that quite a now that the Bill has been seconded would
number of our students both in secondary, in you want the Bill to be …to.
the middle colleges and the universities are Hon. Adida: Honorable Speaker I
falling out of school as a result of poverty, know rise to request for the Bill to be read
for the first time.
as a result of lack of school fees and if we as
Hon. Deputy Speaker: I will put
a House would accept to let this particular
the question that the Bursary Fund Bill 2013
Bill see the light of the day I am sure Mr.
be read for the first time. May as many as
Speaker sir we will save the lives of our
people. are of the same opinion say aye?
We have quite a number of people Hon. Members: aye
who will be engineers, who will be doctors Hon. DeputySpeaker: May as
many as are of the contrary opinion say nay.
that if they fall out of the way simply
because of poverty index, simply because of (Silence)
the death rates. I am sure as honorable

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248
2013 COUNNTY ASSEMBLY OF SIAYA DABATES
Hon. Deputy Speaker: The ayes here? What about his deputy? Both are not
have it. Let the Bill now be read for the first here?
time. Hon. Deputy Speaker: I am
directing that he responds to the issue on
(Bill read) Tuesday afternoon. Next!
Hon. Deputy Speaker: I will Hon. Deputy Speaker: Honorable
commit the same Bill to the Education members it seems that there is no other
Committee and Legal and Constitutional Business and one of the members can move
Affairs Committee. Next order! the Motion on adjournment. Honorable
Hon. Deputy Speaker: Statements. Kowii! Okay, honorable Ombiyo!
Honorable Muhulah. Hon. Ombiyo: Thank you, Mr.
Hon. Muhulah: Thank you Mr. Speaker. There being no other Business I
Speaker. I rise Mr. Speaker to seek some stand to move that this House stands
statement, one Mr. Speaker on the plight of adjourned and I request honorable Majority
the Ward Offices of honorable Members and Leader to second.
also on the issue of furniture for the said Hon. Deputy Speaker: Honorable
offices Mr. Speaker. Number two Mr. Ombiyo, you can only request!
Speaker I wish also to make a statement Hon. Ombiyo: Mr. Speaker, I move
from the Agricultural Sector on the position a Motion:-
of the County Government on the issue of THAT the House adjourns. Thank you.
farm inputs, fertilizer and seeds. Mr. Hon. Deputy Speaker: That is now
Speaker, thank you. proper. Who is seconding you?
Hon. Ombiyo: Majority Leader will
Hon. Deputy Speaker: Thank you. second the Motion.
Is the Chairman dealing with Ward Offices
around? There is a committee which we Hon. Deputy Speaker: The
created to look into the issue of Ward Majority Leader, honorable Otieno.
offices. I believe it is honorable Madialo. Is Hon. Otieno: Thank you, Mr.
he around? The said honorable member is Speaker, Sir. I rise to support the
not around; I will direct that he responds to adjournment of the House.
the issue on Tuesday afternoon. The same Hon. Deputy Speaker: Honorable
applies to Agriculture. Majority Leader do members, being our first day, I realize that
you have any word on the same? we did not have much on our Order Paper. I
Hon. Otieno: Thank you Mr. therefore grant the prayer that this House
Speaker sir. Just as you said the concern adjourns until Tuesday in the afternoon. I
raised by the member of West Alego you now put the question:-
will get the response on Tuesday afternoon. THAT this House adjourns until Tuesday, at
Hon. Deputy Speaker: What about 2.00p.m. May as many as are of that
Agriculture? Is the Chairperson Kawuor opinion say Aye?
Hon. Members: Aye

Hon. Deputy Speaker: The Ayes

have it.

APPENDIX

THE HANSARD TEAM

DEPUTY EDITOR

Mr. T, O. Owenje

REPORTER

Ms. J, J. Ambunya.

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