NANDI COUNTY ASSEMBLY OFFICIAL REPORTnandiassembly.go.ke/wp-content/uploads/2018/01/... · Hon....

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07 Dec, 2017 ASSEMBLY DEBATES

NANDI COUNTY ASSEMBLY

OFFICIAL REPORT

Thursday, 7th December, 2017

The House met at 9:30 am

The Speaker (Hon. Joshua Kiptoo) in the Chair

PRAYER

QUORUM

Hon. Speaker: Can the Clerk confirm if quorum is sufficient

(The Clerk confirmed that quorum was not sufficient)

Hon. Speaker: I direct the Sergeant-at-arms to ring the bell.

(The bell was rung)

(The Clerk confirmed that quorum was sufficient)

PAPER LAID

Hon. Komen: I wish to table before the House the documents of Irene Chepkorir Choge and other

documents that accompany.

Hon. Speaker: I acknowledge that what was requested has been tabled. We have the original self-

declaration and duly prepared report of all the unsuccessful candidates in the County Assembly

Service Board.

MOTIONS

ADOPTION OF NANDI COUNTY ASSEMBLY SERVICE BOARD REPORT ON

APPOINTMENT OF TWO MEMBERS OF PUBLIC TO SERVE IN THE NANDI COUNTY

ASSEMBLY SERVICE BOARD

Hon. Speaker: Hon. Members, the Motion had already been moved and seconded, the Motion

was adjourned because of the requested documents, kindly proceed.

Hon. Rono Emmanuel: Thank you for submitting the documents for Irene Choge, the documents

submitted are PIN, not tax compliance, for Members who have---

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Hon. Kipkemboi: Kibali kutoka kwa Tume ya Maadili na Kupambana na Ufisadi imepatikana

leo. Siku ya maojiano mlitumia nini ndio mkaamua kwamba alifaulu? Lazima mtu awe na

stakabadhi zote.

Hon. Speaker: Kuanzia jana waheshimiwa waliposema wanahitaji stakabadhi haya, tumeleta na

kama wabunge mdhibitishe kama ni za kweli ama hapana, kisha Mhe. Komen ajibu maswali.

Hon. Kipkemboi: Kibali kutoka kwa Tume ya Maadili na Kupambana na Ufisadi imepatikana

leo. Bodi hii ilifikia vipi maamuzi yake?

Hon. Speaker: Mhe. Komen atajibu maswali.

Hon. Rono Emmanuel: Thank you. The Board in its advertisement informed the candidates to

attach compliance certificates in their CV’s. There was no way Irene could be shortlisted. The

document brought is not stamped, it is for 7th December and it expired on August 22nd 2014. She

did not meet the minimum requirements. We will not discuss.

Hon. Speaker: Hon. Member, you cannot say we will not discuss, say we will not pass.

Hon. Kipkemboi: Kibali kutoka kwa Tume ya Maadili na Kupambana na Ufisadi imeletwa leo.

Kama kamati ilifanya kazi nzuri, mbona walimchaguwa Irene Choge? Si halali.

Hon. Speaker: Hon. Member, you discuss because we want to discuss issues. Today you shoot

yourself on the foot by saying you will not discuss, make your stand. Yesterday I adjourned to

allow you get the documents, discuss, it is your right, make your submission.

Hon. Kipkemboi: Ukisema hivyo tunakosa kujua kama Bodi hii ni ya haki. Jana tuliacha kujadili

kwa sababu ya makosa, leo bado tunaona makosa, kama kuna mambo hayaendi vizuri, hatukubali.

Hon. Speaker: Tunakubali maoni yako, tunakupa wakati wako kujadili. Sikubaliani nawe kusema

hatutajadili. Ukipata nafasi chukua msimamo wako, hiyo ni jambo tunataka tukubaliane. Tuwape

wengine nafasi pia wawe na msimamo wao.

.

Hon. Rono Emmanuel: Is the Board above Board? We should give a guidance to the Assembly.

By presenting a candidate that does not comply and has not qualified tells a lot about the Board.

That is why I am saying it is hard to discuss a person who has not qualified. As a Member, I was

required to comply and I did, why endorse a candidate that has not qualified, this is a form of

falsification. It is fraud.

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Hon. Speaker: Hon. Member, you need to substantiate because falsification is a criminal offense.

You need to present the falsification and the House will have the mandate to see its veracity. It

will look bad on you if it is confirmed that the documents are valid. You can have a problem with

the dates. Hon. Kipkemboi said the stamping is an issue, as to whether it is original, you need

authority, give the House the facts. Police clearance including the other document should come

out clear that the same are forgeries so that we have it on record that would mean the same the

Board will have them verified, if it found not to be true, you will be censored for that.

Hon. Kipkemboi: Yule aliyekuwa kwenye nafasi ya pili akienda kotini kushtaki kuwa aliyepewa

nafasi hakuwa na stakabadhi zote, kamati itakuwa na nini la kujitetea? Lazima tuseme na

tuelewane kwasababu kuna uwezekano kwamba kuna mtu ataenda kotini. Makosa imepatikana

mara ya tatu.

Hon. Sing’oei: Stakabadhi hiyo imeletwa leo. Tuelezwe kwa nini hakuleta wakati wa kuomba

kazi.

Hon. Rono Emmanuel: Two documents were required, EACC clearance and tax compliance

certificates. They were brought this morning, EACC that can be given a benefit of doubt and we

do not have tax compliance certificate.

Hon. Serem: I rise to say that I have a document with tax compliance certificate. It is dated 4th

November 2017. It is to confirm that Irene Chepkorir Choge PIN A002851288B has filed relevant

tax returns and paid as provided by law. This certificate will be valid for 12 months up to 3rd

September 2018, it is available.

Hon. Rono Emmanuel: It is available. I have seen it. I withdraw.

Hon. Sing’oei: Kama Bodi imeona watu hao wanafaa, tuipitishe ripoti kisha kazi ianze. Hii kazi

haitatosha watu wote.

Hon. Sanga: I stand to inquire before I contribute. For how long does an EACC document remains

valid?

Hon. Speaker: Hon. Member, I will give a ruling after consultation. The tax compliance

certificate expires.

Hon. Kipkemboi: Wakati huyu mama alitengeneza yake wa mwaka wa 2013, nilitengeneza pia

mimi mwaka huo. Mwaka huu tukiomba kura tukaulizwa nyingine.

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Hon. Kipkurui Chepkwony: On the issue surrounding the EACC certificate, what we have here

is the self-declaration form. We do not have a certificate, what it does is, you declare that you meet

chapter 6 of the Constitution then the institution that asked for your certificate is given directly. In

this case the County Assembly Service Board, look at page 3 item 8, the state officer to which the

declaration is submitted, this self-declaration serves as a basis if anytime Irene is thought to have

gone against chapter 6, she will have misinformed the House by bringing this here, we do not need

a certificate, none of us has ever gotten that.

Hon. Sanga: The Board should admit the mistake. The best has been chosen, let us pass this though

the Board should admit that there was a problem.

Hon. Kipkemboi: Mheshimiwa aliyeongea hakusema anaongea kwa hoja ya taarifa ama hoja ya

nidhamu, amesimama tu na kuchangia.

Hon. Speaker: Alikuwa anachangia kisha nikamsimamisha awali, nilimpa nafasi.

Hon. Kipkurui Chepkwony: I think with the submission of EACC document to which we differed

this Motion, there exists a tax compliance certificate in this lady’s documents. We would say she

meets the documentary evidence, however, the Board must accept that there was a big error, such

should not be expected. We will be vetting submissions, the County Assembly Service Board

should avoid errors that will put to question our work. The Member for Kapsabet Ward asked what

would happen if one of the 8 went to court for missing a document, we do not want this House in

ridicule, this is a warning, this is the beginning, we do not want this to continue, we expect you to

work---

Hon. Kipkemboi: Leo ameleta stakabadhi na amepewa kibali kuendelea, mtu akiuliza, tutakuwa

taabani, wewe ni wakili---

Hon. Speaker: Hon. Members if you look at the report, there is an attachment of the copy of a

newspaper advertisement. We stated the requirements and directions of application. If it was to go

to court, all agencies do it, look at how ambiguous we do not mention recently, the first problem

is only leadership and integrity. Other entities have the same problem, we did not specify the

shortlisted were 56, reduced to 20, then 8. If you look at the dates, we gave them time from late

August to early September. Once they submitted, it is verified by the administrative officer, Human

Resource Manager specifically. The Clerk, and I had the Human Resource officer from day one.

He received all of them, took documents and verified, the oversight could be on dates. We asked

for originals yesterday, Members were supplied, I acknowledge the stamp for EACC is dated 7th.

When we told them to submit, she submitted the most recent. We would have backdated but that

would be a problem, the House demanded. I want the Members to know the Committee were

mindful, if there is an oversight the Committee does not overlook and we did it openly.

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Hon. Rono Emmanuel: I am seeking clarification. From your submission page 23, it stated that

the candidates were required to be at the venue 30 minutes before the scheduled time with these

listed items. You said that your advert was not clear. It is clear to me that the HRM was to have

the checklist during shortlisting, how could they be shortlisted---

Hon. Speaker: Hon. Member, you have read a very good thing. All the candidates brought what

Irene brought, the problem I admit is the date. All of them submitted self-declaration forms not all

of you as clarified by Hon. Chepkwony has compliance certificate. It is on demand, you do self-

declaration. The date is the issue.

Hon. Koech Gideon: I contested in 2013, I was required to submit the self-declaration form, I did,

a most recent. In 2017, I went for another from the same institution that I did in 2013, the candidate

should have presented the most recent.

Hon. Maiyo Teresa: Did all those that applied have valid documents except Irene? She seems not

to have qualified. The difference can be seen to be three marks between her and the second, the

Board can re-sit and reconsider.

Hon. Kipkurui Chepkwony: Again you said the advert was not clear, you are putting salt to a

wound, by admitting on the advert---

Hon. Speaker: It was only on ethics especially facing all other advertisements. They never

specified that it should be the most recent. As practice you are good to have the most recent, as per

the word, interpret the law by spirit and word, literally, if the same proceeds to court, we will go

for the wording, we do not keep the same copy. Hon. Gideon has put it well, the tradition is to give

the most recent but not cut to the most recent. The bit on IEBC, CASB are the same thing, it is

the entity to decide, we would tell you in 2013 as IEBC, give us another, it does not take long, fill

the form, stamp and give the most recent, look, they are clear, it is easy to get.

Hon. Kipkemboi: Leo tunakataa kwasababu tuna sharia itakayotusaidia. Ikiwa mna na lengo

lingine sijui. Jana nilienda kwa ofisi ya Karani akamtetea, leo hapa unamtetea. Mbona ulazimishe

hii?

Hon. Koech Gideon: Is it in order now that you are the Chair to be the Speaker now, is it in order?

Hon. Speaker: The same way you are a Chair in a Committee is the same way I sit in the Board

and in the plenary I am the Speaker. If you see my comments, its pure law, I do not relate

candidates. One thing I shape is the debate. Right now I see the date being an issue. That is the

debate. If Gideon was keen, I used what you said, if I was a Chair of the Board, I would be very

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specific. I am here to control the debate but it is you to make the decision on the Motion. That is

all.

Hon. Kipkurui Chepkwony: Now that Hon. Gideon has said, there is absolutely no line. You as

the Chair of the Board had an agreement to do or to make use of whichever ear of declaration, then

we would not have a problem. We would say if the Board agreed that they would make do with

either 2013, 2014 or even 2009, then we will not be discussing this because it is the institution that

is interviewing that determines the documents that they want to use. So if that can be clarified by

the mover of the motion that they chose not to use the latest EACC declaration forms then this

whole discussion will be limited to that. So that we can now say they submitted whichever that

was submitted the Board made use of the same. So that we do away with this issue of EACC and

I think if that can be clarified Hon. Speaker and then the Hon. Members will now be in a position

to proceed. However, I would want to or rather I would be proposing that probably for purposes

of safeguarding the interests of this Hon. House, to be very clear if what I have said that the Board

chose whichever form of declaration was submitted needs to be clarified. If the mover of the

Motion can confirm that in this Hon. House so that this Hon. House is in safe hands that they are

going to adopt the name knowing very well so that if the fifth person thinks of going to court and

the Board starts and says we chose to use whichever declaration form here was submitted then

they will be verified. They would not have an issue because we would not want to say yes and

someone goes to court and tomorrow you are told you did not give an equal playing field. You

chose to use the latest on five and belated declaration form on three. I think that is one confirmation

that we will be seeking and I would suggest if that is not forthcoming my suggestion would be that

the male nominee be adopted as we still relook on the female nominee. The other reason Hon.

Speaker, they say the devil is in the detail. Can we all look at what she had submitted the one that

all of us have. We set precedence in this Hon. House and I am one of the Members that stand by

precedence, law and Standing Orders. When you look at the list, we do not want to participate in

omitting Hon. Speaker. Why I am suggesting that probably---

Hon. Speaker: Hon. Chepkwony your microphone is off.

Hon. Kipkurui Chepkwony: When we go to page one of member’s observation for female

candidates I think there is a page that is missing that we will need. When we look at the enumerated

names, we have one to seven. I do not know if all of us are seeing. Page one, appendix 2. Member’s

observation for unsuccessful female candidates for a position of member County Assembly

Service Board. Alright? We do not have the member’s observations for the successful---

Hon. Speaker: Hon. Chepkwony, I think that is in the original report presented yesterday.

Hon. Kipkurui Chepkwony: So that is what I was saying. That is my submission. I was looking

at the original report for adoption. That is on recommendation of Irene Choge on page 13. Now

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what Hon. Teresa was saying if we have now Hon. Irene Chepkorir Choge and we have these

seven, these other guys, Hon. Teresa indicated in the cover document Irene is appearing with 79

and the second is appearing with 76. There is one word that is missing on Irene Choge. In Felicity

who had 70, it is in bracket very good. So for the person who gets 76, what do we say? Excellent.

The person who gets 79, what do we say? That is what I am saying. So I think then we choose to

say that Irene Choge was very excellent. So Hon. Speaker with that submission if the Hon.

Members now are clear after the Hon. Member mover of the Motion clarifies that the Board

approve of any self- declaration from whichever year then I will be proposing that we adopt the

names, failure to which I would be proposing we adopt the male and differ putting to question the

female. Thank you.

(Hon. Koech Gideon on a point of inquiry)

Hon. Koech Gideon: I wish to inquire and I hope my colleague who has just spoken can answer

that. Is there a provision in the Standing Orders that there is a possibility of differing part of a

Motion and approving part of it or it is a matter of amending the Motion before us?

Hon. Speaker: Hon. Gideon I think what Hon. Chepkwony was talking about, I hope Chepkwony

you meant that we can put to question the name of one nominee and not put to question the other

but not deferring the Motion because it is one Motion as Hon. Gideon pinpoints. It is one Motion

but the question will be two names. Putting a question to the first name, just like the way we did

for the CEC’s. So I think Gideon’s question makes sense in the sense that it is about putting to

question rather than the words that you used is to defer the Motion.

Hon. Kipkurui Chepkwony: Hon. Speaker to clarify, I said clearly. One, is that the Hon. Member

mover of the Motion Hon. Komen, confirm in record that the Board admitted any oath of

declaration then I would be requesting that members do adopt both names. Failure to do so Hon.

Speaker I would be proposing to members that we adopt the male nominee and differ putting to

question the name of the female nominee. I did not mention deferring the Motion.

Hon. Speaker: Fair enough.

Hon. Rono Emmanuel: In reference to what Hon. Chepkwony says, it would not be okay as long

as that is not in our report. I do not think that matter should be raised. If the Board had indeed

made a decision then it should be in the report. Now that it is not in the report then that question

is invalid.

Hon. Maiyo Teresa: Thank you Hon. Speaker, for giving me the chance. I would like to make

this observation that it is like the Human Resource Department of the Assembly did not help a lot

in shortlisting of the candidates considering many facts. The first one is that we have just received

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the current police clearance form for Irene Chepkorir Choge and I was wondering why he could

not imagine or even suspect that Irene may not be compliant to the law considering that the current

police clearance that was given was for long ago. Now that we have just received and she has been

shortlisted and even awarded as number one. Something also came into my heart that somehow it

is like all the other candidates did not receive a fair share of audience because honestly if she

became number one with all the omissions and listening to the statements since we began this

morning I feel something should be taken back to be brought later together as one Motion so that

it can be properly articulated. Police clearance form that is here is dated 2013 if I am not wrong.

Now this one was applied for on 9th September. At times it takes long but since she applied she

knew that the most recent ones are acquired. Police clearance is something to show that you are

compliant to the law.

(Hon. Kipkurui Chepkwony on a point of information)

Hon. Kipkurui Chepkwony: Hon. Speaker I would want to inform this Hon. House pertaining

the issue of clearance by the police, it is certificate of good conduct. Hon. Speaker I would refer

again to what the Hon. Member for Nandi Hills was using the issue of in practice. All of us Hon.

Speaker, especially for the interest of those of us who belong to the Jubilee Party, during the

nomination we were required to submit certificate of good conduct but since the application does

take long, a receipt of application was even admitted. So Hon. Speaker, Hon. Teresa is saying that

probably you would not know that there was no certificate if she provided a receipt in practice

which has applied to all of us. It would---

(Hon. Koech Gideon on a point of information)

Hon. Koech Gideon: I wish to inform the Hon. Member for Tinderet that this is a matter of

employment. We know that there are several qualified Kenyans who are Nandi County residents.

You would not imagine a scenario where one would wait until the last minute to go and seek a

police clearance form or even to present for that matter the EACC clearance form. Just taking it to

Huduma Centre here just across to be stamped. How can somebody present a document that was

stamped in 2013 yet she could have just passed by the Huduma Centre and get it stamped before

she could present it here. It beats logic.

(Hon. Kipkemboi on a point of inquiry)

Hon. Kipkemboi: Ningependa kuuliza kuhusu Stella Rutto Mhe. Spika. Bodi hii ina mambo.

Kama Karani wetu sasa hivi anachunguzwa kwa kuwa amekuwa kwa Bodi hii. Kuna madai

kwamba kuna watu aliwaajiri. Stella Rutto pia alikuwa kwa Bodi hii. Bodi imemruhusu vipi

kuwania nafasi hii? Ana makosa---

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Hon. Speaker: Hon. Kipkemboi I will stop you there. I think the subject of our Motion is on the

nominees for our discussion. So you have veered off to discuss a different nominee. The nominee

that we are discussing as per the Motion is Irene Chepkorir Choge and the second one is Abraham

Kiprop Mulwo. So the debate will be purely among the two. If it is anything outside that I will not

allow.

Hon. Kipkemboi: Mhe. Spika lakini ripoti hii yana majina yote.

Hon. Speaker: Hon. Kipkemboi I will not allow that because the nature of the debate is whether

we are approving or disapproving the names. Now that she was unsuccessful, she was unsuccessful

and she is not subject to our discussion.

Hon. Muge (Ms.): Thank you Mr. Speaker. I rise to decline and urge all the Members of the

County Assembly to decline the list and be taken back to the Board for further consideration

because in broad light of all the things that have been brought up, it clearly looks like they are

irregular and did not even meet the first standards of shortlisting. For instance Mr. Speaker, if we

are receiving today the police clearance certificate that I had to sweat while I was looking for mine

for the IEBC. We are receiving it right now and we received a 2013 one which is not updated. Mr.

Speaker, this person does not even qualify to be shortlisted because if the first entry was to have

these documents then we are lying to ourselves here. I urge all the Members to decline it and be

taken back to the Board. The Board should go back to the drawing Board and bring us something

better to talk about. Thank you Mr. Speaker.

Hon. Speaker: Hon. Members judging by the mood of the House what will be subject to

discussion therefore I will still allow discussion if you wish to continue because we are repeating

the same thing over and over again about the female nominee and the subject of the discussion is

the documentation. Valid concerns, valid reasons brought here. I will want us to do two things,

number one, unless there is anything new we seek to present about the lady nominee then I will

make my ruling about the same because judging from the mood of the House is that the same name

would not be put to vote. That is what the Hon. Members are asking for. However, I would

therefore ask the Hon. House to then quickly engage in discussion because we had two nominees

to present. I was to put two nominees to question. We have the question for the male nominee and

the female nominee. All our discussions have been 100% on the female nominee. So I can allow

ten more minutes of discussion about the female nominee and I would urge the Hon. Members not

to repeat the same thing because we have said it. All Hon. Members have said it so that I can be

able to give direction about the same.

Hon. Serem: Thank you Mr. Speaker, everyone is entitled to his opinion and my observations are

that, number one, the said candidate, I do not know her in person, provided the minimum

documentation for shortlisting. Why am I saying this? One, on the issue of police clearance there

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is a receipt which indicate that there was an ongoing application which was done on 29th of August

2017. The certificate was out by 9th September. So as to whether then she qualified, she did. There

is something I would call substance and the form. The substance is, she qualified. She had the

documentation. The form is she gave a receipt rather than the certificate itself. Secondly Mr.

Speaker on the EACC allow me to go back. On the EACC documentation, where one Hon.

Member draw our attention to the purpose as to why you fill the declaration form. For her the 2013

document the purpose was for employment. It was not specific. From the history of her

employment she has worked with the TSC at various institutions, that document did not specify

that she was doing it for the purposes of TSC employment. It was general employment. What we

are doing now is also employment and that document qualifies as it was.

(Hon. Koech Gideon on a point of order)

Hon. Koech Gideon: Is the Hon. Member for Chemelil/Chemase Ward in order to mislead this

House that since the lady nominee did present a self-declaration form that was aimed at or was

filled since she was presenting it for employment now that she was seeking employment in the

year 2017 she could present the same? Is the Hon. Member in order? Because we know self-

declaration form and as per the number of years, five years, one could have done something in

between that warrants another self-declaration.

Hon. Speaker: Hon. Member, I think on the part of self-declaration. You have made it clear. The

only thing I would like to bring to the attention of the House which I think we had not mentioned

and had been brought to my attention by the Clerk. Let us put to rest the issue of the police

clearance certificate once and for all. This one I direct to Hon. Rono Emmanuel and Hon.

Kipkemboi. Kindly let us look at the report so that we give someone fair hearing. Irene Choge

presented an invoice paid on 29th August 2017. The invoice is invoiced 434837 and it indicated

paid. The customer ID 13807926 and for the interest of law I want again Hon. Members to proceed

and look at the ID number so that we confirm that it is the same person who applied for the same.

As per the ID number 13807926 so that we put to rest the issue of the police clearance certificate.

The name of the person Irene Chepkorir Choge, email address [email protected] residential

address and cell phone were not filled. The convenience fee as per the service code. Service code

for police clearance 1420234#01. Total fee 1000, total KShs. 1050, the reference no.

87042041/421016 and the details given there stamped at Huduma Centre as Gideon had requested.

So the invoice is dated 29th August 2017.

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Hii ni ya maadili mema Mhe. Spika.

mailto:[email protected]

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Hon. Speaker: That is the first thing I want us to discuss. Hon. Kipkemboi there is a question that

was asked about--- Hon. Chepkwony let me finish because I want us to put this one to rest. The

one that is before us. The one that was presented today. The one for police clearance certificate.

That is certificate of good conduct because an issue had been raised. Hon. Members had raised the

same. So, the application was done on 29th August but she received it on 9th September 2017. That

is why when we ask for the original, by the time they were submitting their documentation she had

not been given this particular one. That is why when we ask for it, as you see applied on 29th

August 2017 submitted on 9th September 2017. So number one, I hope that verifies that it is not a

point of defense. I just needed that to be confirmed. Hon. Gideon was right on the EACC clearance.

I think Hon. Chepkwony you can---

(Hon. Kipkurui Chepkwony on a point of order)

Hon. Kipkurui Chepkwony: Is it in order Mr. Speaker, for us to revert back and discuss the issue

of Irene and we had given guidance that we discuss the issue of---

Hon. Speaker: I said I would give 10 minutes. We still have the ten minutes on the female

nominee. Hon. Serem was still giving communication.


Hon. Kipkemboi: Ningependa kupata habari kutoka kwa Mheshimiwa kutoka Chemase kama

aliulizwa stakabadhi zote alipokuwa akifanya kazi katika Benki ya Cooperative kisha akaja

kutafuta hii kazi. Ya pili Mhe. Spika, Irene alikuwa ametupatia stakabadhi ya tarehe 23/08/2013

na nafikiri iko hapa. Hiyo ndiyo tulikuwa tunafuatilia Mhe. Spika na ndio maana tulikuwa

tunauliza maswali.

Hon. Speaker: Hon. Serem kindly conclude.

Hon. Serem: Thank you Mr. Speaker. The only reason why I was not lucky enough to bring the

documents I presented earlier at my former employer is because I did not have them. But the

subject of our discussion today was organized enough to keep all her records and so I find no

problem with that.


Hon. Kipkemboi: Ningependa kumjulisha Mhe. Serem ya kwamba wakati nilipeana ile ya

kwanza mwakani 2013 nilibaki na ingine. Nilipeleka pale nikarudishwa nikaambiwa kila mwaka

lazima nipeane. Hapa Bungeni baada ya mwaka moja tutapeana na hiyo inaamanisha inapaswa

itengenezwe upya kila mwaka.

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Hon. Speaker: Hon. Serem kindly conclude.

Hon. Serem: Let me now proceed. We are a law making House and perhaps you have a duty to

follow up even if with the National Assembly or the Senate. For these issues to be clarified by law.

However, as I said Hon. Speaker, everyone is entitled to his own opinion according to the UN

conventions. So the item on EACC where I still want to make that clear, Hon. Member has said

that no certificate is issued and yes I have checked in the portal of EACC under their instructions

on how to apply for clearance in section number 5 says that no certificate is issued. However, the

commission will submit to the employing agency or panel a confidential report on a shortlisted

applicant. So as for me the applicant was saying anyone who will inquire information regarding

her employment needs to provide and so I find the 2013 being in order because it states it was on

employment. The other item Mr. Speaker, I would want to mention is the Board or the Committees

of this House who are assigned duties. We assign or the House assigns for the purposes of making

work easier and I am on record saying this earlier. The only concern I will find over the report is

on the observations. The observations for the candidates who did not qualify are very shallow..

They are very shallow to an extent of being only a sentence. They are saying the candidate did not

qualify for having emerged in a certain position.

Hon. Speaker: Hon. Hillary I think that was the complaint yesterday and that is why---

Hon. Serem: I am now told that there is some information. So I did not check that.

Hon. Speaker: Proceed.

Hon. Serem: So in that case then even my point is further nullified and I have no other reason as

to why not to support this adoption. Honestly I am entitled to my opinion. In terms of

documentation I have stated my mind as to why I find this candidate to have qualified. The other

one I wanted to question the Board. There is additional information to that. So Mr. Speaker, I

propose that we do adopt this report as it is. For me it meets the threshold, it is properly done.

However, much time we will give the Board or even the House, the information will be on the

form not the substance. So as for me the substance is good, the form is where the issue is and we

have mended and I think we can now go ahead and approve the Motion. Thank you Mr. Speaker.

Hon. Ng’etich: Thank you Mr. Speaker. According to my own observation, it is good practice that

all the required documents listed in the advertisement be there, but going by what we debated

yesterday, I think Board saw that Irene Choge was the suitable candidate only that there was that

problem of not verifying her documents. So I concur with what Hon. Hillary said that the essence

of these documents actually is to prove. That is why we said yesterday that these documents be

provided. So since the documents have been provided it has been proven that the person’s track

record is okay. The major part of it which was dealt by the Board supersedes what was questioned.

13



Hon. Speaker, I have been in an interview where you get a suitable candidate only to find that there

is something missing. So because of his or her suitability I think the Board has a right to inquire

whether that document is there or not. I request the members, I know all these documents were

required to be there before shortlisting but since these documents have been provided in the House

as we requested yesterday, let me beg that we support this Motion and pass it.

(Hon. Kipkemboi on a point of order)

Hon. Kipkemboi: Kulingana na Kanuni za Bunge 89, ni vyema Mheshimiwa kutoka Kosirai

atangaze wazi ya kwamba hana uhusiano ya aina yeyote na Irene kwa sababu anatoka Kosirai na

nimesikia anaunga mkono.

Hon. Ng’etich: I have no interest Mr. Speaker. Sina uhusiano na yeye.

Hon. Speaker: Hon. Ng’etich kindly conclude.

Hon. Ng’etich: As an Hon. Member from that Kosirai Ward, I would like to say that both position

one and two candidates come from my Ward. Kindly Members, kindly Hon. Kipkemboi---

(Laughter)

I rarely stand. I know this House is an Hon. House but Hon. Speaker, let me also request that this

will be the last oversight the panel will have done. So Members---


Hon. Koech Gideon: Is the Hon. Member for Kosirai in order to say that this is the last oversight

in matters document yet we know very well that he is not a member of the Board. Can he tell us

now that he is saying that this is the last oversight, can we now take it that since the lady nominee

is from Kosirai. Can we now take it that he had some influence on the Board?

Hon. Ng’etich: Hon. Speaker, I was only warning the panel as any other member that the same

thing should not happen but otherwise Hon. Speaker, I do not have any influence in the shortlisted

applicants. So Members it is my request that let us support this Motion and we continue as a House.

Thank you.

Hon. Morogo: Thank you Mr. Speaker. According to me Mr. Speaker, I know that you did a

commendable job. I also know that Members have to do checks and balances but at least you did

something good only that the performance was low to some extent. We cannot just judge now

which candidate could be the best because it is the Board that is mandated to do that. I think the

14



Board should be given time to revisit although we know that some errors could be minor.

Concerning the EACC clearance, I wanted to contest in 2016 and I had one of 2013. They did not

allow me. So, other things were overlooked. Otherwise, this lady did very well. It’s just for the

Board to look into the issues that Hon. Members have raised. Thank you.

Hon. Kiplagat: Thank you Mr. Speaker. I want to also give my views concerning the lady

nominee. As per what most of the Members have raised, concerning the documents that were not

availed before the interview was carried out, you are aware that next week we will be vetting the

CO’s and the documents will be the first thing to be checked. For sure Hon. Speaker, we will go

in record as one Assembly that does not go by what was advertised in the newspaper where the

candidates were supposed to avail all the documents. The documents are now presented to the

House when the interview is over. The report has already been tabled in the House. Hon. Ng’etich

has said that we adopt the report the way it is. Is it because the candidate is coming from Kosirai

Ward? Anyway he has clarified that she is not his relative but I know he is concerned because the

candidate comes from Kosirai. Technically, during the interview this person should have been

technically knocked out for not availing the right documents. This person should not have been

shortlisted in the first place because she did not avail the documents. So in that regard, I do not

support the list. Thank you.


Hon. Speaker: Hon. Members I had given ten minutes for discussion about the lady. Hon.

Kipkemboi before you speak, I would now ask us to move forward and put on your considerations

about the male candidate.

Hon. Kipkemboi: Napenda kujulisha Bunge ya kwamba mtahiniwa huyu hana kibali kutoka CRB

ilhali anatarajia kuja kushughulikia mambo ya fedha.

Hon. Koech Gideon: Thank you Mr. Speaker for giving me an opportunity to contribute to this

debate. I must say from the onset that the report that we have has fallen way below our expectation

as much as we would say that the Board did good. My opinion is that we expected more than this.

I must say that personally I have no issue with the male nominee having gone through the

documentation given but owing to the fact that all these things have come up, makes the whole

process questionable. The County Assembly Service Act in view of a scenario that all aspects or

the undertaking of the Board must take into considerations the guidelines indicated in article 10 of

the Constitution. The aspects of patriotism, devolution, inclusivity, equity, equality and all those

aspects. The report should also reflect the fact that it appreciates the aspect of community and

cultural diversity. As much as I do not have any issue with the male candidate, the report has given

us two nominees both from Chesumei Constituency. That in it itself also as much as we want to

say that we appreciate the meritocracy that one will also put to question because if we would go

15



that way then we would only be having Hon. Kipkemboi here at the County Assembly because

this is in his Ward. We should appreciate diversity and ensure that in all our undertakings, we have

all the other areas being considered. My last submission is that I share the sentiments of the Hon.

Members who said that the lady nominee should not have even gone past the shortlisting stage

because she never presented the minimum requirements. As a matter of fact, you have noted that

she presented a receipt but this is a matter that is way above just accepting a receipt. Personally I

voice my concern, I have my reservation and I would not be party. I would rather be on record for

having voted against this nominee because of documentation however much the Board want us to

believe that she emerged the best. I oppose. Thank you.

Hon. Speaker: Before Hon. Maru speaks, I think we are getting to the right place of discussion.

We are discussing whether we support the nominee or not. So voice your concern about the

nominee. Hon. Gideon has made it very clear so that at the end of the day, for us to reconsider the

same, the same still must be put to question, Members will make up their minds. The Board cannot

go back unless the House first makes a move. So I think that is the nature. We should now be going

towards where Hon. Gideon has mentioned. When you stand up you comment and give your

reasons and I have said that we should not avoid because we are not going to put two questions.

There will be question for the male nominee and the female nominee separately. So let us proceed

on that.

Hon. Maru: Thank you Mr. Speaker. I would like to say that it was unfortunate for the candidate.

She did not produce the documents on the given date. We should not set a bad precedence. I think

we should reject the candidate. Thank you.

Hon. Speaker: Judging by the mood of the House I think I will--- Hon. Rono Emmanuel.

Hon. Rono Emmanuel: Thank you Mr. Speaker. I support the male candidate and reject the

female candidate. As much as I support the male candidate, it passed us that Hon. Kipkemboi

raised a very important issue yesterday and as much as we want to support meritocracy, we should

also respond to the realities of joblessness in Kenya. Hon. Kipkemboi raised a very important issue

yesterday that why should we employ people who are already employed? I know the Board are

free to shortlist and recommend anybody but then this is a consideration for the future. This House

should kindly consider what Hon. Kipkemboi Said. Mulwo is currently a PHD holder and is

currently a lecturer in various universities. The reality in Kenya is that joblessness is in a red level.

So as much as I would support this candidate, in future---


Hon. Koech Gideon: If my memory serves me right, the Hon. Member for Ol’Lessos had given

his submission and opinion on this Motion. Is he in order to contribute again?

16



Hon. Speaker: If that is the case then he is not in order because he had made his submissions. Just

to mention on the same before Hon. Kirwa speaks, I would also throw a question. Hon. Rono

Emmanuel says that we should consider jobless people. I wish you would have seen the

advertisement. It talks about experience and you know a job at the Board level is part-timer.

Number two, we are looking to infuse something different. Number three, all of you were working

somewhere, so should we say anyone who was working somewhere, do not come? Hon. Rono

Emmanuel has worked. So should we positively discriminate? Hon. Kipkemboi was working. He

was a state officer for five years and he was given a chance to vie again. If Hon. Kipkemboi and

Hon. Rono Emmanuel really meant about jobless people then they should not have vied for the

post. It does not affect. Hon. Kipkemboi I will not allow you to answer that.


Hon. Kipkemboi: Ningependa kupata habari kuhusu Abraham. Abraham anafanya kazi katika

chuo kikuu. Hajawahi kufanya kwa Bodi hii, hivyo hana ujuzi Mhe. Spika.

Hon. Kirwa: Asante sana Mhe. Spika kwa kunipa hii nafasi. Nachukua nafasi hii kuunga mkono

wote waliochaguliwa na Bodi. Bodi iliketi ikaangalia vizuri sana---


Hon Kipkemboi: Mheshimiwa Kirwa anachangia kwa mara ya pili.

Hon. Speaker: Hon. Kirwa do I have the script whether you spoke?

Hon. Kirwa: Sijachangia jana Mhe Spika.

Hon. Speaker: Hon. Kirwa kindly let me clarify. I can confirm Hon. Kirwa did not contribute.

You may proceed.

Hon. Kirwa: Asante sana Mhe. Spika. Mhe. Kipkemboi kweli ni rafiki yangu lakini ananivamia

kila siku.

(Laughter)

Mhe. Spika naunga mkono ripoti hii. Bodi iliketi na ikaamua kwamba wanafaa. Tunaona kwa

kweli mlifanya kazi mzuri.


17



Hon. Koech Gideon: Is the Hon Member in order to contribute without declaring interest under

Standing order number 89 since---

Hon. Speaker: Are you imputing that he has interest because he has mentioned ---

Hon. Koech Gideon: Yes he has interest since the two nominees come from Chesumei

Constituency and he is a resident of Chesumei.

Hon. Speaker: Hon Member I will not allow that because if you are a member from Nandi Hills,

I would not ask you to declare interest. All Members have an equal interest and right to speak; we

cannot positively or negatively discriminate. Hon Kirwa in my conscience or if my records bares

me right, is the Hon Member for Chemundu/Kapngentuny Ward. The nominee Abraham Kiprop

Mulwo hails from Kaptel which should be Hon. Pius Sing’oei’s Ward. So I do not think that he

has any interest.

Hon. Kirwa: Mhe. Spika, asante kwa kunitetea wananivamia sana. Bodi ilichagua wanaofaa.

Hawakuchaguliwa kulingana na maeneo. Mheshimiwa kutoka Nandi Hills anafaa kuelewa hivyo.

Bodi iliwachagua kulingana na masomo na tajriba ya kazi walionao.


Hon. Koech Gideon: Is the Hon Member implying that those who come from the other Sub

Counties do not have necessary education? Because he just said that you did your work according

to education levels. Is he implying that in all the other the Sub Counties there is no one who could

qualify for the same position?

Hon. Speaker: Hon Member I think the marks sheet confirms. I think that settles the matter. The

reason why we have provided a transcript for the marks is that we want to acknowledge something.

You are the same Members who have a problem when number 4 is said to be good but again want

the same person to be number 4. You have to make a stand. You have to take it this way, there is

ranking. You competed for seats; you are here because you won. It is not because number two and

number 3 were bad. It is a choice. I want us to rationalize that so that as we make comments, it is

not about discrimination. When you go for competition, it is not discrimination. We have reduced

it to the case of discrimination and again, we don’t go out of a way to solicit for people to apply.

We advertised and got 56. So how about if the ones who applied are mostly from one particular

area. Should we therefore say that because majority are from certain area we should shut them?

No, we don’t do that. So that is why, Hon Gideon has raised a very good concern and that is why

the mover of the Motion ensured the report has to identify the specific Ward so that if we are to

make a decision per Ward, it is in order. Hon. Kirwa kindly conclude.

18



(Hon. Kiplagat on a point of order)

Hon. Kiplagat: Mr. Speaker, we cannot say that the other Members did not qualify in terms of

education because in the report starting from Felicity Magut, the report states that she met the right

academic qualification; Rose Chemogos met the right qualification. All of them met the right

academic qualification. So we cannot say the other Members were not qualified.

Hon. Speaker: Absolutely and that is why am saying we should not discriminate number 2, 3, 4,

5 and that is why I think the mover had made it clear that we had 56 but it was reduced to 20. By

the time it was reduced to 20 all those had equal chance. So, let us not discriminate the others

number 2,3,4,5 and say that they don’t meet.

Hon. Kirwa: Mhe. Spika naunga mkono ripoti hii kwa sababu watu wakiwa kwenye mashindano,

lazima kutakuwa na atakaye chukuwa nafasi ya kwanza, ya pili, ya tatu na nafasi ya mwisho.

Naunga mkono ripoti hii.

Hon. Speaker: Hon Kebenei it has been long time hearing from you.

Hon. Kebenei: Thank you Mr. Speaker. I rise to reject Irene Chepkorir Choge on one issue. I have

gone through the documents for Abraham and have seen that the CRB clearance is missing yet it

is very important---

Hon. Speaker: Hon Irene Choge or Abraham? Proceed because you had mentioned Abraham

Mulwo. So you have mixed the two.

Hon. Kebenei: So in connection with that, I will approve Abraham and reject Irene. Thank you.

Hon. Nyauntu: Thank you Mr. Speaker. I would like to know about the Board Members. What is

the total number of the Board Members?

Hon. Speaker: In the Board we have, two elected nominees that is minority representative,

majority representative, the Speaker who is the Chair, then two members from the public.

Hon. Nyauntu: So they are the ones you were interviewing?

Hon. Speaker: Yes, the ones we were interviewing were the other two members from the public.

Hon. Nyauntu: According to me, I don’t see any reason why we should reject the nominees. In

short I support all of them.

19



Hon. Kirongo: Thank you Mr. Speaker. I rise to support the report. Just to confirm that the two

nominees come from Chesumei, shows that the Board was not biased. The Board members who

interviewed the candidates none of them came from Chesumei, that means we did our level best.

We confirm that Irene---


Hon. Kipkemboi: Je, ni halali Mhe. Kirongo kusema kwamba anaunga mkono ripoti hii ilhali

tumeona makosa? Hakuwa na stakabadhi zote ilhali yeye ndiye alimpa alama 87.

Hon. Speaker: Mhe. Kipkemboi nadhani anaunga mkono kwa sababu alimpa alama hizo. Nadhani

anatupa sababu za kumpa alama hizo. Sidhani kama kuna makosa yeye kusema anaunga mkono

kwa sababu umesema vizuri kulingana na alama aliyempa ya kuonyesha kwamba anaunga. Kwa

hivyo, nitampatia nafasi aendelee kuzungumza, ajitetee.

Hon. Kipkemboi: Mheshimiwa Spika, lazima tuelewane. Tumepata makosa. Mhe. Kirongo ana

ujuzi kwa kazi hii. Irene hakuwa na stakabadhi zote na Mheshimiwa Kirongo amempatia alama

87. Ndio maana nasema si halali---

Hon. Speaker: Hon. Kipkemboi nataka wakati unatoa hoja la nidhamu, iwe inahusiana na yeye

halafu ukimaliza ni yeye sasa anazungumza. Kwa hivyo, kwa haraka sana hilo hoja la nidhamu

kulingana na hayo mambo unayoyasema pekeyake.

Hon. Kipkemboi: Hoja ya nidhamu ni kuhusu Mheshimiwa Kirongo kwamba alimpa Abraham

alama 90 ambaye alikuwa na stakabadhi zote, Irene ambaye hakuwa na stakabadhi zote akampa

alama 87. Hiyo sio halali Mheshimiwa Spika.

Hon. Kirongo: Mr. Speaker, I don’t blame Kipkemboi. I am just defending the two nominees

simply because the two appeared before the panel that I sat and the two convinced me that they

can sit in this Board and deliver. That is my submission Mr. Speaker. We appreciate all the

criticisms from the Hon Members. As Board there are so many things that we are endeavored to

learn. So Mr. Speaker I must appreciate all the candidates who appeared before the Board but for

me, I felt the two if given chance, they will do marvelous. Not actually watering down what the

Hon Members have just said, there are some loopholes and we appreciate that as a Board that going

forward, we must be keen. Mr. Speaker it is my humble request that this County Assembly adopts

that the two nominees to serve in this Board. That is my request Mr. Speaker, and that is my

submission. Thank you.

(Hon. Muge (Ms.) on a point of information)

20



Hon. Muge (Ms.): The Hon Member, who happens to sit in the Board, has hinted that the two

nominees come from Chesumei Sub County. None of the Members who sat in the Board comes

from Chesumei Sub-County. Mr. Speaker is the Hon Member trying to tell us that where you come

from and do sat in the Board was a determining factor in this shortlisting?

(Applause)

Mr. Speaker he has to come out clear.

Hon. Kirongo: Mr. Speaker I was just putting my argument that the Board was not biased. We

were not biased. We gave these marks because they qualify. I come from Emgwen Sub County, if

we were to go as per where we come from then I would have supported a candidate from Emgwen.

I was just saying that we did our best and that is why the two candidates came from the sub-

counties that none of the Board Members come from. Thank you Mr. Speaker.

Hon. Chepkoech: Asante sana Mhe. Spika, kwa kunipa hii nafasi. Tumeongea kwa muda na

tumeona kuna makosa. Kuna wale hawana kazi, tafadhali Mhe. Spika tuwape nafasi wasio na kazi.

(Applause)

Na tafadhali hii risiti itengenezwe vizuri. Tafadhali Mhe. Spika naomba hayo.

(Applause)

Hon. Speaker: Hon Maiyo Teresa I think you had contributed to the Motion I hope you are

standing on a point of information.

Hon. Maiyo Teresa: I am standing on a point of information and inquiry. Thank you Mr. Speaker.

Hon. Speaker: I think Hon Komen will have a right of reply before I put the question.

Hon. Maiyo Teresa: Thank you, I would like to commend the Members who sat in the panel for

what they did while interviewing the male candidates. Looking at Dr. Mulwo and considering the

nature of the work, I am sure he is going to deliver. He has moved widely, he is very much exposed

and has the skills. If it was not for the minimum requirement, in chapter six for the lady nominee,

looking at her experiences without fear of contradiction, the lady is also widely exposed, she has

been the head of departments in a very busy institution. If this House can close one eye and realize

that this lady is widely exposed, it can see that she can deliver in the Board. That is my feeling.

(Hon. Kipkurui Chepkwony on a point of inquiry)

21



Hon. Kipkurui Chepkwony: Hon Speaker, is hon. Maiyo Teresa in order to use unparliamentarily

language closing one eye?

(Laughter)

Hon. Maiyo Teresa: I don’t know what you meant by unparliamentary language but am sorry---


Hon. Speaker: Hon. Kipkemboi I would allow you because you want to give information. So let

me allow first Hon. Kipkemboi to present.

Hon. Kipkemboi: Napenda kumjulisha Mheshimiwa Maiyo Teresa kwamba hawezi kumjua mtu

bila kufuata sheria. Nafikiri jasusi pekee ndiye anayeweza kumchunguza mtu lakini si

Mheshimiwa. Hii ni kwa sababu Mhe. Teresa amesema kwamba anajua waliochaguliwa watafanya

kazi nzuri.

Hon. Speaker: Hon. Maiyo Teresa, kindly conclude.

(Hon. Rono Emmanuel on a point of information)

Hon. Rono Emmanuel: Closing one eye basically means compromising our standards, and

compromising our values.

(Laughter)

Hon Speaker, does that mean what people say that we make laws and break them?

(Laughter)

(Hon. Serem a point of information)

Hon. Serem: Mr. Speaker as earlier stated, there is nothing like closing one eye here. This

candidate is straight forward, all documents submitted. Thank you.

Hon. Sang: Thank you Mr. Speaker, I wish to contribute---

Hon. Speaker: Hon Deputy Speaker, I would rather let Hon Maiyo Teresa conclude her

submissions then you can come in.

22



Hon. Maiyo Teresa: Well, the Board looked at the documents and I have also looked at the same

documents. The two nominees have gone through. Honestly speaking, if you see the CVs of these

two candidates, you know we have dealt a lot with Chapter Six of the Constitution, the basic

requirement has been met. Despite the fact that they were not submitted on time, we have it right

now. We know that she has submitted to the EACC and should there be any query she can be

looked into and questioned. We also know that the police has cleared her as at now. When you

look at her qualification, she holds a Master’s degree. She has been head of a department and all

that. So if it is quality that we are looking for and not compliance, then we can have something to

say. Looking at the male candidate, Hon. Komen gave him 90 marks and I was asking Hon. Komen

about the total marks and he said 100. It is like the two were able to convince the three Hon.

Members but looking at what they got, Abraham Mulwo was given 78 by the Speaker, 77 by the

Leader of Minority and 90 by Hon Komen. They have skills. Going through their papers, this other

one is a researcher of which it will be beneficial to this Assembly. So as much as I had issues with

the compliance of Chapter Six, I can see from their work that---


Hon. Kipkemboi: Napenda kumjulisha Mheshimiwa Maiyo Teresa kwamba Mhe. Komen

amempa Abraham alama 90 kwasababu alikuwa na stakabadhi zote na akampa Irene 77 kwa kuwa

hakuwasilisha stakabadhi zilizohitajika. Mhe. Komem yuko sawa.

Hon. Maiyo Teresa: So, I want to kindly tell Members that taking this list back to the drawing

Board may somehow compromise service delivery in this Assembly. So looking at their scales and

their input, the things that we are likely to get from the two, I request that we reconsider.

(Hon. Rono Emmanuel on a point of order)

Hon. Rono Emmanuel: Hon. Maiyo Teresa says that we should approve this report because if we

don’t we will compromise service delivery. Hon Speaker my question is, would we employ an

undertaker to babysit just because there is nobody to take care of the baby?

Hon Maiyo Teresa: That is not what I said, I said it might be comprised because we might need

to go to candidate number 2 or number 3 and all that of which we might not get the best. Hon.

Members, I request that we reconsider our stand. I support.

Hon. Sang: Thank you Mr. Speaker. The male nominee, Abraham is okay. I want to confirm that

the lady nominee was a deputy principal in a school where I sit as a board member. She did very

well. I don’t know about her state of compliance. When she was the deputy principal, she helped

improve the school’s performance up to a mean grade of seven. I want to thank the Members of

the Board, you have nominated the best because we want the quality. We want the welfare of the

23



Members in this House catered for. I see Hon. Kipkurui Chepkwony is just looking at me,

yesterday we were vetting you, you have issues but we approved you Kipkurui. So, we should not

just see other people’s issues. So what am saying is that-----

(Several Hon. Members on points of order)

Hon. Speaker: Order Hon. Members! I will not allow anyone to speak, Hon Chepkwony I will

not allow you to speak. Hon Chepkwony I have censored you. You won’t speak until I say so.

Kindly sit Hon. Chepkwony. We are a House of order. We are not in a shouting match. Number

one where I sit, when someone stands up the first I always give. If Hon. Gideon was the first one

to stand I will give that. So at one point we had Hon Gideon, Hon. Chepkwony and Hon. Cynthia

standing up on a point of order, so you would allow me to take charge and allocate one at a time.

All of us have a right to speak. So that decorum has to be maintained.

Hon. Kipkurui Chepkwony: Hon Speaker---

Hon. Speaker: Because of that Hon. Chepkwony, I would let Hon. Koech Gideon go first.

Hon. Koech Gideon: Mr. Speaker I was rising on a point of order to seek whether the Hon. Deputy

Speaker is in order to impute that Hon. Chepkwony has issues and we approved him to sit in the

Speaker’s panel owing to the fact that even yesterday during his submissions, he talked of Hon.

Kipkurui being tamed. Is he in order to continue the message that he started yesterday imputing

improper motive against the Hon. Member for Tinderet?

Hon. Speaker: Let him respond to that then Hon. Chepkwony you also raise.

Hon. Sang: It was a slip of the tongue Mr. Speaker. I was not aware.

(Laughter)

I never meant that Hon. Kipkurui Chepkwony had issues. It was a slip of the tongue, otherwise if

I said so I apologize Mr. Speaker.

Hon. Speaker: Hon. Chepkwony is it sorted now?

Hon. Kipkurui Chepkwony: Is the Hon. Deputy Speaker who just walked in in order to imagine

that the Hon. Member for Tinderet has any objections on the list and starts mentioning my name

in bad light without consulting? Is it that I should support the list because I was supported in bad

light? What is right is right and what is wrong is wrong. So Hon. Speaker, I feel offended as a

Member for Tinderet by the misconception being peddled by the Member for Chepkumia ward.

24



Hon. Speaker: Hon. Chepkwony, Hon. Sang has apologized and withdrawn. As the Chair, I will

take it as enough apologies and I think when such happens in a House of decorum, he has done the

best thing.


Hon. Kipkemboi: Mheshimiwa Spika napenda kumjulisha Mheshimiwa Naibu Spika kwamba

wakati aliomba nafasi hiyo kama Naibu wa Spika, hatukumdharau. Tuliona anafaa. Irene

tumemkataa kwa sababu hakuwa na stakabadhi zilizohitajika.

Hon. Sang: Before I conclude, I wish to say that every Member in this House has the right to

reject or approve. We will not force anyone. Let us not create enmity, the majority have their way

and minority have their say. I want it to be vice versa in this case. So what I want to say---


Hon. Speaker: Hon. Koech Gideon, let Hon. Sang conclude his submissions.

Hon Sang: Hon Speaker, last time you talked about interruptions. This applies to Hon. Koech

Gideon and Hon. Kipkurui Chepkwony. You need to separate them. These are the Members who

are giving us problems. I want to say that------


Hon. Speaker: Hon Chepkwony, kindly allow him to finish then you can proceed.


Hon Chepkwony I am trying to avoid a case where we are having a back forth for we are not going

to make progress. I would allow you to say your point of order but I would like us to limit and

proceed.

Hon. Sang: Thank you Speaker. You know Hon. Chepkwony is my close friend. We are here this

way but when we are outside, we have other issues. The lady nominee assisted three children to

pursue their studies. The three children went to university. In fact she taught in the same school

with Hon. Kirongo. So, I know this lady and when given the opportunity she will perform well.

Dr. Mulwo is okay. For now, let us approve these nominees. The Board did well. Hon. Members,

remember that we do not have no time. We can debate her from morning to evening but come four

years, I don’t know Hon Speaker.

25



(Hon. Koech Gideon and Hon. Kipkurui Chepkwony on points of order)

Hon. Sang: I don’t know what is happening to Hon. Koech Gideon and Kipkurui Chepkwony?

Do they have personal issues Mr. Speaker? They should say.

Hon. Speaker: Hon. Sang you are protected.

Hon. Sang: Protect me Hon. Speaker. They are interrupting me. Kindly Hon. Members let us

adopt this report. Thank you.

(Hon. Koech Gideon on a point of inquiry)

Hon. Koech Gideon: Thank you Mr. Speaker. Now that the Deputy Speaker has alluded the fact

that the lady nominee taught with Hon. Kirongo and owing to the fact that Hon. Kirongo had said

that they were not biased since he never awarded anybody from Emgwen, can we now conclude

that was the bit that informed the choice of the nominee?

Hon. Speaker: Before Hon. Kirongo can respond, looking at the CV of the lady, in 2002 – 2011

she taught at Chemuswo Secondary school, 2011 – 2013 she taught at Holy Rosary Girls Koiben,

and as per the documentation on data that we have, the last I checked Hon Kirongo went to school

in Bonjoge Boys. Could you clarify that?

(Hon Sang on a point of information)

Hon. Sang: No it was not during that time it was different Mr. Speaker. I want to say----

(Hon. Maiyo Teresa on a point of order)

Hon. Maiyo Teresa: Thank you Mr. Speaker I would like to inform this House that while the

Deputy Speaker was giving us extra information that we did not know, I went to look at the marks

and I somehow almost justified that the lady really taught with Hon. Kirongo possibly because

looking at the marks, Hon. Speaker gave the lady 74, Hon. Komen gave the lady 77 and Hon

Kirongo gave the lady 87 marks. So it is possible.

(Applause)

Hon. Speaker: Hon Members I think the question to Hon. Kirongo was a factual one whether he

was taught by Irene. That is the question Hon Kirongo has to answer.

26



Hon. Kirongo: Mr. Speaker, I want to confirm that I have never worked with the lady. That is a

fact. So by eluding that---

Hon. Speaker: Hon Gideon, let Hon Kirongo answer.

Hon. Kirongo: Yes those are my submissions, Mr. Speaker. I have never taught with the lady and

that is a fact. That is the information I have not unless any other person wants to give his own

information those are my submissions. I never taught with the lady.


Hon. Koech Gideon: Then is the Hon. Deputy Speaker in order to mislead this House by giving

wrong information that Hon. Kirongo taught with the lady nominee? He needs to withdraw and

apologize to this House.

Hon. Speaker: Hon Gideon, last I checked Hon. Sang made it clear that he referred to something

else. So I think that settles the matter.

Hon. Koech Gideon: Mr. Speaker, the Hon. Deputy Speaker told this Hon House that the lady

taught in a school in his ward, that the school did well, until she was promoted, he also mentioned

that even the lady taught with Hon. Kirongo in the same school and it is in the Hansard. So he

needs to withdraw that statement now that Kirongo has confirmed that he never taught with the

lady.

Hon. Speaker: Hon Gideon, as I have said just before you came on board Hon. Sang had stood

up on the same and clarified on that but the main thing was that question. It was a question of fact.

It was two things. Whether he had taught with him or whether he had been taught, Hon Kirongo

had clarified. The Hansard will capture that. The person to clarify that there is a statement of fact

is the person mentioned, Hon. Kirongo. That is settled. Hon Komen I will give you the right of

reply before we put the same in question.

Hon. Kiplagat: Maybe before Hon Komen---

Hon. Speaker: It is not contribution so you should state why you---

Hon. Kiplagat: A point of information for the Deputy Speaker. He is saying that nominee Irene

Choge taught in a school called Koiben but in the CV there is nowhere written he taught in Koiben

Secondary School. I think he should clarify the same to this Hon House. Thank you Mr. Speaker.

(Laughter)

27



Hon. Speaker: Hon Members order! We need to get going. The mistake that I want us to avoid is

forgetting that you are ones who are going to make a decision. That is in your hands. Nothing will

take that away from your hands. I don’t want us to go back over and over again. You have already

made your submissions. Hon Sang had his own right to make submissions. For example, if he

comes on board and says this person went here, the CV is what I prepare. It is not like a CRB or a

document that is sworn as an affidavit. So if the person chooses not to put the name there, Hon

Deputy Speaker will stand up and say I know she went there. It is not in the CV. So what do we

do about it? It is a zero sum game. So let me show you or let me just ask. If you are asking on a

factual thing, which touches on a Member, I always give the specific Member to give a right of

reply and that was Hon. Kirongo. He has done that. The question Hon. Kiplagat has raised is what

the Deputy Speaker said. If I give Hon. Deputy Speaker chance to reply he will say yes I know or

no. Then what happens after that? Another question will be asked bottom line at the end of the

day, we are going to make a decision. That decision has to be made. Let us not run away from that

decision. Hon. Komen I will give you the right of reply, and we will go straight into putting

question.

Hon. Komen: Thank you Mr. Speaker. I would wish to truly thank the Members for their valued

contributions towards the Motion. Secondly I would want to urge this House to consider approving

the two nominees. According to the Board’s assessment, the two became the best, I know based

on the documents that are there, if you look at the good conduct certificate for Mulwo, it was dated

2nd October 2017, and that of Irene is dated 9th September 2017. So, we have to really balance. I

would urge that we consider the two and approve. According to our interviews, we were looking

for two representatives to represent the public and we found them to be the best for that. On the

issues that you raised, on EACC clearance, I think Mr. Speaker clarified that issue and as Board

what we looked into 2013 document was the reason why she had applied for that document was to

work in the County Government. This is part of County Government and the same reason is still

valid as 2013 and up to date is still a valid reason. That is what we actually considered. So Hon

Members, I would urge that we approve because from our point of view they serve the best interest

of what the Board is looking for. We did not consider anything else apart from the best candidates

that we were able to come up with.

So am humbly requesting that you consider the approval of Irene Chepkorir Choge, and secondly

Abraham Kiprop Mulwo. We know that they will perform well. Thank you Mr. Speaker.

Hon. Speaker: Hon. Members, judging from the mood and the robust debate we have had, I will

quickly proceed to the question.

(Question put that Abraham Kiprop Mulwo be a member Nandi County Assembly Service Board

put and agreed to)

28



(Question put that Irene Chepkorir Choge be a member of Nandi County Assembly Service

Board put and the House was divided)

Hon. Speaker: Hon. Members, I will put the question again for Irene Chepkorir Choge and if it

does not come out clearly we will go for division.

(Question put that Irene Chepkorir Choge be a member of Nandi County Assembly Service

Board put and the House was divided)

Hon. Speaker: Hon. Members, we are going for division.

(Hon. Kipkemboi and Hon. Koech Gideon stood in their places)

Hon. Speaker: Hon. Members, I need to inform the House the reason why we are going for

division. When there is that closeness there is always the question as to whether we need that

clarity and the clarity is always by the vote we take.


Hon. Kipkemboi: Mhe. Spika, ningependa kujulishwa zaidi kwa sababu umeuliza kwa mara ya

kwanza, ukarudia ya pili na umekataa sauti iliyojitokeza wazi. Ningependa kujulishwa kwa sababu

wakati tunaenda katika mgawanyiko wa kupiga kura, kulingana na sheria ni wakati Waheshimiwa

wamesimama. Toa uamuzi ama urudie swali tena.

Hon. Kirongo: Mr. Speaker, I want to remind my friend Hon. Kipkemboi, in a situation where

the Speaker puts the question and he rules otherwise, then the differing voice will stand up but in

this case which voice won so for that case Mr. Speaker is right we are going for a vote there is no

problem.

Hon. Koech Gideon: Mr. Speaker now that some of us are new Members in the House, could you

also share with us the provision that gives the Chair the discretion to call for a vote without the

Members standing.

Hon. Speaker: Hon. Gideon, it is not a discretion. From where I am sitting, I have to get a clear

decisive vote. In the male nominee, the voice came out clear but for the female nominee, it seems

to be a split and Hon. Kipkemboi you understand well when we go for a division we will call out

Hon. Members by name to take vote.

Hon. Kipkemboi: Mhe. Spika, umetoa uamuzi na hakuna Mheshimiwa ambaye amesimama

kulalamika kulingana na sharia. Ungetoa uamuzi wako halafu sisi tukubaliane nayo ama tukatae

29



kisha twende kwenye mgawanyiko wa kupiga kura. Mhe. Spika, naomba unisomee sheria

inayoruhusu Spika kutoa uamuzi huu. Spika anafaa kutoa uamuzi ili sisi tuamue kama tutapiga

kura.

Hon. Speaker: Hon. Members, as we prepare for division, I will give the ruling on the same. Hon.

Kipkemboi and Hon. Gideon I want to appreciate the two of you. You are very good on keeping

up with the Standing Orders, the law is always like a double edged sword it cuts both ways. Hon.

Kipkemboi refers to Standing Order number 71 roll call division claimed, the Hon. Members can

claim for division.

Let me take you to the onset where voting and division starts, Hon. Members, Standing Order

No.68 states, unless otherwise provided under the Constitution, a question arising in the County

Assembly shall be decided by a majority of Members in the County Assembly, present and voting.

Any question I put, it has to have majority opinion there is no two way about that.

The second question is how do we get to the majority? Standing Order no 68 (2) gives you an idea

in ascertaining the results on a question under paragraph 1, the Speaker shall, in the first instance

collect the voices of the “Ayes” and the “Nays” and shall declare the results accordingly.

I will interpret that section, in ascertaining, the Speaker is the one who ascertains I do not vote but

I do ascertain by doing that I always have the first option and that is why we say, the Speaker in

the first instance collects the voice of ayes and nays and when the voices are clear we do not have

to go for the division but when the voices are not clear which in this case I have ascertained I need

to have a clear majority and the only way to ascertain a majority when there is closeness which is

the practice I think you have seen in the National Assembly that is when we go for division and

voting is not meant to circumvent the process, it is to have clarity. I did put the question twice to

confirm and that is why I have made the ruling that as per Standing Order 68 (2) for me to ascertain,

I am calling for division.

The other alternative of calling for division is under Standing Order No.71, Hon. Kipkemboi and

Hon. Gideon let us keep an eye on that Standing Order, the Speaker shall direct a roll call vote to

be taken if a Member claims a division and the Speaker considers that there is a reasonable doubt

in the outcome of the question or if on question other than question of procedure five or more

Members rise in their places to support of the Member claiming the roll call for division the

Speaker shall direct division to be taken in every sense where the Constitution lays down that a

fixed majority is necessary to discuss any question.

Standing Order number 71(1), empowers Members to call for division 71(2) empowers the

Speaker to call for roll call division so Hon. Kipkemboi and Hon. Gideon you are very right but

you have read the law selectively 71(1) talks of I consider if a Member calls for division 71(2)

says the Speaker shall direct a division to be carried out in every instance where the Constitution

lays down that a fixed majority is necessary to decide any question.

Hon. Members that is my ruling I need a majority to be ascertained through a vote. Clerk we are

proceeding for division right away.

30



DIVISION

Hon. Speaker: Hon. Members let me direct how we will proceed with division, we will call out

the names of Members present you have a yes vote, no vote and abstain vote. When your name is

called out you either say yes, no or abstain vote. Sergeant-at-arms you can close the door. The

division bell will be rang for five minutes as Members do their own caucusing and lobbying.

(Division bell was rung)

(Division time)

Hon Speaker: Hon. Members, the result of the vote is as follows:- ayes: 6 and the nays: 17.

The “nays” have it.

(Question put and dropped)

(Applause)

Hon. Speaker: As a result, exercising my powers and mandate, and as mandated by the law, under

the County Assembly Service Act under the first schedule, section 5 and 6 the first one talks about

where the Assembly rejects the person recommended under paragraph 3, the Speaker shall

communicate the decision of that Assembly Board and shall request for a fresh nomination.

Hon. Members, we are going to the Board, I will communicate the same and the same must have

a fresh nomination. That essentially means the Board starts a fresh on nomination of the female

nominee. That is my ruling.

MOTION ON RECESS

Hon. Koech David: Thank you Mr. Speaker. I love this House so much. Just before I move the

Motion, I want to congratulate the House for the good work they have done today, we have

followed the majority and the majority have their way and the minority have their say.

I would like to move the following Motion on recess:

Aware that the County Assembly pursuant to Standing Order no. 29 part two, approved the

calendar of the County Assembly for the first session, further aware that the end of County

Assembly regular session is 7th December 2017 and recess takes effect from 8th December 2017

upon which the committee meetings will proceed until 18th December 2017, this House therefore

adjourns its regular sessions pursuant to Standing Order number 28 part one and to commence

regular sessions on 2nd Tuesday of February 2018. I wish you a merry Christmas and a happy new

year.

I kindly ask Hon. Kirongo the Minority Leader to second the Motion.

31



Hon. Kirongo: Thank you Mr. Speaker, I do second.

(Question proposed)

Hon. Rono Emmanuel: Thank you Mr. Speaker. I do support the Motion but I wish to seek

clarification from the Leader of Majority. The Motion reads “upon which the committee meetings

will proceed until 18th December 2017” what happens there after? Are we going for recess from

plenary and committee meetings to 2nd Tuesday of February 2018? Or what happens? I seek to

know.

Hon. Speaker: I will give a response on the same.

Hon. Kipkurui Chepkwony: Thank you Hon. Speaker. I seek to support the Motion of

adjournment for recess and in the same breath because it is not a substantive Motion I would then

want to wish all Hon. Members a merry Christmas and a happy new year and God’s blessings in

abundance during the festive season. Enjoy the festive season with your family, be cautious in the

festive season. We will continue praying for this country. To start you off for the festive season,

I would want to go in record to invite all the Hon. Members and staff of this County Assembly to

my thanks giving ceremony that shall be on 17th of December on a Sunday. There will be an

interdenominational prayer as well. You are all welcome and I wish everyone all the best during

this holiday. Thank you.

Hon. Sang: Thank you Mr. Speaker. I wish to thank the Majority Leader and I support the Motion

on recess. Mr. Speaker you once said that when a question on calendar has appeared, the question

is not put and talking so much about it is like waste of time. Hon. Emmanuel Rono noted that the

committees will continue up to 18th, is it possible to move it to 24th so that we can only break for

Christmas then continue with the committees?

That said, I want to thank Members and I want to wish you a merry Christmas and happy New

Year. Let us keep in touch and incase one of us got an issue do not hesitate to raise. Let us assist

one another and come February, we will be back here with more energy. Thank you.

Hon. Koech Gideon: Thank you Mr. Speaker. I rise to support this Motion on recess and wish to

state that this has come at the right time. Some of us who are venturing politics for the first time

will have an opportunity to study the political waves well. I wish to follow the steps of Hon.

Chepkwony that I wish to inform the Members that on Thursday 28th December 2017, I will be

having a thanksgiving ceremony in Nandi Hills. I wish to inform all the Hon. Members that they

are invited. Let us end the year in Nandi Hills Ward. I support this Motion and acknowledge the

Leader of Majority. He is leading by an example and always goes with the majority. All will be

well as we move forward. Thank you.

32



Hon. Kipkemboi: Asante sana Mhe. Spika. Langu ni kushukuru waheshimiwa kwa muda tumekaa

pamoja. Tukiwa likizoni, tujuliane hali kwa sababu hii likizo ni ndefu. Napenda kushukuru

waheshimiwa kwa sababu tumekuwa na uhusiano mwema na ninatarajia kuwa tutakuwa na urafiki

mwema hadi mwisho.

La pili, najua baada likizo, Waheshimiwa watarudi wakiwa wachangamfu na tutakaa katika vikao

vya Bunge kwa majadiliano mazuri. Nina imani kuwa waheshimiwa watakuwa wamezishika

kanuni ya Bunge na sheria zote vizuri.

Napenda kushukuru uongozi wa Bunge yetu tunaendelea vyema. Leo katika mitandao ya kijamii,

nafikiri sote tumesoma onyo kuwa ikiwa kiongozi hatafanya vyema kazini, ataondolewa. Kwa sasa

nina kisomo na yale makosa itakayofanywa na walio soma sana mimi nitayavumbua.

Tukiwa likizoni, ni muda wa kukaa na waliotuchagua mashinani. Wana mahitaji mengi sana na

wanatarajia tutawasaidia. Naomba Mhe. Spika, kama unaweza kutusaidia kwa sababu msahara

wetu hautoshi mahitaji haya mengi. Mshahara wetu ulipunguzwa hadi elfu tisaini na tutakaporejea

nataka tujitetee tuongezewe angalau hadi laki tatu ili iweze kutosheleza mahitaji yetu yote na

shughuli za dharura.

Muhula uliopita mshahara ulikuwa mzuri lakini muhula huu mshahara imepunguzwa, hautoshi.

Waakilishi wa wadi tuliobahatika kurudi kwa muhula wa pili tunajua ugumu tuliopitia

kuchaguliwa kwa mara ya pili. Ikiwa mshahara utakuwa mdogo hivi hakuna atakayebahatika

kuchaguliwa tena kwa kipindi kingine kwa sababu hatuna pesa ya kusaidia waliotuchagua.

Tumeongea na waakilishi wadi wengine nchini na tunapanga kuwa na mgomo wa siku kumi na

sita ili Serikali itambue kuwa waakilishi wa wadi wana umuhimu!

Wabunge wa Bunge la kitaifa hupewa marupurupu ya mafuta ya gari elfu themanini kila mwezi

na wakija mashinani wana fedha ya kutosha ilhali sisi waakilishi wa wadi hatuna chochote! Yafaa

tuwe na mkutano na tuelewane tutakayofanya siku zijazo.

Kwa wale Waheshimiwa ambao wanapanga sherehe ya kutoa shukurani kwa kuchaguliwa ni siku

sawa kabisa. Haikuwa sawa kwetu jana kusongesha kikao yetu ya Bunge ili twende katika sherehe

ya Mheshimiwa. Itakuwa kwa rekodi kuwa waakilishi wa Bunge la Kaunti ya Nandi katika mwaka

wa 2017, kusongesha kikao cha Bunge ili kuhudhuria shamrashamra ambayo haitusaidii.

Asante kwa muda wenu tuendelee kufanya kazi kwa umoja. Mungu awabariki.

Hon. Sing’oei Pius: Asante sana Mhe. Spika. Ninaunga mkono hoja hii kwa sababu msimu huu

wa krismasi kuna sherehe nyingi ya kuhudhuria na wananchi wakati hu wanatusumbua na mialiko

mingi ya harambee. Ingewezekana tungekuwa na sheria itakayothibiti michango katika mwezi wa

Disemba.

Tumefanya kazi nzuri, hata kwa hoja iliyopita. Hatuna chuki sheria huwa hivyo. Tunataka mambo

yawe wazi, mimi ni mzee na sipendi kususia kabla sijafahamu vizuri. Kwa hivyo huwa naskiza

maoni ya waheshimiwa wenzangu kwanza kisha natoa yangu. Sina mengi Mhe. Spika ni hayo tu

asante.

33



Hon. Serem: Thank you Mr. Speaker. I also rise to support the Motion on recess and wish to say

that it has been an exciting and interesting time in this House. Majority have always had their way

and the minority their say and that is democracy. As we go for recess I know we have a lot of

activities ahead of us and we will be having thanksgiving and homecoming ceremonies which are

in order.

Secondly, I know a number of committee meetings including PIAC the one I sit, have a weighty

piece of work to do and we will endeavor to deliver on those reports during this period when we

will be sitting in committees.

I wish all of us a nice time as we go for recess and as said, we disagree to agree we have never

voted in this House before except the day we were voting for the Speaker so I think we are going

through all the cycles as a House which is in order. Thank you, I support.

Hon. Kiplagat: Thank you Mr. Speaker. I also rise to support the Motion from the Leader of

Majority Hon. David Koech. I also want to wish Hon. Members Merry Christmas and a happy new

year and as we head for this holiday, I request the Hon. Members to pray for Hon. Maiyo and Hon.

Rael Rotich as they continue with their medication. Thank you. I also wish to thank the Majority

Leader for standing with the majority. Thank you.

Hon. Morogo: Thank you Mr. Speaker, I also wish to extend my total support on the Motion on

recess. I know that this is a very busy month and we have a lot of activities here and there. I wish

to request that the department of roads does something during the two months recess so that at

least something will be felt by the community members. I am requesting the Chairman of Transport

and Infrastructure Committee to see that when we will be on r recess we get involved in an activity

that will boost our agenda as Hon. Members. I wish all the Hon. Members a merry Christmas and

a happy new year. I know the Speaker and the Clerk will communicate to us in case there will be

any activity during recess. Thank you.

Hon. Maru: Thank you Mr. Speaker. I stand in support of the calendar so that we can go and relax

our minds and take time to meet our electorate. I also want to repeat that I am inviting all of you

to my home for the engagement of my daughter which will be on 21st Thursday, 2017. The route

to my home is via Baraton University. Take it as an advantage to see the longest bridge in east

Africa then from there it is about 4 kilometers, my home is close to the highway. Thank you very

much.

Hon. Maiyo Teresa: Thank you Hon. Speaker. I would also like to support the Motion and thank

the Hon. Members for a very interesting session that we just had. We will miss this House when

we are away on recess. The engagement has been healthy and the same should be happening all

the time so that everyone either gets their way or their say. As we go spend time with the electorate,

let us listen to them, represent their views and have Nandi County succeeding. Have a nice holiday,

enjoy yourselves and be blessed. Thank you.

34



Hon. Ng’etich: Thank you Mr. Speaker. I also stand to support this Motion and thank the Members

for their contribution taking into account that the first and second nominees were from my ward. I

thank the Hon. Members and as new Hon. Members, we have learned a lot. I also want to thank

our able Majority Leader for standing with the majority. Thank you, I also want to wish all the

Hon. Members a merry Christmas and a happy new year. I saw the Chairman of a committee with

a list that we will be interviewing the Cos. I do not know if that is the case, we have never had a

formal communication on the same. I do not know if it will go on or not. Thank you Hon. Speaker.

COMMUNICATION FROM THE CHAIR

Hon. Speaker: Hon. Members, as it is always required, by our Standing Orders, a Motion on

recess is not put to the question. We have had enough discussion I just wish to communicate the

following.

We will be having the vetting of the Chief Officers as from 13th to 19th of December as gazzeted

and advertised. The respective sectorial committees will be communicated to and I wish to urge

the Hon. Members, there is a phrase that say that the “law is an ass” the moment you decide to

take a path, do not digress from the path. I want to appreciate the House for making a decision and

for making decision on matters principle. I will sit here as the Chair and the Speaker and I will still

remind you we need to make decisions as a matter of principle. You have set the precedent, you

have set the bed you will lie upon it.

We have the vetting of the COs from 13th to 19th December 2017. We have done a role of division,

I have seen how Members vote. I have in my stock record Members voting on principle I need to

see the same principle when we will be doing the vetting. There will be no case of a double edged.

Everything is captured in the Hansard the same is laid out for the public, so it is extremely unfair

if we choose to exercise principle on one side.

For once I even heard unparliamentarily language on matters ‘closing one eye’, remember the

public watches you, it knows everything you do, I do not know if you remember that. I am

extremely happy that the members of public will know that the House has resolved to vote on

principle, to vote on the right and there will be nothing to digress. I will sit here as the Speaker and

the Chair going away confident that the precedence we have set will apply to the latter and no

question. It is on record, all the Chairs of the sectorial committees have been on the forefront

pushing the same. It is noted, it has been seen and the public will see and know.

I want to wish the House well. It has been a learning experience not just for you but as a Speaker

it has also been a learning experience and it is appreciative and I am happy. I love robust debate

and I love the idea that we stick to the principle. Personally I am passionate about the same I do

not hold any personal grudges when it comes to some decisions. When we make a decision, it is

the law, nothing else. I want to wish you the very best and confirm to you that the committee

meetings will proceed as per the gazzette notice.

35



Importantly, when we will be done with the vetting of Chief Officers, we will have to gazzette a

special sitting. That is the only thing that will bring us if it will be a matter of urgency and required

by the law that is when we will call for a special sitting in order to consider and approve the names

of Chief Officers presented before us.

We wish the Members well. The House led by myself will endeavor to ensure that your welfare is

catered for. I have undertaken and previously proven to you that what the Chair should be

concerned about is to ensure that nothing stops you from executing your mandate. Your mandate

is not just in the plenary, your mandate is also with the people. I will do everything necessary and

possible in my powers. I will also be flexible as possible to ensure all Hon. Members have ample

time and as we go out there we are contented.

Hon. Members have made comments about the harambees and all the other activities. I want us to

focus on that. It is completely unsustainable. Hon. Kipkemboi has mentioned about the salaries

even if we make the salaries to 300 thousand the harambees are still unsustainable. We have a

culture that has taken root in our society that even the able people still call for harambees even for

matters that do not strictly call for a harambee.

When I went to the university, we did not call for a harambee to escort me as a farewell but now

days, even when a student passes the exam and get admission to a University, instead of the society

celebrating, we call for harambee. We will appreciate the harambees if it is to do with health,

education but answers are not in harambees the answers lies in policy. As a House am proud to

say that we are working on that.

As Hon. Members, you have approved supplementary budget that talks about bursary. The

bursaries are distributed per ward, let it be your answer to those harambees on education. Tell them

that as MCA. I will personally ensure that the ward gets this and going forward I am going to

propose an increase in amount.

If you go to matters health, make them understand that you as Hon. Member accepted that the

amounts not to be distributed per ward so that a referral hospital can work to reduce the cost.

Explain to them, the people need explanation, there is no one who can pass these messages except

you.

Where I sit as a Speaker and a Chair, I feel it for my Members. I do not think it is sustainable and

one of the agendas of the House when we resume on February will be to consider that. I want Hon.

Members to go engage the public, start having that conversation with the Members of the public,

they are your constituents, they believed in you, they voted for you, it is their time for them to now

listen to you. You need to tell them the reality. It doesn’t help when you do ten harambees and in

each harambee you contribute five hundred shillings. If the bill is one million, and as a Hon.

Member you give two thousand and the total contribution was hundred thousand it will just be a

token of sympathy but it does not answer the problem. That is a food for thought and going forward

as an Assembly you should go on record saying we tried and we really want to solve societal

problems and issues but in a practical way we cannot hide behind that.

Hon. Kipkemboi has also mentioned about the welfare as well as the representation, I think that

now that the County Assembly forum has introduced the other chapters, I hope the leaders of

36



majority, minority, Deputy Speakers and the other MCAs will take up the matter. It is a collective

effort and all of us are on the same boat.

I appreciate your continued coming to the Assembly. My prayer is that let us be our brother’s and

sister’s keeper to ensure that all Members always make time to come. You may miss one or two

sessions but ensure that you are mindful of your colleague. You have already assumed sitting

positions, Hon. Ng’etich that is your favorite position. Hon. Kipkemboi I always see you in the

same position. So always be on the lookout, if Hon. Kebenei and Hon. Kiplagat are not there, you

should be the one to consider, remind them and look out for them so that matters can be able to be

undertaken.

Hon. Members, let me take this opportunity therefore to wish you the very best.

ADJOURNMENT

Hon. Speaker: The House stands adjourned until the next sitting.

(The House rose at 12:49 pm)

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