THE LAIKIPIA COUNTY ASSEMBLY

Transcription

1 REPUBLIC OF KENYA THE LAIKIPIA COUNTY ASSEMBLY FIRST ASSEMBLY THIRD SESSION ANNUAL REPORT FOR 2014/2015 FINANCIAL YEAR and WORKPLAN FOR 2015/2016 FINANCIAL YEAR BY THE PROCEDURES AND RULES COMMITTEE Dated: 15 th September, 2015 i

2 TABLE OF CONTENTS PREFACE... ii 1.0 INTRODUCTION COMMITTEE S MANDATE Committee s limitation to mandate MEMBERSHIP Committee Staff COMMITTEE S ACTIVITIES Committee s Meetings Milestones Pending Business Report writing OBSERVATIONS RECOMMEDATIONS ACKNOWLEDGEMENT... 8 APPENDIX I ADDENDUM (AMENDMENTS TO STANDING ORDERS)... i APPENDIX II - WORKPLAN FOR 2015/ viii i

3 PREFACE The report provides a summary of all activities undertaken by the Procedures and Rules Committee for the 2014/2015 Financial Year which is the period under review. Within the report, there are observations and recommendations that will help the committee move forward. Standing Order 179(2) and (4) envisages that a select committee s report shall be adopted by a majority of the members and signed by the chairperson on behalf of the committee. Standing order 179 (6) further states that the report should be tabled within fourteen days of the committee s conclusion of proceedings. In the committee s pursuit of high quality services to the County Assembly of Laikipia, the committee welcomes suggestions for further improvement. ii

4 1.0 INTRODUCTION This report contains factual information on the committee activities in the year under review. The report also contains information on pending issues as well as the reports tabled and adopted by the House during the 2014/2015 Financial Year. The Procedure and Rules Committee was constituted by the House on 24 th April 2013 pursuant to provisions of Standing Order 187(3-6). 2.0 COMMITTEE S MANDATE The committee s mandates is around the Standing Orders both compliance and amendment of the same when need arise. The Committee is mandated to, amongst other matters, consider and report on all matters relating to the Standing Orders. The Committee is also mandated to propose amendments to the Standing Orders for consideration by the House. Further, the Committee may, from time to time, propose rules for the orderly and effective conduct of business of Committees. Such rules, once approved by the House have the same effect as the Standing Orders. The committee is also mandated to write reports on its activities as well as annual reports. 2.1 Committee s limitation to mandate Pursuant to Standing orderv177 (1-2), the committee is limited to its mandate as follows:- (1) The deliberations of a select committee shall be confined to the mandate of the committee and any extension or limitation of that mandate as may be directed by the County Assembly and, in the case of a select committee on a Bill, to the Bill committed to it and relevant amendments. (2) In the exercise of its functions, a select committee may not consider any matter that is not contemplated within the mandate of the County Assembly under the Constitution. 1

5 3.0 MEMBERSHIP The committee s membership has been as follows until 27 th May, 2015: Hon. Patrick Mariru Speaker/Chair Hon. Peter K. Ngari Vice Chair Hon. Jane Meshami Member Hon. Chalubo Ole Kaparo Member Hon. Peter Thomi Member When the Standing Order amendment report was tabled and adopted on 28 th May, 2015, the committee s membership changed by acquiring a sixth member from the Speaker s Panel. 3.1 Committee Staff During the reporting period, the committee was allocated one Clerk Assistant and one Researcher. 4.0 COMMITTEE S ACTIVITIES The following is a summary of the committee s activities. 4.1 Committee s Meetings Date Agenda Resolution 16 th July 2014 Kiswahili version of Standing Orders: 25 th August, 2014 MCA s Training on Standing Orders: Annual Report for 2013/2014: 2 The Kiswahili version of standing orders (Kanuni Za Mbunge) was approved and for use by the Assembly and agreed to table the committee s report on the same. The training took place on 30 th September, The report was adopted with the additional observations and recommendations Observations: Most of the Assembly committees did not follow the standing

6 orders. Recommendations: Training on the use of standing orders will be done continuously The training was held on 30 th September, 2014 attended by MCAs, directors and Clerk Assistants. Benchmarking trip The committee has never undertaken a benchmarking trip. Tabled annual report The report was tabled on 24 th September 2014 Training with other counties: Agenda to be discussed at a later date 25 th September 2014 Training of all MCAs on Kanuni Za Bunge: 8 th October, 2014 Post-mortem on Kanuni Za Bunge Training 16 th October, 2014 Validation of the Committee s report on Kanuni Za Bunge 5 th November, 2014 Follow up on Kanuni Za Bunge 12 th November, 2014 Receiving the delivered Kanuni Za Bunge Training was organised at a later date. Kanuni za Bunge was tabled on 16 th October The report was validated and October, 2014 at 2.30 pm. on 16 th The International Commission of Jurists funded both training of members on the Kanuni Za Bunge and the printing of Kanuni Za Bunge which were delivered on 12 th November, 2015 The committee received 120 copies of Kanuni Za Bunge. The committee members scrutinized the Kanuni a Bunge before issuing them to other members. Copies were distributed during the day s afternoon plenary. The vice chair laid Kanuni Za Bunge as paper laid at 2.30 pm. Members were encouraged to propose amendments on the Kanuni za Bunge. 12 th February, 2015 Proposed Amendments on Standing Orders SOs 60, 217, 128, 225, and 188 (Appendix I) Pending Issues Training on Kanuni Za Bunge: The chairman reported that International Clerk to County Assembly appreciated the good work of ICJ on behalf of the Assembly and committee. The proposals were given to the Legal Counsel to check on the legal language The training did not take place in March as ICJ did not complete the logistics process. 3

7 Commission of Jurist was making logistics on funding the training which might take longer than expected. Meeting with Nyeri County Assembly Procedures and Rules Committee 17 th February, 2015 Briefing on meeting with Nyeri County Assembly: 20 th February, 2015 Joint meeting with Nyeri County Assembly Public Participation Bill: The bill was initiated by the committee and that time to enact the bill had lapsed due to delay from the executive to give feedback. Committee meetings: The committee sits twice a week to deliberate on the procedures and rules for the Assembly Challenges faced by the committee - The youth groups are used to mobilise the public. Participation is high in public barazas. Hawking is used as a strategy to issue bills and has proved successful. - Politics carry the day in most instances. - The participants expect allowances and lunches during public hearings - In most cases, only the youth participate. - There is always delayed feedback from the executive. To meeting took place between 19 th and 21 st February, 2015 The committee travelled on 19 th February, 2015 after Thursday plenary session and started the meeting on 20 th February 2015 at 8.30 am The committee has been joining hands with the sectoral committee to succeed on the Assembly business. The Procedures and Rules Committee (Laikipia County Assembly) has not been in a position to sit twice in a week. Civic education has been done during MCAs forums, meetings between business community and assembly and during public hearings. Joint training: The two committees will hold joint trainings in future. 4

8 It is the duty of the Procedures and Rules committee to ensure proper operations in the plenary and any problem in the chambers is directed to the committee. 24 th February, 2015 Postmortem on the joint visit Lessons Learnt:- (i) Procedures and Rules Committee should be among the busiest committee committees in the Assembly. (ii) Problems originating from the Plenary and procedures of the chambers should be handled by the committee; (iii) The Nyeri Assembly has never adopted their Standing Orders and still use the Interim ones. 10 th March, 2015 Report on amendments to Standing orders 24 th March, 2015 Report writing on amendments to Standing orders: Local Benchmarking: The agenda has not been implemented since it was proposed due to lack of funds. Request by Nyeri County Assembly Procedure and Rules Committee to Benchmark with Laikipia: The committee was in receipt of a request by its counterpart in Nyeri County Assembly to benchmark with Laikipia County Assembly Procedures and Rules Committee between The committee has always been alert on the plenary operations. That Laikipia County Assembly has had the same as challenges as those faced by Nyeri in the event of any Public Participation Exercise. The Legal Counsel and the Deputy Clerk edited the report The report was written between 16 th 18 th April, The committee did not undertake the benchmarking in May, 2015 The committee sent a regret letter and proposed 31 st March 3 rd April, 2015 for the meeting though it did not take place. 5

9 27 th and 28 th March, Since the Assembly has lost one of its staff (Martin Mutahi Baragu), members agreed to attend the funeral. 15 th April, 2015 Report writing retreat amendments to standing Orders 17 th April, 2015 Amendments to Standing Orders (Appendix I) 18 th April, 2015 Amendments to Standing Orders(Continuation) The members discussed and agreed to the proposals (Appendix I) 19 th April, 2015 Amendments to Standing Orders. This was a continuation of the meeting held on 18 th April, 2015) (Appendix I) 6 th May, 2015 Proposed amendments to Standing Orders. The report writing took place between 16 th 20 th April, The Legal Counsel checked and advised on the legal language. The Legal Counsel checked and advised on the legal language. The Legal Counsel checked and advised on the legal language. Amendments approved by the committee 13 th May, 2015 Additional amendment on First Schedule Sectoral Committees (Standing Order 189) (Appendix I) 3 rd June, 2015 Adoption of SO amendment report The amendment was approved. The report was tabled and adopted on 28 th may, 2015 The addendum was attached at the back of the Standing Orders. The amended Standing Orders were tabled on 11 th June, 2015 and requested members to hand in their copies to the committee clerk to attach the amendments. The affected members were informed 6

10 4.2 Milestones The committee with the help of the International Commission of Jurists was able to translate the Standing Orders into Kanuni za Bunge which was tabled and adopted on 16 th October, The committee again was able to amend the Standing Orders. The report was tabled and adopted on 28 th May, The amended Standing Orders were tabled and adopted on 11 th June, Pending Business The committee agreed to carry forward the following issues:-. 1. Benchmarking with other counties; 2. Training of members on Kanuni Za Bunge; and 3. Training on the committee s mandate with other counties. 4.4 Report writing The committee was able to write its report on the proposed amendments to Standing Orders between th April, The report was tabled and adopted on 28 th May, OBSERVATIONS The committee made the following observations:- (i) (ii) (iii) The committee was unable to follow its workplan due to lack of funds; Members and staff have been using the Assembly s Standing Orders to the fullest; Members are readily willing to propose amendments to the Committee on the Standing Orders. 6.0 RECOMMEDATIONS The committee recommends that:- (i) All the pending issues be given priority in the 1 st quarter of 2015/2016; (ii) (iii) (iv) To review the committee s workplan on quarterly basis; House adopts the Procedures and Rules Committee s annual report for 2014/2015; and Members be encouraged to propose amendments where necessary moving forward. 7

11 7.0 ACKNOWLEDGEMENT The committee wishes to sincerely thank the members of Procedures and Rules Committee for their dedication, tireless effort and undivided commitment to see this committee deliver up to its mandate through plenaries, meetings and trainings. The committee would also wish to thank the Clerk of the County Assembly, for facilitating the committee when they needed to perform its duties inside and outside the Assembly. Finally, we thank all members who have journeyed with this committee this far. Signed on this. th day of September, 2015 Hon. Patrick Mariru Speaker/Chair... Hon. Peter K. Ngari Vice Chair... Hon. Jane Meshami Member... Hon. Chalubo Ole Kaparo Member... Hon. Peter Thomi Member... Hon. Beth Muchiri Member... 8

12 APPENDIX I ADDENDUM (AMENDMENTS TO STANDING ORDERS) Following the adoption of the Report on the Amendment of Standing Order, the following Standing Orders read as follows:- Speaker s Panel 16. (1) There shall be a panel to be known as the Speaker s Panel which shall comprise four Members to be known, respectively, as the First, Second, Third and Fourth Chairperson of Committees and who shall be entitled to exercise all the powers vested in the Chairperson of Committees. (4)Whenever a Motion for approval under paragraph (3) is moved in the House, no objection against the proposed membership on the Speaker s Panel of any particular Member shall be permitted and objections, if any, shall be formulated and considered against the proposed membership as a whole. (5) In nominating the Members of the Speaker s Panel, the Speaker and the House Business Committee shall have regard to the relative party majorities in the House and shall ensure, so far as shall be practicable, that at least one member of the Panel is from either gender. Discharge of a Member from Speaker s Panel 17. (1) The Speaker may, in writing, to the House Business Committee give notice, that a member is to be discharged from the Panel. Presiding in the Assembly 18. The Speaker shall preside at any sitting of the Assembly but in absence of the Speaker, the Deputy Speaker shall preside and in absence of the Speaker and the Deputy Speaker, a member of the Speaker s Panel shall preside. Adjournment of the House 32. (1) A Member may at any time, for reasons stated, seek leave to move That, this Assembly do now adjourn. Members general statements 44. (2) A member who wishes to seek leave to raise a matter under this Standing Order shall, before 2.00 pm on the day the statement is to be made, hand to the Speaker a written notification of the matter, but the Speaker shall refuse to allow the request unless satisfied that the matter may properly be discussed in the Assembly. i

13 PART XIII- PROCEDURE FOR REMOVAL FROM STATE OFFICE Procedure for removal of the Speaker and the Deputy Speaker 61. (1) The Speaker may be removed from office by the assembly through a resolution supported by not less than seventy five percent of all the members of the Assembly. (2) A notice of the intention to move a motion for a resolution to remove the Speaker shall be given in writing to the Clerk of the Assembly, signed by at least one third of all the members of the Assembly stating the grounds for removal. (3) A motion for a resolution to remove the speaker shall be presided over by a member of the Assembly elected to act as speaker as contemplated under Article 178 (2) (b) of the Constitution. (4) Before the debate and voting on a motion under paragraph (3), the Speaker shall be accorded an opportunity to respond to the allegations on the floor of the assembly. (5) The removal of the speaker shall apply, with the necessary modifications, to the removal of the Deputy Speaker. Procedure for removal of Member of County Executive Committee 65. (6) When the Motion has been passed by at least one-third of all members of the Assembly, the Assembly shall, within seven (7) days, appoint a Select committee comprising of five of its Members to investigate the matter; and shall, within ten days, report to the Assembly whether it finds the allegations against the Member of county executive to be substantiated. Right to be heard 66. (1) Whenever the Constitution, any written law or these Standing Orders (b) requires the Assembly to hear a person on grounds of removal from office, or in such similar circumstances, the Assembly shall hear the person- Re-introduction of Bills (ii) for a duration of not more than two hours or such further time as the Speaker may, in each case determine 133. (2) A Bill that has been published, read a First Time or in respect of which the Second Reading has not been concluded- ii

14 (b) at the end of two consecutive Sessions of the same Assembly shall lapse at the end of the second Session and may be republished in the same or different form in accordance with standing order 110 (Introduction of Bills). Assembly Procedure and Rules Committee 187. (2) The committee shall comprise the Speaker as chairperson, the Deputy Speaker, members of the Speaker s Panel and not more than two other Members. Committee of Privileges 188. (1) There shall be established a committee, to be known as the Committee of Privileges, consisting of the Speaker and six other members of the Assembly under the chairmanship of the Speaker (2) The members of the Committee of Privileges other than the Speaker shall be nominated by the Committee on Selection of the Assembly (3) The quorum of the Committee of Privileges established under subsection (1) shall be four including the chairman, but otherwise, subject to the National Assembly (Powers and Privileges) Act, the Committee shall regulate its own meetings and its own procedure Appointment of Sectoral Committees 191 (4) The mandate of Sectoral Committees in respect of the subject matter assigned under the First Schedule of these Standing Orders shall only be exercised within the limits contemplated under Part 2 of the Fourth Schedule to the Constitution. Procedure on Supplementary Estimates 215. (3) Paragraphs (3) and (4), of Standing Order 212 (Procedure in Committee of Supply) shall with the necessary modifications, apply to Supplementary Estimates. Passage of Finance Bill 217. Not later than ninety days after passing the Appropriation Bill, the Assembly shall consider and approve the Finance Bill with or without amendments. Consideration of Finance Bill 218. (1) Following the submission of the legislative proposal by the Member of County Executive Committee responsible for finance under Standing Order 213 (Pronouncement of the Budget highlights and Revenue raising measures), iii

15 the Finance Committee shall introduce, to the Assembly, the Finance Bill in the form in which the bill was submitted as a legislative proposal by the Member of County Executive Committee responsible for finance together with any report of the committee on the Bill. Restriction of access to the Chamber 225.(1) No person other than a Member shall be admitted into any part of the Chamber appropriated to the exclusive use of Members of the Assembly while the Assembly or the Committee of the whole Assembly is sitting. (2) Paragraph (1) does not apply to the Clerk or other officers of the Assembly when discharging their duties in the service of the Assembly. Failure to attend sittings 229. (1) If, during any Session, a Member is absent from eight sittings of the Assembly without permission in writing from the Speaker, the Speaker shall report the matter to the Assembly and the matter shall stand referred to the Committee of Privileges for hearing and determination. (2) The Committee of Privileges shall inquire into a matter referred to it under paragraph (1) within fourteen days from the date the matter is referred to it and shall thereupon submit a report to the Assembly. (3) If the report of the Committee finds that the Member has offered a satisfactory explanation for the Member s absence from eight sittings of the Assembly without the permission in writing from the Speaker, there shall be no further proceedings in the Assembly in respect of the matter. (4) If the report of the Committee finds that the Member has not offered a satisfactory explanation for the Member s absence from eight sittings of the Assembly under paragraph (1), the Chairperson of the Committee or a Member of the Committee designated by the Committee for that purpose shall, upon submitting the report, give a three days notice of a Motion that, This Assembly notes the Report of the Committee of Privileges laid on the Table of the Assembly on regarding.with other necessary modification (5) A Motion under paragraph (4) shall be debated in the usual manner of debating Motions, except that- (a) no amendment shall be permitted to the Motion; (b) the debate of the Motion shall not be anticipated by a Motion for the adjournment of the Assembly, and no dilatory Motion shall be moved in relation to the business, and the business shall not be interrupted under any Standing Order. iv

16 (6) At the conclusion of the debate on a motion under paragraph (4), the Speaker shall not put a question but shall declare that, pursuant to Article 194 of the Constitution, the office of the Member concerned has become vacant. Seating in the Chamber 230.(1) There shall be reserved seats in the Chamber of the Assembly for the exclusive use of each of the following- (a) The Deputy Speakers; (b) (c) (d) (e) (f) (g) The Leader of the Majority Party; Leader of the Minority Party; Members of the Speaker s Panel; Majority Whip; Minority Whip Members with disabilities v

17 FIRST SCHEDULE SECTORAL COMMITTEES [Standing Order 191] Sectoral Committee Finance and County Planning Trade, Tourism and Cooperatives Labor, Social Welfare and Community Services County Cohesion, justice and legal matters Agriculture, Environment and Natural resources Transport and public works Subject Area County public finance and planning, development including statistics; land survey and mapping; boundaries and fencing; housing and electricity and gas reticulation and energy regulation Trade development and regulation including the markets; trade licenses (excluding regulation of professions); fair trading practices, local tourism and cooperative societies All matters relating to labor, trade union relations, manpower or human resource planning, gender, culture and social welfare; all matters relating to cultural activities, public entertainment and public amenities, including betting, casinos and other forms of gambling, racing, liquor licensing, cinemas, video shows and hiring, libraries, museums, sports and cultural activities and facilities and county parks, beaches and recreation facilities; firefighting services and disaster management, control of drugs and pornography; and annual animal control and welfare, including licensing of dogs and facilities for the accommodation, care and burial of animals All matters related to ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations in governance as the local level and assisting communities and locations to develop administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level; administration of law and justice, including working and collaborating with national government on security matters All matters related to agriculture, including crop and animal husbandry, livestock sale yards, county abattoirs, plant and animal disease control and fisheries; implementation of specific national government policies on natural resources and environmental conservation, including soil and water conservation and forestry and control of air pollution, noise pollution, other public nuisances and outdoor advertising All matters related to County transport, including county roads, street lighting, traffic and parking, public transport and ferries and harbors, excluding the regulation of international vi

18 Health Services Education, vocational training and ICT and national shipping and matters related thereto; county public works and services including storm water management systems in built up areas and water sanitation services All matters related to County health services including in particular county health facilities and pharmacies, ambulance services, promotion of primary health care, licensing and control of undertakings that sell food to the public, veterinary services (excluding regulation of the profession), cemeteries, funeral parlors and crematoria and refuse removal, refuse dumps and solid waste disposal All matters related to pre-primary education, village polytechnics, homecraft centers and childcare, children, youth welfare and all ICT related issues. vii

19 APPENDIX II - WORKPLAN FOR 2015/2016 Activity Sub Activity Month Normal committee meeting Housekeeping issues July Writing of 3 rd and Annual report for 2014/2015 F/Y Planning August Briefing August Deliberations August Report writing September Training Kiswahili version standing orders Training September Deliberations September Report writing at Nyeri September Propose amendments on standing orders Briefing October Deliberations October Report writing October Review of Standing Orders (Kanuni Za Mbunge) Planning November Briefing November Deliberations November Report writing November Writing of 1 st Quarterly report Planning meeting December Briefing meeting December Report writing December Joint Training on mandate Planning January Briefing January Training January Deliberations January Report writing January Review of The Committee's Workplan Normal committee meeting January Local Benchmarking Planning February Briefing February Deliberations February Visit and Report writing February Normal Committee meeting House keeping March Writing of 2 nd quarterly report Planning March Briefing March Deliberations March Report writing March Normal committee meeting Planning April Writing of 3 rd Quarter report Planning May Briefing May Deliberations May Report writing May Consider and report on all matters relating to the Standing Orders Planning June viii

20 Briefing Deliberations Report writing June June June ix