COUNTY ASSEMBLY OF NAKURU

Transcription

1 THE HANSARD Wednesday, 22 nd February, 2017 Assembly Building The House met at 3.00pm [The Speaker (Hon. Susan Kihika) in the Chair] PRAYERS COMMUNICATION FROM THE CHAIR -DEVOLUTION CONFERENCE NATIONAL LEGISLATIVE CONFERENCE The Speaker (Hon. Susan Kihika): I want to bring to your attention that there are two conferences that you will soon be attending and the first one will be on the 6 th through the 9 th of March. It is the Devolution Conference in Naivasha. (Applause) Then, on the 20 th through the 24 th of March 2017, you will be attending the National Legislative Conference in Mombasa (Applause) And the reason that I am reading these dates is so that the very important businesses that are coming up, such as the budget cycle and all that; as you schedule them and work on them, you take into consideration those dates when you will be absent. Thank you. MOTION NAKURU COUNTY AND SANITATION BILL NO. 5 OF 2016 (SECOND READING) Hon. Joseph Langat: Thank you Madam Speaker, I rise to move a Motion; THAT the Nakuru, County Public Health and Sanitation Bill no. 5 of 2016 be now read a second time. Madam Speaker, this Bill if it is passed is going to make Nakuru a clean town and cut the cost of treating diseases by nearly 50 percent. As of now Madam Speaker, diseases in Nakuru are mostly environment and water related. If the Bill is passed it will reduce the cost of drugs. In its provisions

2 Madam Speaker is going to have administration as part of the County Health Board, functions of the Board, functions of the Public Health Department, and general duties of the Health Officer. Part two is going to be prevention and suppression of infectious diseases where the general provisions will be inspection of infected premises and examination of persons suspected to be suffering from infectious diseases. Part IV will be housing and sanitation that will have zoning for development purposes, change of user of any land, health authorities to prevent or remedy danger from unsuitable building, building standards and approval, demolition of dilapidated structures. Others under this provision are penalty which are expressly stated, county to maintain cleanliness, provision and use of sanitary facilities, faecal sludge management, provision of decentralized water treatment, re-use of treated sludge. Part V is street cleanliness which says County to keep streets clean, owner occupier to keep premises clean, County to provide street litter bins, indiscriminate litter disposal, direct arrest for those found littering, indiscriminate pasting of posters. Part VI is public health nuisances that has nuisances prohibited, what constitutes a nuisance? Prevention and suppression of health nuisance. Part VII is food hygiene Part VIII General provisions, protection of foodstuffs which has prohibition against sale of unwholesome poisons or adulterated food, deception, food hygiene license, offenses, standard for food plants, prohibition and health measures to be taken in a food plant. Madam Speaker, there are about 107 Clauses. It is a very large Bill and this one provides for general environment cleanliness. Part II on general principles; the objective of this Act is to enable the realization of the rights to health as provided for in the constitution of Kenya and provide uniformity in respect of public health services across the County. Every person within the jurisdiction of the County is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. Every person has a right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69 and to have obligations relating to the environment fulfilled as stipulated under Article 70 of the Constitution of Kenya. Part III deals with prevention and suppression of infectious diseases; under the general provisions, a medical officer or Public Health Officer may at any given time enter and inspect any premises in which he or she has reason to believe that any person or persons are suffering or who has recently suffered from any infectious disease is or has recently been present, or any inmate of which has recently been exposed to infection of any infectious disease and may medically examine any

3 person in such premises for the purpose of ascertaining whether such person is suffering or has recently suffered from any such disease. This provision will help to prevent infectious diseases within communities. And I ask all Members to kindly pass this Bill for the benefit of our County. With those few remarks, I beg to move this Motion. Hon. Edward Kamau: Thank you Madam Speaker, I second the Motion. It is long overdue in our County of Nakuru and the provisions of this Bill will have far reaching effects on the health of our people for example where it provides protection of foodstuffs and examination of those unfit for consumption is a general concern for all of us. The food that is availed for us in the market; there are laws governing those who are selling; there are laws that protect the consumer from such foodstuffs. Madam Speaker, this Bill does not in any way infringe on rights and freedoms of the citizens of the County of Nakuru and instead expands avenues of protection, health improvement and environmental improvement. Although it is the duty of the county government to exercise the powers vested in it to provide for proper safeguards. This Bill also concerns individuals for example there is this very annoying habit that is captured in Clause 88 of the Bill where sometimes when you are driving somebody drops a packet of yoghurt from the car, a bottle of water and banana pills from the window and for me it is comforting that such a person should stand prosecution if caught engaging in such uncouth behavior. This Bill also prohibits you from pasting your posters anywhere, if you look at Section 33 of this Bill it prohibit pasting of posters anywhere and you are liable for a penalty if found doing such a thing because that is part of littering. Of much concern is this issue captured on Clauses 28 which is owner occupier to keep the premises clean, where this Bill stipulates that your own rubbish around your compound is your own personal responsibility to keep your compound clean and at the right place. In some of our towns we have seen private garbage collectors approaching landlords and asking them whether they can sign contracts and this part of taking our people much more responsible in terms of the management to their garbage. There is this issue of solid and liquid waste management. It is well captured in this Bill for example, how we manage the medical waste. This means all health facilities if this Bill is passed will have to build incinerators to burn their medical waste so that they do not become hazardous. This Bill also will have far reaching effects on the management of our big damp site called Gioto in Nakuru town because this Bill stipulates how the dumping will be done. Those people who dump their garbage along the road are the private garbage collectors. In my opinion I request the Members to pass this Bill to the third reading because it is long overdue and it will protect us. Even in the butcheries this Bill is so defined that one has a right, which if the butcher uses a panga to break the bones into dangerous bones that can be dangerous to children that is an offense, they are supposed to use hack saw to cut their meat. That tells you how refined this Bill is in terms of protecting the people of Nakuru, thank you Madam Speaker.

4 (Question proposed) The Deputy Speaker (Hon. James Tuei): Asante sana Madamu Spika, mimi nasimama kuunga mkono mswada huu na kile ambacho kimenifurahisha ni ya kwamba wale ambao hutupa takataka ovyoovyo adharani na tunavyojuwa Nakuru watu wengi kutoka nchi mbalimbali hupitia na wakituona vile tunapofanya hata watatuchukia. Tulitembea kule Rwanda na tuliona ya kuwa hawaruhusu makaratasi ya plastiki na sisi lazima tuongee kuhusu Nakuru ili tuweze kupata sifa kama Rwanda. Mambo ya kelele hasa tunapoingia katika msimu wa uchuguzi, kwa sababu watu hupiga kelele hadi asubuhi lakini huu mswada utasaidia wale ambao hawana hatia na wale ambao wamelala na wale wanaotaka utulivu. Ningependa kuomba wenzangu tupitishe mswada huu ili Nakuru tukuwe wa kwanza kuchunga wale hupenda kutupa vitu ovyo ovyo,asante. The Speaker (Hon. Susan Kihika): Thank you honorable Deputy Speaker, honorable Gichangi. Hon. Moses Njiiri: Aasante Madamu Spika,mimi nakushukuru kutokana na huu mswada,mimi nataka kuongea kuhusu takataka kutoka mahospitali na bomba la kuchomea takataka hizo. Katika hospitali ya Langalanga ule moto unaotumia kuchoma takataka kihizo in hafivu na hahuharibu takataka hizo kikamilivu na watu wangu kule Flamingo wameanza kuugua magonjwa isiyojulikana na tunaomba wizara ya afya na mazingira kuingilia kati kwa sababu tumelalamika kwa sababu ule moshi ni sumu na tumeandika barua na sisi watu kutoka kule tukiandika barua moja wino yetu hukuwa imeisha. Ile ya pili yenye tunakuwaga tukitumia ile njia ingine ya tunajua vizuri kwa hivyo tunaomba kwa heshima ile incinerator yetu pale Flamingo iwe inaondolewa kwa sababu hata zile hospitali private huleta takataka zao pale Langalanga hospital, ingawaje huwa tunawalipisha ada kidogo kwa kilo. Lakini hiyo pesa tunatumia kwa The Speaker (Hon. Susan Kihika): Yes, you may proceed Hon. Gitau Hon. Edward Kamau: (On point of Order) Madam Speaker I know how passionate my colleague is on the issues to do with Langalanga but today we are discussing the health Bill not issue to do with Langalanga hospital. Can the Hon. Member spare us issues to do with Langa Langa because we do not come from there. (Applause) Hon. Moses Njiiri: asante Mheshimiwa Spika. Kazi yangu moja ni kuwakilisha wananchi na ni mchango wangu kulingana na vile naona. Pia Langa Langa pale hii Bill inawahusu na ndio maanake nimeongea kuhusu ile incinerator. Tungependa zijengwe mbali na ile makao yetu. Kwa hivyo I am not out of order Hon. Gitau ni vile pia for representation na hii Bill inawahusu watu wa Langalanga. Kwa hayo machache naunga mkono. Asanteni.

5 Hon. Simon Ngigi: asante Mheshimiwa Spika. Pia mimi naunga mkono kama vile wenzangu wamesema. Na niseme tuko na bidii sana ya kupitisha mijadala na Bills lakini ikifika upande wa implementation inakua ni shida. Tungetaka vile tumepitisha hii Bill itekelezwe mara moja. Kwa sababu ukitokea kwa barabara zetu kama vile Mheshimiwa Gitau amesema ni aibu kubwa sana, unapata mtu anatumia vile yoghurt ama wanawake wengine wanabadilishia watoo napi kwa gari kisha wanatupa ule uchafu kwa barabara. Ningependa nyumba hili tutafute enforment, kwa barabara zetu tuweke sharia na izingatiwe ili tuangamize huu utovu wa nidhamu kwa barabara na si kwa barabara peke yake, pia kwa soko na mitaa yetu, maana unapata watu wengine wamekula ndizi na kutupa lile ganda la ndizi kiholela na hilo gada ni hatari sana kwa sababu linaweza angusha mtu na avinjike mkono ama mguu. Hii Bill imekuja ule wakai unafaa na ningeomba hii nyumba tuipitishe na itekelezwe mara moja. Na mwenye kiti wa Implementation committee ambaye alining atua bila kujua (Laughter) Nataka atekeleze kazi yake vilivyo. Hakupewa ile kiti kukalia tu, inabidi afanye kazi. Na kama ameshindwa basi niko hapa kumsaidia. I do not need your information for now (Hon. Florence stood up in her place) (Loud Consultation) The Speaker (Hon. Susan Kihika): Hon. Florence I will give you a chance. Let him finish. Hon. Simon Ngige: Madamu Spika, asante sana kwa kunilinda kwa sababu kama mwenye kiti amelalia kazi yake lazima tumuamshe na hakuna haja ya kupitisha huu mjadala kama haitakua implemented. Kwa hayo machache naunga mkono. Asante. The Speaker (Hon. Susan Kihika): Hon. Florence you may proceed. Hon. Florence Njoroge: (on a point of information) thank you Madam Speaker, whereas I do support the Bill, at the same time I am standing on a point of information. I want to inform the House it is being misled by the former Implementation Chair. When I took over I found the committee with work load which has never been implemented. I have started from scratch and I think it was just right that he was kicked out because he was sleeping on the job. In fact he was docile so to state and so far we have implemented so many Bills and at the same time we have done Bill tracking and Motion tracker and we have gone ahead and worked as per the requirement of the Standing Orders on the Implementation Committee. I am thankful because he can appreciate me. Thank you.

6 The Speaker (Hon. Susan Kihika): Thank you Hon. Jane. Hon. Jane Ngugi: Thank you Madam Speaker, I am supporting the Bill. I think this is the best and especially on the part of cleanliness. As we are talking now and I know Members will concur with me. Our towns, wards and villages are very dirty. Giving an example with Gilgil, we have had a tractor that broke down about three months ago and nobody has ever been able to pick the garbage all this time. People there blame me because they think I am the one who is supposed to do that job. When they say that the County will support cleanliness, we better support this Bill and pass it. When we talk of County to keep streets clean and contracting for the same, I think that is the best because when they contract someone and the contractor is paid then we can be assured that the work will be done. But if we depend on the casuals that we have and the few officers that we have it will be impossible. We will find that even our markets will be very dirty. So I think that is the best approach. The best of all is the provision on litter bins. The say they are going to provide litter bins for the disposal of litter in the street and public places. Sometimes we blame Members of the public but sometimes they do not have somewhere to put their litters so you find when we have a bus pack and we do not have somewhere you can put those garbage you will find that you just throw the litter in the streets. I support this Bill Madam Speaker. The Speaker (Hon. Susan Kihika): Thank you. Hon. Hillary. Hon. Hillary Korir: Thank you Madam Speaker, I support this Bill by mentioning two areas. But before I say so let me commend the mover and also encourage my colleagues that having our environment clean, somebody said cleanliness is second to Godliness. As the people of Nakuru we should be in the forefront to ensure that our environment is always clean, because that is where we dwell on daily basis. I want to note a scenario where we have these open trucks moving on highways and carrying waste disposal, such a situation is very embarrassing because you find the same litter falling down along the highways. This should not be tolerated and I think when this Bill comes into effect it will assist us a lot. Secondly, I want to say that the County should ensure before giving out a permit to any business person in any area within this County to make sure that the same person observes issues pertaining to cleaning the environment and for that case, I want to suggest that if it is not included anywhere in this Bills that it should be factored in and that premises be inspected before the business license or permit is issued. Thank you Madam Speaker. The Speaker (Hon Susan Kihika): Thank you Hon Hilary; Hon Peter. Hon Peter Muchiri: Pia mimi nimesimama kuunga mkono huu mjadala na niseme ni wa maana sana. Nitaomba pia wakati tunakuja kutekeleza hii mswada ambayo tunasungumzia siku ya leo,

7 tuangalie mwanzo mzuri kutoka kwa serikali ya kaunti hii iaangalie maslahi ya usafi kutoka kule mwisho wa kaunti. Zaidi ya hayo, kama pale panaitwa weighbridge baada ya Gilgil ambapo wasafiri wakiingia wakitaka hata kujisaidia unawakuta wanaingia kichaka kujisaidia. Kiendelea kwenda upande wa hii barabara ya Eldoret ufike Salgaa, kuna uchafu mwingi. Kwa hivyo kile ningeomba hata tukifikiria wananchi wadumishe usafi katika kaunti yetu, wacha nayo serikali ya Kaunti itenge pesa kiasi fulani ili uchafu wote ambao itaokotwa katika vituo vya biashara kuwe na pahali itawekwa. Nikiendelea, hii kamati ambayo ilifikiria kuhusu huu mswada ni kitu cha maana sana. Kaunti kupitia idara ya mazingira iangalie eneo la Gioto ambayo imejaa takataka na si kila wakati matinga tinga ya kusukuma taka inatumwa huko bali pesa itengwe ili hiyo takataka badala yake iwe inachomwa. Vile mwenzangu Mheshimiwa Wanango amesema kazi nyingi tumefanya katika hili Bunge tumepitisha Motions na Bills lakini ikiondoka katika mikono yako Madamu Spika, ikifika upande ule mwingine inakuwa tu ni ya kulaliwa na hatuioni katika kaunti yetu ikishughulikiwa na ndiyo inaonekana kama watu wanasema hatufanyi kazi. Kazi tumeifanya but the implementer s ndio hawafanyi kazi. The Speaker (Hon Susan Kihika): thank you very much Hon Peter; so what I will do is to put it to question. But Hon Ambale I can read your mind. Hon Daniel Ambale: Thank you for reading my mind. I had very little time to go through this Bill but there are some areas that as we support this Bill, we need to be careful. I have just seen two areas that got me concerned that we need to thoroughly scrutinize this document. Madam Speaker, this Bill is full of approvals and written permissions. Looking at most of the aspects require written permission and approvals. The problem is that whenever we have had every approval and permission be written, it requires some fees and charges. This is a concern because this Bill may be implemented, I agree with it but to some extent this approvals might draw back development and or make development become costly to our people. For example there is a Clause here that is talking about approval. You need to seek a written permission for you to do a sceptic tank. For you to erect a water storage you need a written permission. When you are designing your structure, there is that approval that you get from ministry of Public Works. To go am seek approval to do a sceptic tank you need a written permission, I think it might not augur well with our people because most of these approvals in the past have been used as conduit for corruption. Every time you get to an office and you want permission from any officer, it becomes a problem because an applicant would be taken back and forth until you give in to their demands. At some extent we need to be very critical to a number of approvals here. Like I have seen somewhere indicated that a dustbin is a receptacle and here you are told that if you are someone who want to use a receptacle you will be required to use one that has been approved or authorized by the county government. I think Madam Speaker... Hon Edward Kamau: Point of information Hon Daniel Ambale: Please wait with your information until I complete so that you can inform me. The Speaker (Hon Susan Kihika): Hon Gitau are you informing Hon Ambale or the House

8 Hon Edward Kamau: I want to inform the House The Speaker (Hon Susan Kihika): So Hon Ambale let him inform the House then you proceed Hon Daniel Ambale: The House is informed Madam Speaker. (Laughter) The Speaker (Hon Susan Kihika): Order! Hon Ambale you are out of Order. Hon Edward Gitau: Madam Speaker, as a Member of the Health Committee, I think it is necessary to inform my Hon. Colleague that Clause 17(1)(10) of the Bill stipulates approvals for building standards and approvals. The receptacles or the water tanks and the other additions were those that were not included in the original construction plan; and therefore must be approved because they were not in the original building plan. That is the basis of this approvals but if they were I the original plan then they do not need more approvals; thank you The Speaker (Hon Susan Kihika): Hon Ambale you may proceed Hon Daniel Ambale: I think he is correct. I also want to remove the mentality that may be construed to appear that I am opposing this Motion. However, I am just opening your eyes because we do not want to fall in trouble the next day. Madam Speaker now he has made me lose track of my point. I was concerned by this term dilapidated structures as stated in Clause 18. That the County shall have powers to demolish or cause to demolish dilapidated structures to enhance beauty, safety and health. Unless this term is well defined here, save alone safety and health, beauty is of concern. This is because it means; if somebody would look at your structure and thinks it does not appear beautiful, then that qualifies to be described as dilapidated. This word dilapidated need to be well defined in this document. Thank you. The Speaker (Hon Susan Kihika): Thank you Hon Ambale. All right then what I will do is that seeing that there is no more Members contributing, I will put it to question. (Question proposed that the Nakuru County Public Health and Sanitation Bill No 5 of 2016 be read a Second Time) (Question put and agreed to) (The Nakuru County Public Health and Sanitation Bill No 5 of 2016 was consequently read a Second Time) We stand adjourned until tomorrow Thursday afternoon at House rose at 3.40 pm