February 11, 2014 COUNTY ASSEMBLY DEBATES 1 COUNTY ASSEMBLY OF KILIFI THE HANSARD Tuesday, 11 th February, 2014 The Assembly met at the County Chambers, Malindi Town, at 2.30 p.m. [The Speaker (Hon. Kahindi) in the Chair] PRAYERS COMMUNICATION FROM THE CHAIR APPOINTMENT OF A MEMBER TO THE SPEAKER S PANEL The Speaker (Hon. Kahindi): Hon. Members of the Assembly, good evening? Hon. Members: Good evening The Speaker (Hon. Kahindi): It is my pleasure first to welcome you to this first sitting of this Assembly this year. The recess has been very long but we should all thank God that we are back here in good health. Now, I will be very brief in my communication. As the speaker of the County Assembly, I have been mandated to appoint members who will be required to sit in the Speaker s Panel. I did so previously whereby I appointed Hon. Stanley who sits in the Speaker s Forum and for purposes of balancing gender; because the Speakers Panel now has the Speaker, the Deputy Speaker and Hon. Stanley Kenga, who are both of the male gender, I have navigated through the waters of the Assembly and I do hope that am making the right decision today by appointing a female to sit in the Speaker s Panel and I have no doubt that my choice will be the choice of many and together we shall remain united. On that note, therefore, I would humbly wish to announce today that I have appointed Hon. Elizabeth Ngala to be a member of the Speaker s Panel. (Applause) (Hon. (Ms.) Ngala walked to the front and bowed) The Speaker (Hon. Kahindi): Thank you very much. Any messages, Mr. Clerk? The Deputy Clerk (Mr.Silas): None Mr. Speaker Sir. The Speaker (Hon. Kahindi): Any Petitions? The Deputy (Mr. Silas): No Petitions, Mr. Speaker. The Speaker (Hon. Kahindi): Papers? The Deputy Clerk (Mr. Silas): Yes Mr. Speaker Sir. There is a report of the Sectoral Committee on vetting of County Chief Officer nominees in the departments of Lands and Housing, Physical Planning and Energy, Industrialization and Cooperatives and Trade, Tourism
February 11, 2014 COUNTY ASSEMBLY DEBATES 2 and Wildlife, Agriculture and Livestock, Fisheries Development, Water and Environment, Forestry and Natural Resources. The Speaker (Hon. Kahindi): The chairperson, kindly. PAPERS LAID REPORT ON VETTING OF COUNTY CHIEF OFFICERS ON LANDS AND HOUSING, PHYSICAL PLANNING AND ENERGY, INDUSTRIALIZATION AND COOPERATIVES AND TRADE, TOURISM AND WILDLIFE. Hon. Kombo: Thank you, Mr. Speaker. I wish to present the report on the exercise that was carried out by the committee on Tourism, Trade, Cooperatives and Planning on the vetting exercise for the Chief Officers by this committee. The County Assembly of Kilifi Committee on Planning, Trade, Tourism and Cooperatives was constituted pursuant to the provision of the Standing Order 191 and has executed its mandate in accordance with the provisions of the Standing Order, which mandates the committee to: - a) Investigate and inquire into all matters relating to the assigned Department as they may be necessary and as may be referred to them by the County Assembly; b) Vet and report on appointments based on the Constitution which by law requires the County Assembly to approve the nomination of the County Chief Officers pursuant to Section 45(1) of the County Government Act, 2012. His Excellency the Governor forwarded to the clerk of the County Assembly of Kilifi the names of the following four nominees via a letter dated 8 th of January 2014 for vetting by the respective Sectoral Committees and consideration for approval by the County Assembly for appointment as County Chief Officers. The following are namely; 1) Mr. James Kapanya Nguzo, for Lands and Housing 2) Mr. Charo Kennedy Kazungu, for Physical Planning and Energy 3) Ms.Patience Umazi Chimba for Industrialization and Cooperatives 4) Mr. Huzefa Kasamali, for Trade, Tourism and Wildlife. So on behalf of the Committee, pursuant to Standing Order 191, it is my pleasant duty to table this report of the Sectoral Committee on Planning, Trade, Tourism and Cooperatives on the vetting of the nominees. Thank you. (Hon. Kombo laid the document on the table) The Speaker (Hon. Kahindi): I now propose that the report as tabled is ready for deliberation by the house. Hon. Dele, do you have anything to say? You look amused. Are we saying that we have nothing to say on the report so that I can now put the question for adoption? Is there anybody to second so that we proceed? (Hon. Mangi stands and nods in his place)
February 11, 2014 COUNTY ASSEMBLY DEBATES 3 The Speaker (Hon. Kahindi): Yes Hon. Mangi. Thank you very much. I know it has been a long holiday but I will be inclined to put the question so that we adopt the report and move on. Yes Hon. Leader of Majority, you have something to say? Kindly take the microphone for the purposes of recording. The Assembly Leader of Majority (Hon. Mwathethe): Thank you Mr. Speaker for the opportunity. I have no objection Mr. Speaker. If everybody is for the idea, I will as well appreciate. Thank you. The Speaker (Hon. Kahindi): So in other words you are in support of the report. Thank you very much. Any other person who wishes to make a contrary opinion? Okay, I will now move to put the question that the committee on Tourism and Cooperative as tabled before this house a report of vetting exercise which was done at the Assembly, and the same seems to have no objection. (Question put and agreed to) The Speaker (Hon.Kahindi): Thank you very much. Mr. Clerk let us move on to the next item. The Deputy Clerk (Mr.Silas): There is a report on the Sectoral Committee on the vetting of County Chief Officer nominees in the Department of Agriculture and Livestock, Fisheries Development, on Water and Environment, Forestry and Natural Resources. The Speaker (Hon.Kahindi): Hon. Chairman to rise up. REPORT ON VETTING OF COUNTY CHIEF OFFICERS ON AGRICULTURE AND LIVESTOCK, FISHERIES DEVELOPMENT, WATER AND ENVIRONMENT, FORESTRY AND NATURAL RESOURCES. Hon. Gambo: Thank you Mr. Speaker Sir. On behalf of the Committee, according to Standing Order 191 (5) (g), it is my pleasant duty to present a report on behalf of the Sectoral Committee on the vetting of nominees to the position of County Chief Officers, after receiving the name of the nominees to the position of County Chief Officers; the committee held sittings on Friday, January 24 th 2014. According to the vetting exercise, the committee made reference to the Constitution, the Public Appointments, and Parliamentary Approval up to no. 33 of 2012, the County Assembly Standing Orders, and the County Government Act. The Governor forwarded to the Clerk of the County Assembly of Kilifi the names of the following four nominees via a letter dated 8 th January 2014 updating the Sectoral Committee and seeking approval of the County Assembly on appointment as County Chief Officers. The nominees are; a) Mr. Daniel Baha Nguma of the Department of Agriculture and Livestock b) Ms. Saadu Hashim Rashid of Fisheries Development c) Mr. Makoti Andrew Makonde for Forestry and Natural Resources d) Mr. Samuel Kombe Mungari for the Department of Water These are the nominees who were brought forward and I am asking for their adoption by the Assembly. Thank you. (Hon Gambo laid the document on the table)
February 11, 2014 COUNTY ASSEMBLY DEBATES 4 The Speaker (Hon. Kahindi): Anybody to second the report, Yes Honorable Hon. Mwingo: Thank you Mr. Speaker. Being a member of the committee, I stand to second the report. The Speaker (Hon. Kahindi): Thank you. I do now propose that the report as tabled is ready for deliberation by the Assembly. Yes Hon. Daniel Mangi, you have caught my eye, so please. Hon. Mangi: Thank you Mr. Speaker for giving me this opportunity. Mr. Speaker, I think the committee did a very wonderful job. They vetted the nominees and I am convinced that their recommendations are proper and that the nominee who have been approved, or in the event that there is any whose nomination has been turned down, that is really within the powers of that committee. So, I really support this report, Mr. Speaker Sir. The Speaker (Hon. Kahindi): Thank you. Yes Hon. Albert Kiraga. Hon. Kiraga: Mr. Speaker having gone through the qualifications of the nominees, their employment records, tax compliance and integrity issues, I have no doubt that these people can perform whatever duties they are going to be given in this County. I support this document. Thank you. The Speaker (Hon. Kahindi): Thank you very much. Now, I will move forward and put the same question in the section of the Committee on Agriculture, Environment and Natural Resources that did the vetting for the Chief Officers and made a report that has now been tabled before this Assembly. (Question put and agreed to) (Applause) The Speaker (Hon. Kahindi): Mr. Clerk, any Notices of Motion? The Deputy Clerk (Mr. Silas): There is a Notice of Motion by Hon. Stephen Bahati Mlanda from the Departments of Roads, Transport and Public Works. The Speaker (Hon. Kahindi): Hon. Stephen Mlanda, please proceed. NOTICE OF MOTION ERECTION OF BUMPS ON KILIFI COUNTY ROADS Hon. Mlanda: Thank you very much Mr. Speaker. I have here, the Motion of Transport Roads and Public committee: Aware, that within the Kilifi County Highways and Roads, many accidents have happened, injuring and killing hundreds of people. Further aware that parts of these roads have some bumps erected such as Malindi-Mombasa road, Mombasa-Mariakani and Mazeras- Kaloleni. Noting that, along the roads, the bumps erected are very few and we have trading centres without bumps where accidents happen every month such as: Gede Malindi Road; we need bumps erected at Kizingo Stage, Msabaha Trading Centre Stage, Kwa Abudu Trading Centre Stage, Kijiwe Tanga Trading Centre Stage, Thalatha meli Trading Centre Stage and Kwa Chocha Stage.
February 11, 2014 COUNTY ASSEMBLY DEBATES 5 If we go to Malindi-Lamu Road on the main road to Lamu we need bumps to be erected at Gongoni Trading Centre, Marereni, Musumarini and Kanagoni. When we go to Kaloleni-Mazeras road, we need bumps at Mekingi, Bondora, Makini, Mukapuni,Shika Adabu and Mwanguta. At Kilifi, Kwa Chokwe, Kituoni, Kadenge Fujo and the Malindi Road. We have the Mombasa-Nairobi Highway where we need bumps to be erected at Mariakani District Hospital gate. If we take the road to Mariakani and Kaloleni, we need bumps to be erected at Brilliant Kaloleni Matatu Stage and Kavinautu. Aware that the bumps are of paramount importance in reducing further accidents, I urge the County Executive member in-charge of Roads, Transport and Public Works to make sure that bumps are built, signboards erected and coloured appropriately at the said areas to avoid further injuries and the loss of life by our people within the Highways and Roads of Kilifi County. Thank you, Mr. Speaker. The Speaker (Hon. Kahindi): Thank you Hon. Mlanda for that notice. I think the same will be brought before the house for deliberations of the main Motion on 18 th of February 2014. Thank you very much. Mr. Clerk, any statements? The Deputy Clerk (Mr. Silas): No Statements, your Honour The Speaker (Hon. Kahindi): Any Motions? The Deputy Clerk (Mr. Silas): No Motions, Mr. Speaker Sir The Speaker (Hon. Kahindi): Any Bills? The Deputy Clerk (Mr. Silas): There are two bills, first the Kilifi County Finance Bill 2014 for First reading. BILLS First Reading THE KILIFI COUNTY FINANCE BILL 2014 Hon. Mangi: The Kilifi County Finance Bill 2014; an act of the County of Kilifi to provide for various taxation and imposition of taxes, charges on services and other revenue regulating measures by the County Government and for matters of incidental. The Speaker (Hon Kahindi): Thank you. That bill will now be ceased with the proper Head of the Budget Committee and as the law requires you need to do the honours and report this back to the Assembly in 21 days. Any other Bill? The Deputy Clerk (Mr. Silas): There is the Bill for Kilifi County Tax waivers Administration Bill 2014 for the First reading. First Reading THE KILIFI COUNTY TAX WAIVERS BILL 2014. Hon. Mangi: The Kilifi County Tax Waivers 2014, a bill for an act of County Assembly of Kilifi to provide for the regulation of administration of tax waivers; to give further effect to Article 210 of the Constitution and for connected purposes.
February 11, 2014 COUNTY ASSEMBLY DEBATES 6 The Speaker (Hon. Kahindi): Thank you once again. That Bill has now been referred to the Budget and Appropriations Committee for deliberation and other reports to be made to the Assembly within 21 days. ADJOURNMENT The Speaker (Hon. Kahindi): Thank you very much Honorable Members of the Assembly for today s session; being the first sitting of this session. The house will now adjourn and reconvene again tomorrow at 9am. COMMUNICATION FROM THE CHAIR KAMKUNJI The Speaker (Hon. Kahindi): I kindly urge that once the mace has been moved out, there are a few house matters that I would want to communicate to you. So kindly stay put because we don t have the conference room now since it is fully occupied. I will be back in two minutes so that we can have a brief session before we disperse. Thank you very much. The House rose at 4:00pm