first assembly plenary session week.pdf · 12th april 2016 tuesday (afternoon session) (hon....

TRANS NZOIA COUNTY ASSEMBLY DEBATE

Disclaimer: The electronic version of the County Assembly Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, County Assembly of Trans Nzoia

FIRST ASSEMBLY PLENARY SESSION

12TH APRIL 2016

TUESDAY (AFTERNOON SESSION)

(Hon. Speaker in Chair)

(Prayers)

Speaker: Clerk, first item on the Order Paper?

COMMUNICATION FROM THE CHAIR

Speaker: Honorable Members, I take this opportunity to welcome you back from a short recess

of one week. I hope you found it useful. Today we have been doing an exercise by signing court

conduct. We are late because we have to commission and sent to Nairobi for record keeping.

Next item on the Order Paper?

PAPERS

Report by Agriculture, Environment and Natural Resources Committee on illegal logging

in Forest in Trans Nzoia County by Hon. John Likovele.

Speaker: Hon. Nangekhe, the Vice Chair to table on his behalf.

Hon. Nangekhe: Thank you Mr. Speaker, I beg to table the report on behalf of my Chair who is

feeling unwell.

REPORT BY AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES

COMMITTEE ON ILLEGAL LOGGING IN FOREST IN TRANS NZOIA COUNTY

THE MOTION

The motion on illegal logging in forests Transnzoia county was on 14th August 2013 in the

county Assembly of Trans Nzoia by Hon Toroitich.



The motion was debated by members and the Speaker Hon David Sifuna referred it to the

committee on Agriculture, Environment and Natural Resources. The speaker directed the

committee to visit forests across the county and examine the destruction caused by illegal

logging and make recommendations to the county Assembly.

The motion reads as

That ,aware that dubious business people are taking advantage of the new government

transitional period to cut down trees around Mt.Elgon region leading to environmental

degradation and their aim is to harvest timber which they transport to Nairobi and as

consequence denying the county government the income associated with it,and deeply concerned

that the activities may lead to drought and affect our country,s agrictural declined .This house

now urges the executive arm of the county government to exercise its mandate as stipulated in

thye Fourth schedule of the new constitution and protect forests by banning the said illegal

logging.

During debate members vehemently supported the motion,noting that illegal logging was

rampant in all the forests within county.

The following were some of the contributions;

1.Hon Gilbert Kitiyo said illegal going was rampant at Telbet primary school within Kinyoro

ward and had affected the performance of the school.

2.Hon Ronald Matongolo said exploitation of trees in his area was done by foreigners and they

used heavy machinery that also destroyed local roads.

3.Hon Patrick Kisiriero said forest officers in the county had overstayed at stations and blamed

them for colluding with illegal loggers to destroy forests.

4. Hon Rose Malinga said charcoal burners were brazenly and wantonly destroying indigenous

tress,thereby threatening the eco system.



5.Hon David Kaboloman concurred with Hon Kitiyo noting that illegal loggers were milling

trees near schools thereby contributing to their poor academic,performances,adding that the said

loggers were protected by powerful people.

6.Hon Naomi Okul said harvesting of trees was causing environmental degradation,soil erosion

and drought and if the trend continued the county might plunge into and an cycle of famine.

7.Hon Mukuha Munene noted with concern that even as loggers were cutting down trees no

similar effort was under way to replenish the stock.

8.Hon Milcah Nangekhe concurred with Hon Munene and added that revelant authorities such a

Kenya Forest services and Nema be summoned before the situation gets out of hand.

9.Hon John Likovele described the situation as akin to a war perpetuated against the county and

was being conducted by a syndicate of the high and the mighty.He called upon the political to be

prepared for action.

10.Hon Njoroge Kuru said a thorough audit of the problem must be undertaken noting that it

would be difficult to achieve the desired 10% forest cover if depletion of forest went on the rate.

11.Hon Elizabeth Birgen said women and children will feel the brunt if forest are depleted

because it it from there that they fetch firewood and get water for their families.

12.Hon Andrew Kutitila concurred with Hon Kisiero noting that the people who were supposed

to protect the forests were danger to it and supported the suggestion that forest officers who had

overstayed in stations be moved.

13.Hon Simon Makhanu said locals were harassed by guards inside the forests for fetching

firewood yet powerful foreigners were allowed to roam freely felling down trees with

abandon.He urged the county government to come up with a law to protect local resources and

also ensure that public resources like trees benefit public institutions such as schools,hospital etc.

14.Hon Everlyne Nelima said that there was need to introduce other sources of energy as viable

option as over reliance on charcoal posed danger to the survival of forests.



15.Hon Dorcas sikowo said that Mt .Elgon Park with its rich diversity of wildlife and situated in

Mt.Elgon forest was threatened if concerted efforts were not put in place to protect the forest.she

added that forest resources such as herbs,research activities were also threatened.

3.FINDINGS OF THE COMMITTEE

The committee paid visits to saboti forest on 2nd april 2014,Kabolet forest on 5th April and

Central area forest on 9th April 2014

Saboti forest.

1.The committee noted that felling of trees was rampant at saboti forest and it was being done

by illegal loggers who don’t hail from the area.

2.The committee did not find staff at the forest apart from the guards and it was established that

the few staff who report at the station work as guards irrespective of their job positions.

3.The locals interviewd said they don’t benefit from the forest.They are only allowed to fetch

firewood from the forest.They said powerful foreigners are issued with permits to exploit

resources such as timber from the forest.

4.The committee established that forest was being micro managed from Nairobi.Directors of

Kenya Service in Nairobi decides who is to be awarded tender to exploit resources in the forest

and this explains why most of the traders who were exploiting resources at the forest were

foreigners.

5.The local people don’t know the procedures involved in acquiring permits to exploit resources

at the forest.

6.The local people had not been issued with land near the forest.

7.The committee could not establish the names of managers at the forest.

Kabolet forest



1.The committee observed that kabolet forest was a total contrast to saboti forest as locals were

keen to protect it.

2.The committee noted that staffs at the office were not dedicated to their work.The committee

found offices at the station locked yet it was on a Monday.The locals said the the officers rarely

reported to work.

3.The committee noted that the community around the forest were hunters and gatherers and

derived from the forest,herbs among other products.

4.The committee noted that charcoal burning was a threat to the forest and locals said foreigners

were behind the destructive activity.The forest guards are compromised by charcoal burners.

Central area forest

1.The committee noted that from outside the forest looks thick but once you go in you witness

the extend of destruction caused by illegal logging.

2.The committee noted that some employees had overstayed at the station,for example the

deputy forester.The staff at the station were idle and it appeared there was no meaningful work

they do .

4.RECOMMENDATIONS OF THE COMMITTEE

the committee makes the following recommendations to the county assembly;

-That the county government stops with immediate effect all commercial activities within forests

in the county until the county assembly is satisfied that the activityes going on meet the threshold

of the law and benefits the local population.

-That the county government carry out an audit on all commercial firms exploiting resources

within the forests to establish if they were awarded the permits fairly and transparently.In the

meantime issuance of new permits should be stopped until the audit exercise is complete.



-That the county government to conduct an audit of all the staff working within the forest in the

county and embark on a staff rationalization programme so as ensure the human resource is

effectively and maximum utilized.

-That the county government sets a side a portion of land bordering all forests within the county

and allocate the same to the local popupaltion as a away of motivating thenm to protect and

conserve the forests.

-That the county government awards tenders and contracts to exploit resources in forests within

the county fairly and transparently and local to be people offered priority.

-That the county government to regularly updates the county assembly through the relevant

committee on programmes,initiatives and measures undertaken to conserve and protect the

forests within the county.

Speaker: Honorable Members before me is the of Report by Agriculture, Environment and

Natural Resources Committee on illegal logging in Forest in Trans Nzoia County. I call upon

Hon. Nangekhe to point out any member from the committee to second the report.

Hon. Nangekhe: Mr. Speaker Sir, I call upon Hon. Kuru to second.

Hon. Kuru: Thank you Mr. Speaker, I do stand to second the report.

Speaker: Honorable members, I sincerely apologize for my Office not to facilitate this report on

time. This is a very good report but it has taken a long time, since when Hon. Matongolo was

still a life. Having apologized, I welcome the debate

Hon. Kutitila: Thank you Mr. Speaker Sir, I want to appreciate the report even though, they did

not visit Sikhendu Forest. I think the committee was tired but I beg it to go and find what is in

Sikhendu. Otherwise I thank the members. Mr. Speaker, I want to start by saying that at least

people like Wakhome were transferred who was telling people to sell the trees. Mr. Speaker, you

realize that people who are harvesting these trees do not come in Trans Nzoia, and if you ask

them, they say that they have received orders from above. We need to be serious. We need to put

a policy that will protect these trees.



Hon. Sakong: Thank you Mr. Speaker Sir, I also join Honorable members by congratulating

Hon likovere’s committee for the good report. Whatever was raised by honorable Matongolo

who initiated the program to support these trees is still on. I wish by recommendation of this

committee that the Executive to come up with the policy. Mr. Speaker, the schools around these

forests don’t benefit from these trees. The infrastructures around are poor and unattractive. I also

agree with Hon. Kutitila that the people who are harvesting these forests don’t come from Kitale.

Let the policy from Executive come to state that the forest to benefit people around.

Hon. Kitiyo: Thank you Mr. Speaker Sir, I have been to Sikhendu forest and I know that, that

forest has not been benefiting the locals, The locals should be allowed to plough in the forest as

they nurture the trees. Mr. Speaker, unfortunately, I happen to see one local harassed by the

manager of the forest, .there was a tractor which was ploughing and he was caught up. Mr.

Speaker I propose that 70% of the forest produce be given to the county and 30% be given to

outsiders.

Hon. Nangekhe: Mr. Speaker, I want to put some additional point. We want to have good

management of our forests. I was asking myself what Africa would be without forests. Mr.

Speaker, there is no management of forest in this town. Remember you took us to Rwanda and

the way I learnt from their forest management is very different from ours. One day I happen to

see a bluegam tree from forest a long Lions fall and killed a youth on a motorbike and up to now

the family of that youth has not been compensated. The deceased are still leaving pathetic life

just because there is no manager of this forest who should look into that. Even Mr. Speaker,

when you go to that forest, there are just some trees at the outskirts, but inside nothing is there.

The recommendations we made are good, but our fear is that, will they be implemented? Let us

push that the legislation be laid and 70%be benefiting people around.

Hon. Kuru: Thank you Mr. Speaker, I want to thank the committee that prepared this report.

Indeed, it has covered some forests. It has to give the locals what are needed from the forests.

The money we earned from forest should be paid to these locals. Forests department is one of

devolved Government. We need to enhance forest programmes on how to engage our local

people to benefit from these forests.



Hon. Omondi: Thank you Mr. Speaker Sir. I also congratulate the committee for this good

report and I want to say that all members of the committee be present when their report is

presented. I don’t know if the Executive knows what is happening along lions’ forest. The trees

are being harvested by other people. The trees in this county should benefit our primary children

who are sitting on the floor. If we strictly, follow the recommendation of this report, at least we

will be moving somewhere.

Hon. Masika: Thank you Mr. Speaker Sir. This is a very good report that the County Executive

Committee needs to work upon it. The people who have been harvesting our forests are not from

Kitale. They have been coming from Mombasa and Nakuru. I wish the report should be acted

upon. Forest is a corporate farm and they should allow our people to plough in side. When you

visit some schools around these forests, you will find that some children are sitting on the floor

and yet the timber is being harvested from their community. Mr. Speaker, you realize that when

they are carrying these timbers, they have been destroying our county roads. So I request that the

County Executive to come up with measures to enable these people to repair the county roads.

Speaker: Thank you honorable member, the report is adequately debated and now I put the

question.

Will as many as of the similar opinion that the report by Agriculture, Environment and Natural

Resources Committee on illegal logging in Forest in Trans Nzoia County be adopted and the

property of this House Say Ay?

Will as many as of the contrary opinion say Nay?

The Ays have it.

Honorable members, I was reading the constitution based on this motion and I have known that

the forest is a devolved Government. I don’t know why our Excellency The Governor struggles

with National Government. Why doesn’t he allow the clearance of this forest along lions so that

we can expand the town? But I don’t want to be seen directing him.




PAPERS

Report of Selection Committee on Selecting Adhoc Committee to Petition against the

Decision of Committee that verified road works by honorable Weswa

Hon. Weswa: Thank you Mr. Speaker allow me to table the report on selection

REPORT OF SELECTION COMMITTEE ON SELECTING ADHOC COMMITTEE TO

PETITION AGAINST THE DECISION OF COMMITTEE THAT VERIFIED ROAD

WORKS

INTRODUCTIONS

Mr. Speaker Sir,

Following the petition that was brought it this House on 15th March 2016, on petition against the

decision of committee that verified road work and tasked to selection committee to select five

members to form ADHOC Committee to look into the matters

MANDATE

Mr. Speaker sir,

According to the standing order No. 153 (1) states that there shall be a select committee, to be

designed selection committee, consisting the leader of the majority party who shall be the

chairperson, the leader of minority party not less than eleven one and not more than nineteen

members, who shall be nominated by the county assembly parties and approved by the county

Assembly.

COMMITTEE MEMBERS

Mr. Speaker Sir,

The following are the members of the committees as constituted by this Honorable House and

who were present during the meetings were



1. Hon. Alfred Weswa Chairperson

2. Hon. Hilary Kemei V/ Chair

3. Hon. Betty Kipsongok Member

4. Hon. David Sifuna Member

5. Hon. Mukuha Munene Member

6. Hon. Philip Sakong Member

7. Hon. Simon Makhanu Member

8. Hon. Everline Nelima Member

And were aided by the following secretariat staffs

1. Colleta Kisaka Deputy Clerk

2. Abraham Walubengo Senior Clerk

3. Lucy Kibonei Legal

4. Joshua Kasembeli Hansard

5. Collins Otieno Committee Clerk

Mr. Speaker Sir,

A County Assembly subject to Standing Orders made under paragraph (a) may establish

committees in such manner and for such general or special purpose as it consider fit and regulate

the procedure of any committee so established.

Under the County Assembly Standing Orders 191 (5) (a) states that there shall be a select

committee to be designated secetorial commitees.

From your ruling that my committee to select 5 members, my committee sat on 11th April 2016

at Iroko Hotel to work on the exercise.

Mr., Speaker Sir,

My committee my was guided by the criteria for nomination under the Standing Order 155

which states that:-



(1) In nominating members to serve on a select committee, the selection committee shall

ensure that membership of each committee reflects the relative majorities of the seats

held by each county of the Assembly parties in the County Assembly.

(2) Despite paragraph (1), a member belonging to a party other than a County Assembly

party or independent Member may be nominated to serve in select committee and the

allocation of membership of select committee shall be as nearly as practicable

proportional to the number of member of members belonging to such parties and

independent members

(3) Except as the County Assembly may otherwise resolve, on the recommendation of

the committee of the committee on selection for reasons to be stated, no member

shall be appointed to serve in more than three sectorial committees.

Mr., Speaker Sir,

The provisions General of County Assembly Standing Order 154 (2) states that the committee on

selection shall give consideration to the need for Gender balance and shall, so far as may be

practicable, ensure that no more than two –thirds of a committee of the county Assembly,

including a committee established through a resolution of the County Assembly, shall be of the

same gender

Mr. Speaker Sir,

Having guided with the above County Assembly Standing Orders, the committee reached to a

conclusion of selecting the following members:-

1. Hon. Everlyne Nelima Ford Kenya Party

2. Hon. Gilbert Kitiyo URP Party

3. Hon. Naomi Okul T.N.A Party

4. Hon. Victor Osiako N.F.K Party

5. Hon. Laban Wanyonyi Disabled

The Adhoc Committee elected Hone. Gilbert Kitiyo to be the Chairperson and Hon. Everline

Nelima to be their Vice Chair



CONCLUSION

Mr. Speaker Sir,

The committee has confidence and spirit in these selected members that they will exercise their

potential powers to the work of the petition against the decision of committee that verified road

works hence be highly appreciated.

COMPILED

Mr. Speaker Sir,

This report has been compiled by the committee members who are:-

1. Hon. Hilary Kemei V/ Chair --------------------

2. Hon. Betty Kipsongok Member -------------------

3. Hon. David Sifuna Member ------------------

4. Hon. Mukuha Munene Member -----------------

5. Hon. Philip Sakong Member ------------------

6. Hon. Simon Makhanu Member ------------------

7. Hon. Everline Nelima Member ------------------

Under the Chair

Hon. Alfred Weswa …………………………………………..

I want to request Hon. Sakong to second.

Hon. Sakong: Mr. Speaker Sir, I stand to second.

Speaker: Honorable members with me is the report of selection committee ably tabled by Hon.

Weswa. I give any member a chance who would wish to debate.

Hon. Kisaka: Thank you Mr. Speaker, I stand to support the report. I was there as a co- opted

member. I proposed Hon. Osiako for the New Ford Kenya member. It is a true report.



Hon. Kutitila: Thank you Mr. Speaker, I want to support the report. I know I was sidelined

because I was a PAIC member and from your ruling, you said that no PAIC member should be

involved

Hon. Farid: Thank you Mr. Speaker. It is the policy that they should have informed the party

leader. I am the boss of TNA and the name that is there from TNA, a m not aware.

Hon. Kaboloman: (Point of information) I want to inform the House that Hon. Farid is no

longer the boss of TNA. He was disqualified that day, there is no way a marginalized community

be the boss of TNA

Hon. Kutitila: Mr. Speaker, it is not true that the committee should look at him. If he was not

there as the TNA boss, he should be quite. Mr. Speaker, he wants to say that he is so special

than Hon. Okul

Hon. Osiako: The Hon who is saying that is the boss of TNA has just asked me that when was

meeting held.

Hon. Sakong: Thank you Mr. Speaker, the report has started by the guidings from the Standing

Order. Which standing Order states that the party boss should be around? Mr. Speaker, there are

members in this House who just miss meetings and one of them is Hon Fared. Today we have

confirmed that Hon. Farid don’t attend committee meeting. We have been in Iroko working up to

8:00 pm and Hon Farid was nowhere to be seen. And he comes here to purport that is the boss of

TNA.

Hon. Omondi: Mr. Speaker, I want to congratulate the Chair of the committee, we are all

Honorable members and we don’t need to go for the boss. If you were not there, you should be

silent. You have nothing to tell us.

Hon. Nangekhe: Thank you Mr. Speaker, I congratulate the committee for at least 30%of

gender is observed. If I look at the committee, our bosses are not here. Hon. Angeline is our Boss

and she is not here. Hon. Toroitich too.



Speaker: Hon. Farid, say something else but not boss.

Hon. Farid: Mr. Speaker, I support the report but it’s very dangerous for a junior member like

Hon. Kaboloman to purport me as his boss.

( Shouting)

Speaker: Hon Farid is the only member who has thrown out of this House; it would be very

dangerous for you honorable to be out for one year, if you continue behaving like this. I have

ruled you out of Order, now sit down. Let me now put now the question.

Will as many as of the similar opinion that names the committee of Selection has presented be

names of Adhoc committee which verify the petitions of roads works against PAIC Say Ay?


The Ays have it?

Today our Clerk told me that I have been giving short period to the committees which makes

him difficult to facilitate and agree with him, the committee to be given 30 days so that we allow

the Office of the Clerk to facilitate unless the agent report like of the Hon. Kisaka. For that, I ask

the committee to give the report in this House for 30 days, I also direct that all complains that are

from PAIC be included in this committee.


MOTION

On Reviving of and Conserving Water Catchment Areas by Hon Birgen

Hon. Birgen: Mr. Speaker sir I beg to move of the following MOTION as it is.

AWARE: that most water dams in our county have shrinked, destroyed or even grabbed by

individuals



FURTHER AWARE: of the shortage of water during the dry season, especially in drought-

prone areas of the county

MR speaker sir , it is important that this important natural resources is preserved not only for

our water sufficiency Endeavour s , but also in the interest of generations to come.

I therefore, MOVE that by the RESOLUTION of this Assembly the county Department for

Agriculture, Environment and Natural Resources presents this house with a policy aimed at the

preservation of these Dams and other water areas.

Thank you Mr. Speaker Sir.

Mr. Speaker, I would like to request you to allow me to express in a language that am fluent.

Speaker: permission granted.

Hon. Birgen: Asante bwana Spika, Kwa kweli bwana spika katika wilaya hi ya Trans Nzoia

wazungu walitenga pomba za maji, nahizo pompa hutusaidia sana kwa kunyunyizia mboga na

hata mimea zingine na hata hutumia kuosha magari zetu. Sasa naona hayo mazingara sasa

yamechukuliwa kwa hivyo naomba hii bunge inisaidie sana ili tuweze kusingira na kuhifadhi

haya mazingara. Asante.

Hon. Were: Asante sana bwana spika kwa kunipa fursa hii pia nami nasimama kuchangia hoja

hii, nashukuru mheshimiwa kuja na hoja inayo tusaidia kuhifadhi mazingira, naomba

waheshimiwa wenzangu kuchangia hoja hii.

Hon. Okul: Thank you Mr. Speaker Sir, I want to congratulate Hon. Birgen for this motion

noting that water is life and without water we can’t survive. In my place, we built a dam and

named it Ezekiel Okul and that dam had been serving us with water for a long time. When there

is no water even in town, everybody goes there. Unfortunately, I was told that that dam was

grabbed. I went there with Hon. Lokwaliwa and we removed the fence and announced to the

village that the dam was given to help the people around. We were told that somebody who is

Engineer was given orders from county to fence. I therefore support the motion that the county to

set the policy to protect this water.



Hon. Torotich: Asante sana bwana Spika. Kwanza namshukuru sana mheshimiwa kwa kuja na

hoja hii mwafaka. Jinsi ametiwa kilimo mbele. Katika wadi yangu kuna mabwawa manne,

Limuli Namawanga, Hosipitali, na la Naisambu. Haya mabwawa yalijengwa enzi za wazungu na

hatujawahi yazingira. Hivi majuzi bwawa moja lilichukua uhai wakijana mmoja. Tumekuwa

tukisema kwamba mabwawa haya yawezwe kuhifadhiwa lakini kila mara tumekuwa tukiambiwa

hakuna pesa. Naomba tutumie mabwawa haya kwa kujinuivaisha. Mzungu hivi sasa akija

atashangaa jinsi haya mabwawa yalivyo achwa.

Hon. Talam: Thank you Mr. Speaker Sir, I stand to contribute for this motion. If we can

preserve this dam in our county, we should be creating jobs to our young men. They would start

fishing projects and also our women who always go to Kisumu and Lodwar to get fish, will now

getting it here, thank you, I support the motion.

Hon. Nangekhe: Thank you Mr. Speaker. I m so happy that as we continue in this House, our

members are improving in languages, I thank Hon. Talam and Birgen. Really they have

improved. The prayer of the motion is that we want a policy. We have very few policies Mr.

Speaker, the ministry needs to give us many policies. Mr. Speaker Sir, I have written a motion

which is still in the kitchen, which states that some motion be written in Kiswahili. We will be

the first County to come up with this. Thank you Mr. Speaker, and if you have a soda, you can

give the two Hon. Hon. Talam and Hon. Birgen.

Speaker: Honorable members, I think we have deliberated enough, I now put a question

Will as many as of the similar opinion that by the RESOLUTION of this Assembly the county

Department for Agriculture, Environment and Natural Resources presents this house with a

policy aimed at the preservation of these Dams and other water areas say Ay?

Will as many of the contrary opinion say Nay?

The Ays have it.



Just in addition to what Hon Nangekhe has said, I fill touched that the assembly is moving, the

Hon. Toroitich is marvelous in Kiswahili and today I have been encouraged by Hon. Talam and

Hon. Birgen. I am requesting the Clerk that I have a dinner with them.

Speaker: Next item on the Order Paper.

Mr. Speaker Sir, no item on the Order Paper.

Speaker: Honorable members, we have exhausted today’ business, I remind the Speaker’s

panel that I have a short meeting with them, and for those members who have not signed those

forms of Court conduct, just come to my office and sign. The House stand adjourned

(Adjournment)



FIRST ASSEMBLY - PLENARY SESSION

13TH APRIL 2016

WEDNESDAY (MORNING SESSION)

(The Hon. Speaker in Chair)

(Prayers)


COMMUNICATION FROM THE CHAIR.

Speaker: Thank you Clerk. Honorable members, today as you can see, we have good work in

terms of Bills. We shall refer them to the committee so that we can move fast and make a profile

as legislation is concerned. I want to remind you that the privileges and immunity you enjoy are

only within the Assembly and the precincts of parliament. Anything outside there will be

regarded illegal. We are approaching electioneering time and we want to be safe and remain

honorable. You may not be happy but we have to follow the procedures so save our image which

is important.


Trans Nzoia Public Service Board Annual Report – Further Information by Hon. Alfred

Weswa

Hon. Weswa: Mr. Speaker, I beg to table the as follows;

(Tables.)

Speaker: Is this is a supplementary report? If you could clarify.

Hon. Weswa: This is a supplementary report as demanded by the Labour Committee.

Speaker: Just read it

Hon. Weswa: TRANS – NZOIA PUBLIC SERVICE BOARD

Refer to your letter reference NO. CATN/EP/02/2016 DATED 29th February 2016. Here below

in a table format is a staff analysis response to questions 1,3,4 and 5.

S/No SUBJECT NUMBER COMMENTS

Abolished and created offices 1 Office of the First Lady

Number of employees inherited from 299



local Authority

Staff seconded from the National

Government

23

Employed by the County Government

of Trans Nzoia (County Public Service

Board)

990 Inclusive of 757 ECDE

Caregivers

Sourced from outside Trans Nzoia. 35 Excluding ECDE

Sourced from within Trans Nzoia 212 Excluding ECDE

Secondment 22

Temporary staff 3

Contract 84

Employees with disability 13

Casual employees 670

Permanent Staff 124

Out of 233 employed by the County

Government:

Luhya – 149

Kalenjin – 53

Others - 31

Total number of staff as at 29th February, 2016 is 1569

NOTE: The data is as per the payroll data of January 2016

ECDE teachers/caregivers were placed on payroll with effect from 1st March 2016

There are staff whose personal numbers were never processed by DPM hence payment is by

voucher.

Number of staff as per Department

S/No Subject Permanent Staff Permanent Staff



1 Gender, Youth, Culture and Tourism 15 18

Transport and Infrastructure 61 8

Health Services and Public Health 777 533

Agriculture, Livestock and Fisheries 272 19

Government & Public Service

Management

156 57

Lands, Housing & Urban

Development

35 2

Water & Environment and Natural

Resources

61 -

Education 810 -

Economic Planning, Commerce &

Industry

26 -

Finance 114 75

1569 742

2. To ascertain the act and inform the committee on the progress of the creation of the board

managing cities and urban areas.

Pursuant to section 13 of the Urban Areas and Cities Act, 2011, members to Boards managing

cities and municipalities “…………..shall be appointed through competitive process by the

County Executive Committee with the approval of the County Assembly”

6. Systems developed by the County Public Service Board on pension and gratuity of members.

The County Governments, through the Council of Governors have established a County Pension

Fund which will be a pension scheme for County Public service employees.

Consequently, the Board in its 45Board meeting resolution approved and adopted the CPF

Pension scheme for County Pensionable employees. H.E the Governor of Trans Nzoia , the

County Secretary, Board Chairperson and Secretary have all dully executed the Trust deeds and

rules.



CS Claire S Wanyama (Mrs.)

Board Secretary

COUNTY PUBLIC SERVICE BOARD.

Speaker: Thank you Hon. Majority, I call upon the Labour Committee Chairman to clarify.

Hon. Kitiyo: This came as a question from Hon. Milimo. This is only the response and my

advice is that we go an extra mile to visit the stations and verify the numbers.

Speaker: You had an earlier report on this. How far did you go?

Hon. Kitiyo: In the Annual development report we were never given what we wanted. They

asked us to give them more time.

Speaker: I therefore refer the paper to the Labour Committee and the report to be brought to this

House in 30 days.


First Reading. Trans Nzoia County property Rates Bill, 2016.

Speaker: I refer the Bill to the Budget and appropriation committee which will involve public

participation.

Hon. Milimo: (Point of order) Mr. Speaker, I seek your indulgence. I believe the procedure

would have been for the Leader of Majority to table the Bill and for the clerk to read it. Who is

tabling the Bill?

Speaker: That is what was discussed in the House Business Committee this morning and we

agreed on the standing order No. 119 that I shall ask the Clerk to read the Bills. Here we don’t

require the leader of the majority. When you check on SO NO 119, the Committee Chairman

takes position. The Bill goes with the name of the Chairman. The majority leader has nothing.

The Clerk’s is only to read. Is that clear Hon. Milimo?

Hon. Milimo: Thank you Mr. Speaker, but with the practice of the National Assembly, it is not.

Take the

World Anti- Doping Agency WADA Bill in Parliament for example. The speaker called on the

Clerk to read the Bill and passed it over for the Leader of majority to table it.



Speaker: We are guided by the Standing Order and we will feel assisted if we go by this.

Hon. Milimo: The Standing Order No. 119 & 120. The Bill is read by the Clerk and then tabled

by the majority leader.

Hon. Sikowo: I beg Hon Milimo to read the concerned Standing Order instead of explaining and

trying to convince us.

Hon. Waswa: Thank you Mr. Speaker Sir. Hon Milimo wanted direction and not explanation

and you have given direction

Speaker: Hon. Milimo, when you raise such a serious issues you must get the Standing Order

concerned. Even with us here, we are here to learn. We may follow the long procedure but so

long as we are on the right Standing Orders. I instruct the Clerk to read the first reading. Go on.

TRANS NZOIA PROPERTY RATES BILL 2016.

Speaker: I refer the Trans Nzoia property Bill 2016 to the Budget and Appropriation Bill 2016

which will involve public participation and a report brought to this house within the prescribed

time.


TRANS – NZOIA COUNTY IMPLEMENTATION & MANAGEMENT BILL, 2016.

Speaker: I refer the Bill to implementation Committee which will involve Public participation

and a report brought to this House within the prescribed time.


TRANS NZOIA ANIMAL DISEASE CONTROL BILL, 2016.

Speaker: I refer the Bill of the Agricultural Committee which will involve Public participation

and a report brought to this house within prescribed time.


THE TRANS NZOIA COUNTY WAY LEAVE BILL, 2016

Speaker: I refer the Bill to the Budget and appropriation and a report brought to this House

within the prescribed time.




THE TRANS NZOIA (DECENTRALIZED UNITS) ADMINISTRATION BILL 2016.

Speaker: I refer the Bill to the Delegation and legislation Committee which will involve public

participation and a report brought to this house within the prescribed time.


THE TRANS NZOIA COUNTY TRADE LICENSE BILL, 2016.

Speaker: I refer the Bill to the Trade Committee which will involve public participation and a

report brought to this house within the prescribed time. Next

THE TRANS NZOIA COUNTY EMERGENCY FUND BILL, 2016.

Speaker: I refer the Bill to the Budget and Appropriation Committee which will involve Public

participation and a report brought to this house within the prescribed time.


THE TRANS NZOIA TRANSPORT BILL, 2016.

Speaker: I refer the Bill to the Transport Committee which will involve public participation and

a report brought to this house within the prescribed time.


Honorable speaker, there is no other item on the Order Paper.

Speaker: There being no other item on the Order Paper, I hereby adjourned the House to 2.30

pm.



FIRST ASSEMBLY - PLENARY SESSION

13TH APRIL 2016

WEDNESDAY (AFTERNOON SESSION)

(Hon. Masika in Chair)

(Prayers)


COMMUNICATION FROM THE CHAIR

Speaker: Honorable House, our speaker is not here, he is attended a funeral somewhere and he

may not join us today.

Next time On the Order paper?

Paper- Progess report on renovation of Kenyatta Stadium from CECs Gender by Hon.

Weswa.

Hon. Nelima: Thank you Mr. Speaker, I have been with Hon. Weswa outside right now, if he

may be whipped in to come and table.

Speaker: I direct the sergeant at arm to whip the majority leader,

(Hon. Weswa enters)

Just to remind you Hon. Weswa as leader of majority, you need to keep your time, be prudent

enough to be on time, welcome now to table the report.

Hon. Weswa: Mr. Speaker, am sorry for the delay I was around but I didn’t know if the plenary

has started. I want to table now the report. Mr. Speaker, I have the same document. Allow me to

go through it page per page before I table.



TO: GENDER SPORTS COMMITTEE –COUNTY ASSEMBLY.

FROM: CHIEF OFFICER GENDER.

RE :RENOVATION OF KENYATTA STADIUM.

Forwarded here, please find a report on renovation of Kenyatta stadium. This is in respect to the

letter received from the CEC Member Finance of ref: CGTN/FIN/42 dated 2nd February 2016

requesting us to state :

1. .Status of the stadium.

2. Work done so far.

3. Way forward for the rehabilitation programme.

Thank you.

FRED W.SIMIYU

CHIEF OFFICER –GENDER.

RENOVATION/CONSTRUCTION WORK DONE AT KENYATTA STADIUM DURING

FINANCIAL YEAR 2013-2014

The county government of Trans Nzoia has disbursed Kshs 12 million with an additional

supplementary Kshs 10 million totaling 22 million.

RENOVATION DONE.

MAIN BANDA

New iron sheets

Steel bars reinforcement

Painting of inside nad outside surfaces

Steel shuttle



TOILETS

Urinal with new flashing system

New steel doors to urinal toilets

Two old VIP toilets, two new VIP toilets.

Painting of toilet.

OFFICES

Renovation of office no 2

New ceiling boards done

Two new steel doors

Painting done

Power points installed.

DRESSING ROOMS

`Two renovated new ceiling board.

Asateel doors

Shower facilities/system done

Power points installed.

WALL PERIMETER

Renovated and painted

Steel reinforcement for security purposes.

CONSTRUCTED

Toilets VIPS

Three new VIP toilets with flashing system and steel doors.

Thank you Mr. Speaker I now table for your direction



(Tables)

Speaker: With me Honorable members is the report from department of Gender. I direct to the

committee of Gender Sports Youths & Cultural Service for further interrogations.


MOTION

On an authorized bump on the county roads by Hon. Elizabeth Birgen.

Hon. Birgen: Mr. Speaker Sir,

I beg to give move the following motion as follows.

AWARE that unauthorized bumps are now a common phenomenon on our county roads.

FURTHER AWARE of the dangers these unauthorized bumps pose to road users especially

cyclists and motorists. Mr. Speaker Sir these bumps are haphazardly erected, without any

warning signs. As a resulting in accidents causing injuries to innocent road users, damage motor

vehicles and even interfered with the architects of the roads and drainage systems. No doubt Mr.

Speaker this urgent need to check this behavior so that the public is not inconvenienced any

further.

I therefore, move that by the resolution of this Assembly. The county Department of Roads and

Public works formulates and presents this house with a policy of guidelines on construction of

bumps along county roads.

Thank you Mr. Speaker Sir

Mr. Speaker, these bumps have caused many accidents instead of reducing. For instance, when

you are going to town early, you will notice that there is no bump, but on your returning, you

find a big bump ahead and to accelerate the speed you are driving is very difficult. Also, these

bumps have caused a lot of delays. You cannot reach your destination in specific time. Thank

you Mr. Speaker Sir, I urge the members to contribute.



Speaker: Thank you Hon. Birgen, I think member have understood the motion. I now open the

debate.

Hon. Kisaka: Thank you Mr. Speaker, I want to concur with the mover. It is true some of this

bumps are used by stamps and at night it is very dangerous to notice them. As she has put it, you

can come at night and find a bump ahead which you did not expect to be there, because when

you passed there in the morning, it was not there. So you find yourself recklessly damaging your

vehicle. Mr. Speaker, these bumps are against the law, they are illegal, and they are not

authorized bumps. They should be done by engineers. Engineers have a way of making the

bumps. Look at the Chinese bumps, they are friendly, and then compare with this unauthorized

bumps. I therefore support the motion.

Hon. Milimo: Thank you Mr. Speaker; I start by thanking the mover. These illegal bumps over

our roads are doing more harm. Am the one who has been harassed by this bumps and Mr.

Speaker, the people who are deliberately erecting this bumps know their target. They erect the

bumps where they are so sure that the MCA will speed down and get something from him. This

is the means that people are using to collect money from roads with these unauthorized bumps.

Mr. Speaker, bumps are made to maintain the roads but these unauthorized bumps are making

our roads worse. The erected bumps should be authorized by engineers. I support the motion.

Hon. Osiako: Thank you Mr. Speaker Sir I stand to oppose this motion. I remember one time, I

was forced to give first Aid to a kid that was hit by motorbike just because the place did not have

any bumps to reduce the speed of motor bikes. Mr. Speaker, I want to say that these bumps

reduce accidents. You know very well that we have many centers and some of these centers

have posho mills and the sound that this posho mills produce is so loud that cannot make

passengers to hear the sound of motorbikes and vehicles.

Hon. Milimo: (point of Order). Mr. Speaker, will the member on the floor say whether he is for

or against the motion?

Hon. Osiako: Thank you Mr. Speaker. I say very clearly that am opposing the motion. These

bumps must be erected because in another way they are reducing the accidents.



Speaker: Hon Birgen is talking of authorized bumps only to be erected on roads and

unauthorized bumps to be removed and Hon. Osiako is against the motion. So let him defend his

point.

Hon. Osiako: Mr. Speaker, in this county, we need to construct a lot of bumps. Look here in

town, you can see that many bodabodas don’t know the instructions, what about the country

side?

Hon. Masibo: Thank you Mr. Speaker Sir, I stand to support the motion. You can realize that in

Kitale town, we have so many motorbikes and bicycles. If these bumps are erected in a manner

that can reduce the accidents, it will be good. It helps to reduce the speed. I think Mr. Speaker

am confused, I wanted to oppose not to propose, sorry.

Hon. Nelima: Thank you Mr. Speaker. I stand to support the motion. First of all, these bumps

are not permanent. Most of them are made of soil and with time, especially in rain season, they

get washed away and spoil the roads making it muddy. Second, these bumps are not made by

engineers; they are made by local people who don’t know anything about roads causing our

vehicles damaged. They have also caused many accidents because you don’t know if there is

bumps ahead. Mr. Speaker bumps that are erected by the engineers, they indicate that there are

bumps ahead but these bumps don’t show anything. I also want to tell members that where

accidents happen, the engineers identify such areas as black spots and they alert the drivers. But

these local bumps? You just wake up early and find a bump there.

Hon. Sakong: Thank you Mr. Speaker. I want to stand on a Point of Order and ask the Hon

Nelima to read to us the Standing Order which states that where there is an accidents, the

engineers should go there and erect a bump before I contribute. Because I don’t want to be

confused like Hon. Terry.

Hon. Terry: (Point of Order) Mr. Speaker, I don’t think it is prudent for Hon. Sakong to stand

and start mentioning my name when I have apologized. Mr. Speaker, he should apologize.

Hon. Sakong: I apologize Mr. Speaker and I also want to say that to stand up and mention her

name, I was also confused. Mr. Speaker as I said earlier, I don’t want to be confused. I think in a



way back, in Matumbei where the residents have not seen a tarmac road. Where many

motorbikes are losing control and injuring our children, I don’t think there will be need to

remove these bumps, you cannot compare my ward with that of Matisi which are here in town.

Our roads in Matumbei needs these unauthorized bumps.

Hon. Kisaka: (Point of information) Mr. Speaker, I want to inform the Hon for Matumbei and

with your pure indulgence that the motion states that we need authorized bumps.

Hon. Sakong: Mr. Speaker, getting an engineer in Matumbei is difficult. Allow our people of

Matumbei to use unauthorized bumps.

Hon. Nelima: (Point of Order) Mr. Speaker if the Hon for Matumbei wants any amendments, he

should have done before appearing in the House under Standing Order No 50.

Hon. Sakong: Mr Speaker am not moving any amendments. I said that I wish Matumbei should

use unauthorized bumps.

Hon. Osiako: (Point of information) Mr. Speaker, where will we get these engineers? Who said

we have authorized engineers for these roads? I know, we have only bumps for tarmac roads. .

Hon. Milimo: (Point of information) Thank you Mr. Speaker, ignorance is not a defense. The

Hon is confirming to us that he is ignorant. Bumps are made by engineers whether county roads

or tarmac roads.

Hon. Sakong: Mr. Speaker, Hon. Osiako is misinforming me. I am not ignorant like him. I better

follow Hon Milimo’s information .

Speaker: Honorable Osiako, we have County engineers, they are there at the public works

office. You can visit there if you have an issue.

Hon. Omondi: Thank you Mr. Speaker, I want to congratulate Hon Birgen by coming up with

this serious motion. I want to inform members that each of us before you come to a bump, they

should show you that there is a bump ahead. But I have been seeing many bumps put on the

roads without any sign. I therefore say that unauthorized bumps are not bumps, therefore I agree



with the mover of this motion as she states the prayer. If you are opposing this motion you better

read the prayer. she saying that by the resolution of this Assembly, The county Department of

Roads and Public works formulates and presents this house without a policy of guidelines on

construction of bumps along county roads is saying the bumps that the bumps should be guided

by the resolution of these house.

Hon. Kitiyo: Thank you Mr. Speaker, I think this issue of bumps is a technical issues and it

needs an expert .No one of us here is an engineer. We can pass this and somebody goes to court.

Hon. Terry: (Point of information) Mr. Speaker, I don’t think that we need an engineer, the

motion is clear. Look at the prayer. When you go to the prayer we don’t need the expert.

Hon. Yator: Thank you Mr. Speaker but I want to inform your Chair that Lomeri is not my

name. Am Hon Samuel Yator. I stand to support the prayer of the motion. In that respect, maybe

the only members who are opposing the motion don’t know the law. The law states clearly that it

is illegal for anything that is not recognized. What does unauthorized mean? Unauthorized in

other word is illegal.

Hon. Too: Thank you Mr. Speaker Sir, I herby stand to support the motion .Am of this idea and

am one of the victims .Mr. Speaker, you will find that in some cases, they have constructed a lot

of bumps making moving not efficient. If you rush somebody to a hospital, it will be difficult.

Mr. Speaker, I one day passed a place with no bump but returning I got the bump and without

knowing I damaged my vehicle.

Hon. Osiako: Mr. Speaker am also getting more convinced that these unauthorized bumps

should be removed but let them convince me more.

Hon. Sakong: Mr. Speaker I want to support the motion with a reason that if somebody erects

bump just because he will see MCA passing and gets something from him, then let it be stopped.

Speaker: Honorable members I think we have adequately discuss. Let me know put the question



Honorable Members, will as many as of the similar opinion that by the resolution of this

Assembly, The county Department of Roads and Public works formulates and presents this

house without a policy of guidelines on construction of bumps along county roads say Ay?

Will as many of the contrary opinion say Nay?


There is no other item on the Order Paper?

Speaker: Honorable members, having no other item to discuss the House adjourns until

tomorrow afternoon.

(Adjournment)



FIRST ASSEMBLY-FOURTH SESSION

APRIL 14TH 2016

THURSDAY(AFTERNOON SESSION)

(HON.SPEAKER IN THE CHAIR)

(PRAYER)

Speaker: Hon. Njoroge, do we have the quorum?

Hon.Njoroge:Mr.Speaker, we do not have the quorum. We have got 5 members. We are lacking

8 members.

Speaker:Then I request the bell to ring for 10minutes

(Bell rings)

Speaker: Hon. Njoroge confirm now if we have the quorum?

Hon. Noroge: I now confirm that we have the quorum in the house Mr. Speaker.



Speaker: Thank you Hon. House, today is Thursday and we have several items on the Oder

Paper. This weekend shall be busy one. We have several events. We will have prayer rally in

Nakuru for Uhuru and his Deputy, thereafter we have devolution conference in Meru. We will

also have a meeting in Kisumu for Early Child Education meeting .The Office of the Clerk is

prepared to handle these things in few days. What am urging you is that try to take care of

yourselves so that we meet each other after one week and we continue with the job which you

are employed by people to do. I emphasize be careful be it at Afuraha or Meru. Thank you.

Next item on the Oder Paper?



Report by Budget and Appropriation Committee on County Fiscal Strategy paper by Hon.

David Kisaka.

Hon. Kisaka: Thank you Mr. Speaker, I stand here to give the report on Budget and

Appropriation Committee.

REPORT OF THE COUNTY BUDGET AND APPROPRIATION COMMITTEE ON

COUNTY FISCAL STRATEGY PAPER 2016 (CFSP)

1. INTRODUCTION:-

Mr. Speaker Sir,

This is the report of the County Budget and Appropriation Committee on County Fiscal Strategy

Paper 2016 (CFSP) following its sittings at the County Assembly Board room and at Iroko

Crystal Gardens Hotel in Kitale between 11th to 14th March, 2016, 7th April 2016 and Levoyage

Hotel on 13th and 14th April 2016.

Mr. Speaker Sir,

The following are the members of the Committee as constituted by this honorable house and who

were present during deliberations:-

1. HON. DAVID KISAKA CHAIRPERSON

2. HON.SIMON MAKHANU - VICE CHAIRPERSON

3. HON. DAVID KABOLOMAN-MEMBER

4. HON. ALFRED WESWA-MEMBER

5. HON. HILLARY KEMEI-MEMBER

6. HON. BETTY KIPSONGOK-MEMBER

7. HON. EDWARD KITUR-MEMBER

8. HON. FRANCIS WERE-MEMBER

9. HON. GILBERT KITIYO-MEMBER



10. HON. JOEL MILIMO - MEMBER

11. HON. JOHN LIKOVELE-MEMBER

12. HON. MUNENE MUKUHA-MEMBER

13. HON. ANDREW KUTITILA-MEMBER

14. HON. ANGELINE TOO - MEMBER

15. HON. MARGARET WANJALA-MEMBER

16. HON. SAMUEL YATOR-MEMBER

17. HON. PHILIP SAKONG-MEMBER

Mr. Speaker Sir,

The following are the secretariat staff that was present;

1. COLLETA KISIKA-D/CLERK

2. MOSES WANYONYI-FINANCE OFFICER

3. ABRAHAM WALUBENGO – S.C.A.

4. JULIET BII-COMMITTEE CLERK

5. LUCY KIBONEI-LEGAL COUNSEL

6. JOSHUA KASEMBELI- HANSARD

IN ATTENTANCE

Mr. Speaker Sir,

The following are in attendance who were invited and interrogated during the seating’s;

A. OSIRI NYAKUNDI – DIRECTOR PLANNING

B. HON. GAUDENCIA N. MALIMBE - CEC- PSM

C. M/S LUCY KIHAMBA – CO PSM

D. HON. DR. ISAAC KOGO - CEC EDUCATION AND HEALTH

E. MR. JOHN MENG’WA - C.O EDUCATION



F. DR. WAKWABUBI N.M - C.O HEALTH

G. HON. ELIZABETH NYONGESA - CEC LANDS

H. M/S LINEKAR N BWILE - CO LANDS

I. M/S ZIPPORAH MATARI - DIRECTOR HEALTH

J. HON. KENNEDY M SIMIYU - CEC FINANCE

K. MR. PATRICK ATARO - CHIEF ACCOUNTANT HEALTH

L. MR. ABDI KIBET - DEPUTY REVENUE OFFICER

M. MR. MOSES OTIENO - SENIOR ECONOMIST

N. M/S VERONICA OKOTH – CEC EPCI

2. THE MANDATE OF THE COMMITTEE

Mr. Speaker Sir,

The County Budget and Appropriation Committee is a Creature of Standing Order 187. The

Committee is mandated to:-

a) investigate, inquire into and report on all matters related to coordination, control and

monitoring of the County budget;

b) Discuss and review the estimates and make recommendations to the County Assembly;

c) Examine the County Budget policy Statement presented to the County Assembly;

d) Examine Bills related to national(sic)County budget, including Appropriation Bills;

and

e) Evaluate tax estimates, economic and budgetary policies and programmes with direct

budget outlays.

3. AGENDA

Mr. Speaker Sir,



Pursuant to the above mandate the Committee’s agenda was to examine the Trans Nzoia

County Fiscal Strategy Paper 2016 (CFSP) and propose amendments if any thereof for

subsequent consideration, debate and adoption by this honorable house.

Mr. Speaker Sir,

County Fiscal Strategy Paper is contained in Article 117 of the PFM Act 2012 which states

among others that;

The County Treasury shall prepare and submit to the County Executive Committee

the County Fiscal Strategy Paper for approval and the County Treasury shall submit

the approved Fiscal Strategy Paper to the County Assembly by 28th February of each

year.

Not later than 14 days after submitting the County Fiscal Strategy Paper, the

County Assembly shall consider and may adopt it with or without amendments.

Mr. Speaker Sir,

The preparation of County Fiscal Strategy Paper is the fourth stage in budget making process.

The CFSP precedes the preparation of three important documents i.e.

1. The County Annual Development Plan (CADP)

2. The County Budget Review and Outlook Paper (CBROP)

3. And MTEF Department Reports 2016/17-2018/19

4. FINDINGS

Mr. Speaker Sir,

The table below shows a summary of Approved and Actual Collection of Local Revenue

received for FY 2014/15;



Table 1

Revenue Source Approved Budget

(Kshs)

Actual Collection

(Kshs)

Variance

Local Revenue 385,000,000 301,267,104 83,732,895

Balance as from

2013/14

429,486,762 429,486,762 0

C.R.A Allocation 4,458,007,804 4,068,950,000 389,457,804

Total 5,272,494,566 4,799,703,866 473,190,699

Mr. Speaker Sir,

The above underperformance in revenue collection was largely attributed to the following

factors;

i. Non-payment of rates by Kenya Railways, A.D.C, CILLOR K.I.E etc

ii. The old Valuation Roll being used which covers only CBD

iii. Poor leakages between county enforcement revenue unit

iv. Manual collection system

v. Revenue leakages

vi. Closure of the main market and bus park in Kitale.

Mr. Speaker Sir,

The committee analyzed the above table and the reasons given for the underperformance in

revenue collection and found out that they were not convincing; for instance;

1. They should explain the total number of enforcement officers they have and their

competence levels.

2. They should explain when they are going to install the automated system of

revenue collection.



3. For closure of the main market and bus park in Kitale, they should state how

much they used to collect before and after the closure of the main market.

Mr. Speaker Sir,

The following table shows the revenue report for the FY 2014/15

Table 2

SECTOR/ REVENUE SOURCE BUDGET

APPROVED

(KSH)

ACTUAL

COLLECTION

(KSH)

VARIANCE

AGRICULTURE ,LIVESTOCK & FISHERIES

Application fees 1,723,881 2,449,015 725,134

Cattle auction and slaughter fees 1,149,254 1,394,696 245,422

ECONOMIC PLANNING ,COMMERCE &INDUSTRY

Open Air Market 22,985,075 20,803,040 (2,182,035)

Market stalls, bandas and enclosed

markets

17,238,806 746,460 (16,492,346)

ENVIRONMENT ,WATER AND NATURAL RESOURCES

Refuse collection and conservancy 2,298,507 1,845,210 (453,297)

WORKS .TRANSPORT AND INFRASTRUCTURE

Advertisement,TradeNames

,billboards and signboards

2,873,134 8,906,168 6,033,034

Building plans ,clearances and 2,873,135 3,487,130 613,994



completion certificates

HEALTH

Income from health services 41,373,134 98,072,585 56,699,451

PHYSICAL PLANNING ,LAND & HOUSING

Change of user ,plots sub-division

and transfers

2,298,507 5,292,250 2,993,743

GENDER, YOUTH ,SPORT,CULTURE & TOURISM

Hire of facilities (social hall &

stadium)

1,149,254 70,300 (1,078,954)

GOVERNANCE AND PUBLIC SERVICE MANAGEMENT

debt recovery (rates & rents) 143,656,716 17,651,526 (126,005,190)

FINANCE

Cess(maize ,tea ,sand ,ballast etc) 25,858,209 33,939,562 8,081,353

Land rate & clearances (current

year)

45,970,149 16,821,107 (29,149,042)

Land rates penalties 5,746,269 7,706,542 1,960,273

Single business permits 25,858,209 49,578,810 23,720,601

Single business permit penalties 6,895,522 5,924,370 (971,152)

Vehicle parking fees 35,052,239 25,599,766 9,452473

Liquor license - 978,588 978,588



Sub-Total Of Local Revenue 385,000,000 301,267,104 (83,732,895)

Mr. Speaker Sir,

In the above table the projected revenue collection from market stalls, bandas and enclosed

market was ksh.17, 238,806 however the actual collection was ksh. 746,460 giving a variance of

ksh (16,492,346) Mr. Speaker Sir, the department missed the target by a very big margin, they

should be guided by the preceding years to project targets for the subsequent financial

years.when you see their projected revenue collection for F/Y 2016/17 it reduces to

ksh.11,503,821, we expect that after completion of the main market stalls the revenue collection

should increase

Mr. Speaker Sir,

In health sector the projected revenue collection was ksh.41,373,134 of which the actual

collection was ksh.98,072,585 giving a variance of ksh.56,699,451 this was a very low target and

unrealistic

Mr. Speaker Sir,

Under Governance and Public Service Management, they attribute the underperformance in

revenue collection to Non-payment of rates by Kenya Railways, A.D.C, CILLOR K.I.E

amounting to ksh.1, 029,902,428 however in their target for debt recovery (rates and rents) their

target is only ksh.143, 656,716 this is unrealistic target

Mr. Speaker Sir,

The debt recovery unit should be formed /strengthened to set and achieve the realistic goals

TABLE 3: REVENUE REPORT BY SECTOR AS AT 29TH FEBRAURY 2016

SECTOR/ REVENUE

SOURCE

BUDGET

APPROVED

ACTUAL

COLLECTION

%

PERFORMERANCE



(KSH) (KSH)

AGRICULTURE, LIVESTOCK & FISHERIES

Application fees 2,238,806 1,804,315 80.6

Cattle auction and slaughter

fees

1,492,538 830,610 55.6

Agricultural mechanization

services

- 1,330,819 -

ECONOMIC PLANNING ,COMMERCE &INDUSTRY

Open Air Market 29,850,746 14,740,310 49.4

Market Stalls, Bandas and

Enclosed Markets

22,388,060 4,357,800 19.5

ENVIRONMENT ,WATER AND NATURAL RESOURCES

Refuse collection and

conservancy

2,985,074 4,449,155 149

WORKS .TRANSPORT AND INFRASTRUCTURE

Advertisement, Trade Names,

billboards and signboards

3,731,343 5,718,683 153.3

Building plans, clearances and

completion certificates

3,731,344 3,832,475 102.7

HEALTH

Income from health services 119,000,000 64,035,768 53.8



PHYSICAL PLANNING ,LAND & HOUSING

Change of user, plots sub-

division and transfers

2,985,074 1,455,970 48.8

GENDER, YOUTH ,SPORT,CULTURE & TOURISM

Hire of facilities (social hall &

staduim)

1,492,538 76,600 5.1

Amusement fees - 98,100 -

FINANCE

Cess(maize ,tea ,sand ,ballast

etc)

33,582,090 14,126,233 42.1

Land rate & clearances (current

year)

59,701,492 15,601,901 26.1

Land rates penalties 7,462,687 1,032,370 13.8

Single business permits 34,607,110 24,993,755 72.2

Single business permit penalties 8,955,223 580,325 6.5

Vehicle parking fees 54,822,388 23,396,924 42.7

Liquor license - 6,881,520 -

TOTAL 389,026,513 189,406,633 48.7S

Mr. Speaker Sir,



Under the department of Agriculture livestock and fisheries the Application fees is lower than

what was collected in the previous financial year 2014/15

Under the department of Works, Transport & Infrastructure the Advertisement, trade names,

Billboards and Signboards-The FY 2014/15, they surpassed their target in the FY 2015/16 the

figures are lower than what was in the F/Y 2014/15.

5. TRANS NZOIA COUNTY FISCAL STRATEGY PAPER 2016 (CFSP)

Mr. Speaker Sir,

The County Budget and Appropriation Committee deliberated and made the following findings

on Medium-Term Expenditure on the proposed County Fiscal Strategy Paper 2016(CFSP).

a) MEDIUM-TERM EXPENDITURE

Mr. Speaker Sir,

The total projected revenue for the County in the FY2016/17 is Ksh. 6,374,905,698 out of which

Ksh. 5,601,924,220 is the equitable share (2016 BPS), and 500,000,000 is local revenue

projections while the remainder Ksh. 272,981,478 is a conditional grand from the National

Government.

b) PROPOSED RECURRENT EXPENDITURE BY DEPARTMENT 2016-2019

Mr. Speaker Sir,

The following is a table of the Proposed Recurrent Expenditure by Department 2016-2019

Table 4

Department Revised

Estimates

Proposed

Ceilings

2016/17

Projected

Expenditure

2017/18 (Ksh)

Projected

Expenditure

2018/19 (Ksh)

Agriculture, Livestock

and Fisheries

256,022,537 271,494,559 298,644,015 328,508,416

Economic planning, 30,468,797 68,823,748 75,706,123 83,276,735



Commerce and

Industry

Water, Environment

and Natural Resources

46,231,161 87,231,168 95,954,285 105,549,713

Public Works, transport

and infrastructure

199,456,881 133,980,638 147,378,702 162,116,572

Health services 1,221,381,659 1,028,910,411 1,131,801,452 1,244,981,597

Lands, Housing and

Physical Planning

28,582,825 66,750,173 73,425,190 80,767,709

Gender, Youths, Sports,

Culture

52,765,476 102,637,760 112,901,536 124,191,690

Education, ICT 171,866,165 121,521,528 133,673,681 147,041,049

Governance, PSM,

CPSB

324, 672,861 391,368,916 430,505,808 473,556,388

Finance 417,130,321 402,070,624 442,277,686 486,505,455

County Assembly 498,398,759 527,552,585 580,307,843.50 638,338,627.85

Total Expenditure 3,246,977,442 3,101,924,220 3,412,116,642 3,753,328,306

Mr. Speaker Sir,

In the above table the Proposed Recurrent Expenditure by Department 2016-2019 for County

Assembly should be as amended in the above table.

c) PROPOSED DEVELOPMENT EXPENDITURE 2016-2019

Mr. Speaker Sir,

The following is a table of the Proposed Development Expenditure 2016-2019

Table 5



Department Revised

Estimates

Proposed

Ceilings

2016/17

Projected

Expenditure

2017/18 (Ksh)

Projected

Expenditure

2018/19 (Ksh)

Agriculture,

Livestock and

Fisheries

184,704,429 280,000,000 330,000,000 350,000,000

Economic planning,

Commerce and

Industry

151,826,847 320,000,000 380,000,000 400,000,000

Water, Environment

and Natural

Resources

302,286,237 310,000,000 310,000,000 330,000,000

Public Works,

transport and

infrastructure

1,061,551,457 420,000,000 510,000,000 530,000,000

Education, ICT &

Vocational Training

187,552,942 265,000,000 310,000,000 330,000,000

Health services 477,504,823 570,000,000 600,000,000 620,000,000

Lands, Housing and

Physical Planning

163,288,720 270,000,000 320,000,000 340,000,000

Gender, Youths,

Sports, Culture,

women & Tourism

119,801,720 260,000,000 310,000,000 330,000,000

Governance, PSM, 92,685,954 230,000,000 280,000,000 300,000,000



CPSB

Finance 79,700,000 75,000,000 110,000,000 130,000,000

County Assembly 86,986,544 95,685,198.40 105,253,718.24 115,779,090.06

Total Development

Expenditure

2,907,889,673 3,000,000,000 3,500,000,000 3,900,000,000

LIST OF AMENDED PROPOSED PROJECTS FOR 2016/17 F/Y

Table 6

AGRICULTURE LIVESTOCK FISHERIES AND CO-OP DEVELOPMENT

Projects Amount in Ksh.

Millions

Agriculture Sub Sector

1 Fencing of AMS (Agricultural machining services) 5

2 Fencing of ATC farm 5

3 AMS equipment & workshop 5

4 Promotion of coffee farming/ subsidy 10

5 Promotion of tea farming/ subsidy 7

6 Tissue culture laboratory and bananas seedlings 5

7 Soil testing equipment and services 5.2

8 Model farms 4.7



9 Fruit tree nurseries 5.9

10 Office accommodation 5

11 Export vegetable crops 4

12 Utility vehicles 4

13 Plant clinics 6

14 Development of farmers data base 4

15 Soil & water conservation for sustainable agric 3

16 Construction of grain stores 9

17 Purchase and installation of grain driers 12

Agriculture Sub Total 99.8

Livestock subsector

1 Dairy value chain 1.67

2 Management of animal diseases and pest control 27.67

3 Livestock breeding and genetic improvement 12.5

4 Fish value chain 1.91

5 Cooperatives management 2.26

6 Improve indigenous chicken 14.42

Livestock subsector total 60.43

WATER ENVIRONMENT AND NATURAL RESOURCES



1 Soil waste management 30

2 Restoration of water catchment areas 10

3 County forest cover extension 5

4 Sanitation (conservancy) 2

5 Boreholes 50

6 Rehabilitation of dams 20

7 Spring protection (400,000 per ward) 10

8 Completion of ongoing projects 25

9 Gravity scheme extension 30

Sector Total 182

EDUCATION AND ICT

1 ECDE classrooms (4 classes per ward) 100

2 Elimu bursary fund 101

3 Motivation scheme for teachers/ students 3

4 Teaching/ learning materials 8

5 Furnishing and equipping ECDEs 15

6 Tools/equipments for polytechnics 10

7 Annual county education conference 3

8 Capacity for teachers 3



9 Vocational centre/ polytechnics exhibitions 3

10 Emergency education fund 4

11 Quality assurance & stds 5

12 ICT equipments & infrastructure and maintenance of ICT

equipment and services

3

Sector Total 258

LANDS HOUSING & URBAN DEVELOPMENT

1 Facilitation of acquisition of titles 75

2 Preparation of county spatial plan 30

3 Completion of Kitale integrated urban development plan 10

4 Preparation of Kiminini integrated urban development plan 13

5 Acquisition of land – relocation of forest 20

6 Housing development 22

7 Maintenance of county houses 5

8 Establishment of GIS lab 2

9 Construction of bodaboda (1 million per ward) 25

10 Secure and beatify green parks/Roundabouts 0.62

11 Purchase of land for airport expansion 10.88

Sector total 213.5

GOVERNANCE, PUBLIC SERVICE MANAGEMENT AND COUNTY PUBLIC



SERVICE BOARD

1 Office construction and accommodation 50

2 Disaster management emergency fund 41.2

3 Establishment of security enforcement unit / ombudsman office 11.15

4 Human resource management and policy development 30.9

5 Public participation and civic education(per ward) 12

6 Intergovernmental relation programs 7.5

7 Needs assessment and customer satisfaction surveys 5

8 Human resource planning 6.25

Sector total 164

HEALTH SERVICES

1 Community health strategy 5

2 Vaccines & immunization cold chain equipment 20

3 Equipping health facilities 30

4 Construction of 5 incinerators and disposal pits 20

5 Procure 50 motorcycles and 5 utility vehicles 40

6 Purchase generators for all hospitals 20

7 County referral hospital completion 300

8 KMTC expansion /construction 50



9 Expansion /construction of ward health facilities 75

10 Mount Elgon Hospital 10

11 District Hospital 16.29

Sector total 586.29

GENDER ,YOUTH,SPORTS & TOURISM

Gender

1 Youth and women development fund 40

2 Welfare services to person with disabilities(PWDs)elderly

socially distressed and vulnerable groups(1.2 per ward)

30

3 Establishment of a rehabilitation centre for street

children(Bahati)

2

4 Establishment of youth sport training centre (talent centre) 15

5 Capacity building for youth & women 2

6 Cultural activities 10

7 Purchase of sport equipment (1m per ward) 25

8 Development of tourism products, tourism promotion and

marketing

5

Sector total 129

WORKS ,TRANSPORT AND INFRASTRUCTURE

1 Purchase of road construction equipments 240



2 Completion of bus park 55

3 Road maintenance (2m per ward ) 50

4 Electrification program 10

5 Construction of drainage structures(1m per ward) 25

6 Fire station 5

7 County garage 5

8 Branding 5

9 Projects supervision 5

10 Rehabilitation of back streets 20

Sector total 420

ECONOMIC PLANNING ,COMMERCE& INDUSTRY

1 County planning

2 County plans 5

3 County monitoring and evaluation system installation 5

4 Project monitoring and evaluation 3.5

5 Social economic surveys 2

6 Information and documentation centre 2

Sub Total 17.5

MSE



1 Juakali sheds(1m per ward) 25

2 Mse SACCO capacity building 3

3 Nawiri fund(1m per ward) 25

Sub Total 53

TRADE

Business park 50

County branding 5

Trans Nzoia holding company /maize milling and animal feeds

plant

93.5

Construction of modern kiosks(1.6 per ward) 40

Weights and measures equipment 7

Sub –Total 195.5

Sector Total 266

FINANCE

1 Utility vehicles 25

2 Improvement of automated systems 35

3 Audit of county projects 15

4 Sector total 75

5 Wards specific projects 450



COUNTY ASSEMBLY 95,685,198.40

GRAND TOTAL

6. RECOMMENDATIONS

Mr. Speaker Sir,

The committee recommends that;

a) The allocation of ward specific projects for F/Y 2016/17 to be Ksh. 18 million per ward.

b) The revised County Fiscal Strategy Paper 2016 (CFSP) to be adopted by this honorable

house with above amendments.

7. CONCLUSION

Mr. Speaker Sir,

The county executive should follow and implement this report as it is for the good of Trans

Nzoia people.

DATED AT KITALE THIS DAY OF MARCH 2016

1. HON. SIMON MAKHANU………………………..

2. HON. DAVID KABOLOMAN……………………

3. HON. ALFRED WESWA………………………….

4. HON. HILLARY KEMEI………………………….

5. HON. BETTY KIPSONGOK………………………

6. HON. EDWARD KITUR…………………………..

7. HON. FRANCIS WERE……………………………

8. HON. GILBERT KITIYO………………………….

9. HON. JOEL MILIMO………………………………

10. HON. JOHN LIKOVELE…………………………..



11. HON. MUNENE MUKUHA………………………..

12. HON. ANDREW KUTITILA………………………

13. HON. ANGELINE TOO……………………………

14. HON. MARGARET WANJALA…………………..

15. HON. SAMUEL YATOR…………………………..

16. HON. PHILIP SAKONG……………………………

……………………………………………………

HON. DAVID KISAKA

CHAIRPERSON: COUNTY BUDGET AND APPROPRIATION COMMITTEE

Speaker: Thank you Chairman, can we have one member to second the adopt of that report?

Hon. Makhanu: Thank you Mr. Speaker, I stand to second the report as it has been read. Thank

you.

Speaker: I now allow few comments, one member from this side and another one from the other

side.

Hon. Kutitila: Thank you Mr. Speaker for giving me this chance so that I can support the report.

Mr.Speaker, I want to appreciate the committee that this time, they have really tried to increase

the allocation .Because, we have discovered Mr. Speaker that some projects that have been

launched in Ward level are in report. But implementation Mr. Speaker is a problem, even if we

struggle and we miss Wards specific projects, I will urge my colleagues that we should not leave

this projects so that Executive can take them free because it’s the money of the people of Trans

Nzoia. Secondly, I want also to appreciate that as a committee, we sat down and I realize that as

the assembly, its necessary to have our development. Mr. Speaker most of the time Executive

have been doing their things forgetting that also Assembly has to do development. Mr. Speaker,

as the Chair said, we give allocation to the Assembly because we have some projects which will

take some years like administration block, catering and Mr. Speaker after finishing this wall, we

need also to have a plan for the Assembly center. Lastly, Mr. Speaker, I want to urge the



Executive that they should not put funds in this small Banks like Chase Bank which has been

faced with problems like what they did with the bursary. This time we want to urge the executive

that Trans Nzoia funds go where we are sure of instead of facing the same challenge tomorrow

again. Most of the students who are in University from Monday will not sit for their exams. I

support our able Chair of the committee where am also a member. This is the last financial to me

Mr. Speaker and we want to make sure that Executive implement the budget because we shall be

seriously campaigning so that at the end of the day Mr. Speaker, we make sure this budget will

make us to come back Mr.Speaker,I want to support it.

Hon. Njoroge: Thank you Mr. Speaker, I also want to take this opportunity to thank the

committee for having deliberated on the same and table a very nice report. My concern Mr.

Speaker is that on revenue collection, it is actually very clear to us what we are getting from the

work force and what is going. The figure are coming down instead of increasing whatever we

are supposed to collect .Under land, I wish if the county government or executive might

consider to give waiver to the land owners. We will ensure we get much from that sector, so they

should consider a waiver at this time Mr. Speaker it’s quite okay. I also concur with Chair. Mr.

Speaker, I don’t understand why somebody underrates or even begging the correction at every

lower rate unless one has got things that we don’t understands. I don’t see why somebody should

say we are going to collect two shilling and yet we have the capacity of collecting ten. Am very

grateful now that the Ward specific fund has been increased from 12million shillings to 18

million shillings, am very comfortable the 12million we got Mr. Speaker is making huge impact.

If it goes and we are able to implement it. This will ensure that all of us we are coming Mr.

Speaker.

Hon. Kaboloman: Thank you Mr. Speaker, I want to say something on the report Mr.Speaker.I

want to make it clear that this is not a budget, this is strategy paper, the guidelines on how to the

budget is going to be. Therefore, I want to say that the proposal Executive has given to us is very

good. Not budget but a guideline that Executive have given us.

Speaker: Hon Deputy Speaker, this is what forms the basic on the budge, continue,



Hon. Kaboloman: But I think Mr. Speaker, if am not wrong, the paper itself- County Strategy

Paper and is the foundation of the budget the way you have said Mr. Speaker, and therefore, am

honest and I want to be quoted that this is the basic of making a budget and we can come again

and reverse its up to the committee of the budget and this House to endorse the proposal of the

budget.

Speaker: Thank you Hon. Deputy Speaker, sit down. Let me explain something. I attended to a

very high caliber meeting in Mombasa and we had an economist and he really stressed on this

paper, he said that we have always been taking it wrong by wanting to change the budget very

late. I want also to emphasize that be this House which we again pass this budget and incase that

budget contravene and we have put it here the ACT will be the same circle of the last financial

year. We want when we forward this paper to the executive to be very clear that what the

assembly has adopted is what they should follow to bring out the budget. We should not doubt

ourselves unless we don’t want 18 million shillings for the wall.

Hon.Kaboloman: Thank you Mr. Speaker am very much conversant of the figure. I want to

thank you Hon. Members even although it’s not the budget but the guideline. Thank you.

Hon. Milimo: Thank you Mr. Speaker, it’s an opportunity that I should add my voice to the

good work so far done. Mr.Speaker, over developing critic, the Fiscal Strategy Paper that should

be adopted by this House. Mr. Speaker, I thank you for the wisdom. This is the really thing Mr.

Speaker the finance Act says that the Executive Mr. Speaker shall simply adopt what has been

approved by the Assembly, they can change and if they change they will bring the budget to us.

Therefore, our responsibility is to look the needs of the people. What is ahead of us Mr. Speaker

through the Chair of budget is to invite the individuals department Mr. Speaker so that they come

up with a program based on a subject which this money we have allocated in their department

should be programmed. One speaker said earlier that we develop these Ward specific projects

Mr. Speaker. The entire county government has turned out to focus on 12 millions shillings and

they have left the entire budget. I don’t know where this budget is going to? Mr. Speaker, we are

remaining with only 2 months for entire financial year 2015/2016 to go. Therefore, this House

should be vigilant to ask each and every department of County Executive Committee, Chiefs



Officers to account for the money. Mr. Speaker, we are being given small percentage as the

county government by the treasury and we are all focusing on that l forgetting the entire budget

of the republic of Kenya .That’s why there are billions of money being swindled, because we are

not vigilant about the money that’s left at the treasury, the same to 12million shillings or

18million the rest of the money is with executive. We need to make sure that we follow up and

ensure this money is well used. Otherwise with these few remarks, Mr. Speaker, I concur with

the committee and also the Chair.

Speaker: Thank you very much the Hon. House, I now put the question that this report on

County budget and appropriation committee on County Fiscal paper 2016 dated the 14 th /4/2016

be adopted by this Hon. House

I now direct this report that has been adopted by this Hon. House together with the report with

the amended one, retain the first one, they brought a new one fashion and this report which they

brought 29th March 2016 be together with a cover letter and be send to the Executive so that we

proceed with budget making process and I urged the Chair of budget that this time to be vigilant.

We don’t want to see what happened last year to re occur. This county belongs to the people of

Trans Nzoia, if there is any differences, we iron them before so that we serve the people of this

county during this last year in our Offices.


Report by Transport and Public works committee on roads at Matumbei by Hon. Samuel

Yator.

Hon.Yator: Thank you Mr. Speaker

Report by Transport and Public works committee on roads at Matumbei by Hon. Samuel

Yator.

Thank Mr. Speaker



REPORT OF TRANSPORT AND PUBLIC WORKS COMMITTEE ON ROADS

WORKS IN MATUMBEI WARD

1. INTRODUCTION:-.

Following the resolution of this Honorable on 15th December 2015 during a special sitting, this

House Resolved that Transport committee ascertain the real contractors who did road works in

Matumbei and actual amount of work done by each contractor. The Committee held it’s sittings

at County Assembly Boardroom to strategize on the best approach to apply and proceeded to

Matumbei Ward on 10th March 2016 to collect data and verify the actual work done on roads by

the contractors. The committee then analyzed data collected from the Ward at Iroko Crystal

Hotel on 7th April 2016 where it comes up with this comprehensive report.

Mr. Speaker Sir,

As the committee went out to accomplish the task tasked, it was guided by the following

principal that the committee of PAIC made and which was adopted by the House and committed

to this committee. The recommendation was:-

1. Roads in Matumbei Ward were claimed by various contractors as indicated in

appendix IV; pages 85-86

2. MEMBERSHIP OF THE COMMITTEE

The Members of the Committee as constituted by this House and were present during the

exercise are:-

1. HON. SAMUEL YATOR Chairperson

2. HON. BERNADINE OMONDI V/Chairperson

3. HON. DAVID KISAKA Member

4. HON. EMMANUEL WASWA Member

5. HON. GEORGE MASIKA Member

6. HON. HILLARY KEMEI Member



7. HON. JAPHETH WAMBALABA Member

8. HON. MUNENE MUKUHA Member

9. HON. ALFRED WESWA Member

10. HON. ANGELINE TOO Member

11. HON. DORCUS SIKOWO Member

12. HON. TERRY MASIBO Member

13. HON. EVERLINE NELIMA Member

14. HON. JULIA EGO Member

15. HON. MAGDALINE TUWEI Member

16. HON. FARID MOHAMED Member

17. HON. MARGARET WANJALA Member

18. HON. BIRGEN ELIZABETH Member

19. HON. PHILIP SAKONG Member

SECRETARIAT STAFF

The Committee was aided by the secretariat composed of;-

1. Colleta Kisaka D/Clerk

2. Abraham Walubengo Senior Clerk

3. Joshua Kasembeli Hansard

4. kiprotich Meng’wa Ag. Committee Clerk

5. Eglah Magoma Ag. Committee Clerk

6. Moses Wanyonyi Finance Officer

7. Fred Wanyonyi Ag. Committee Clerk

8. Juliet Bii Ag. Committee Clerk

3. MANDATE OF THE COMMITTEE

Mr. Speaker Sir,

This committee is mandated to do deal with:-



All matters related to county transport, including county roads, street lighting, traffic and

parking, public road transport and ferries and harbors, excluding the regulation of international

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

Mr. Speaker Sir,

The committee invited all the contractors who were claiming to have done road works in

Matumbei Ward and the following contractors turned up:-

a. Evisa Construction Company

b. Milestone Contractors

c. Mateka Construction

d. Delta Maintenance Service

While those Contractors who did not turn up were:-

1. Chebna Enterprise

2. Jackom Building

3. Lisa international

4. Exodus technical

5. Cheparus Women Group

6. Pacific

7. Seberias Building

Mr. Speaker Sir,

The committee also invited the representation of the contractors and among of them was the

(Personal Assistance) P.A to the late Hon. Matongolo who was instrumental in identification of

actual contractors who had worked in the said road.

Mr. Speaker Sir,



My committee also interviewed locals who were quick in their appearance and helped us a lot in

the same exercise of identification.

The committee then proceeded to Iroko on 7th 8th and 9th to write a report.

FINDINGS/OBSERVATIONS

Mr. Speaker Sir

The committee reached all the roads that were claimed with the contractors and came up with

these findings;

i. The committee after inspections realised that there was no any conflict on any road

between Milestone Constructor and Delta Maintenance.

ii. Delta Maintenance did its roads work on the lower side Matumbei Ward, i.e Tobos

and Kolongei .

iii. Milestone did its roads work at the upper side of Matumbei i.e Salama, Ngoikwana

and Samagoli.

iv. Some of the Contractors worked with proper documents, i.e. LSO’S BQ’S ward

letters and completion certificate as listed in table 4

v. Some contractors worked without any relevant documents as listed in the table 3.

vi. Total length of roads graded in the whole ward by contractors who have all the

contractual documents was 31. 9 km while those graded by contractors without

relevant documents was 126. 1 km. In total 158.2 KM were graded in Matumbei

Ward as indicated in table 5



vii. Gravelling done with contractors who have LSO,s was 12.6 km while that done by

contractors without LSO.s was 10.2 .Mr. Speaker, the total length of gravelled length

is 22.8 as indicated in table 5

viii. Lines of Culverts were installed by contractors who had LSO 14 while lines of

culverts installed by Contractors without the LSO,s were 25 In total 39 lines of

culverts were installed as indicated in table 5

RECOMMENDATIONS

Mr. Speaker Sir,

The committee strongly recommends THAT PAYMENTS SHOULD BE MADE ON THE

BASIS OF WORK DONE BY EACH CONTRACTOR.

DATA COLLECTED ON ROAD DONE IN MATUMBEI CONDUCTED BY

THE TRANSPORT AND PUBLIC WORK COMMITTEE

TABLE 1

TRANS NZOIA COUNTY ASSEMBLY ROAD INSPECTION MATUMBEI WARD

10/03/2016

INSPECTION SCORE SHEET ROADS WITHOUT LSO NO

ACTIVATES IN MATUMBEI WARD ENDEBESS SUB COUNTY

NAME OF THE ROAD CONTRACTOR LENGTH BUSH

CLEARI

NG

GRADIN

G

CULVERTS MURRAMI

NG

COMMENT

1. Cheptumbei Elgon Junior Delta Maintenance 2.1 KM Not Done Done None Not Done



2. Gichuki Fishers Delta Maintenance 1.8km Done Done 2(900mm) Not Done

3. Titmet-Kamron Road Delta Maintenance 0.3km Not Done Done None Not Done

4. Dip Matumbei Road Delta Maintenance 1.4 KM Not Done

5. Kambon-Mzee Siasa Delta Maintenance 1.5 km Done Done None Not Done

6. Joboo Center-Kasaran Road Delta Maintenance 1.2km Done Done None Not Done

7. Kolongei Nyakoikwana Delta Maintenance 3km Done Done 2 Not Done

8. Endebess –Kimoso Farm B Delta Maintenance 3km Done Done None Done(2KM)

9. Kolongei Saiekwa Delta Maintenance 0.3km Not Done Done None Not Done

10. Matumbei Sec Lapot Delta Maintenance 0.9km Done Done None Not Done

11. Kalongei Lapot Mubere Delta Maintenance 2.5km Done Done 1 Not Done

12. Matumbei-Titimet Delta Maintenance 3 KM Not Done Not Done 1 Not Done

13. Kubere Center-Kaibei Delta Maintenance 0.7km Done Done None Not Done

14. Endebess-Kimoso Farm A Delta Maintenance 3KM Done Done 1 Done (3km)

15. Mosop PCM on Center Road Delta Maintenance 1.5 KM Not Done Not Done None Not Done

16. PST Joseph-Kasarani Delta Maintenance 1.5km Done Done None Not Done

17. Kolongei Center-Health Road Delta Maintenance 1 km Done Done None Not Done

18. Saekwa-Cheptikiti Delta Maintenance 1.5 km Not Done Done None Not Done

19. Tobos Center-Hospital Delta Maintenance 2.2 KM Not Done Not Done 1 Done (0.5)

20. Nalulingo Pri-Kimondo Delta Maintenance 1.5 km Done Done None Not Done

21. Butaki-Maruki Road Delta Maintenance 2. 5 km Done Done None Not Done

22. Kapkuresi-Toboo Delta Maintenance 7 KM Not Done Done None Done (1 km)

23. Kwa Simiyu-Willington Road Delta Maintenance 3.8km Not Done Done 1 Not Done

24. Butaki-Sesia Delta Maintenance 0.7km Not Done

25. Cheptikit Pri- Kiteria Delta Maintenance 1.2km Done Done 2(900mm) Not Done

26. Nalulingo Pri-Dip Delta Maintenance 3 km Done Done None Not Done

27. Mubere River-Meru Farm Pacific General 2km Done Done None 0.05km

28. R19-Namwichula Kaloleni Jackoam Building 3.1km Done Done None Not Done

29. Kimindo Nalulingo USA International 1.9km Done Done None Not Done



C

30. Salama-Basali-Pri-Chenge Exodus Technical 2km Done Done None Not Done

31. Gumo-Namiti- Kimondo Pacific General 0.4km Done Done None Not Done

32. Mebere Sec – Cheptarea Pacific General 5.8km Done Done 3(600mm) 1.7km

33. C45-Gumo-R19-Mamiti Siberias Building 1.9km Done Done 2(600mm) 1.9km

34. C337-Zea Cheparus Women

G

3km Done Done 1(600mm) 0.05km

35. Kimondo Junction-Kaponywa Pacific General 2.5km Done Done None Not Done

36. Mzee Wanyama- Chemkengeni Milestone 1.6 km Not Done Done None Not Done

37. Peter Makaya-Mwalimu Sinoch Milestone 1.4 KM Done Done None Not Done

38. Peter Wafula-MwalimuSinoch Milestone 1.3 km Not Done Done None Not Done

39. Peter Wafula Jun-Quary Milestone 1.3 km Not Done Done None Not Done

40. Quary –WangilaMepu Milestone 1.9 km Not Done Done None Not Done

41. Mzee Lumbasi-Mzee Clement Milestone 1.5 km Not Done Done None Not Done

42. Kaimbe-Mzee Andarasi Milestone 2.3 km Not Done Done None Not Done

43. Mzee Andarasi-Forest Milestone 1.8 km Not Done Done None Not Done

44. Jun Mzee Andasi-Salama Mkt Milestone 1.0 km Done Done None Not Done

45. Salama-Mzee Okutu Milestone 1.0km Not Done Done None Not Done

46. Adija(Patrick)-Rock Jun-

Lawrence

Milestone 1.0 km Not Done Done 1(600mm) Not Done

47. Adija-River Milestone - Not Done Done None Not Done Not Done

48. Bony (Private School)-River Milestone 0.4 KM Not Done Done None Not Done

49. Salama Market-Four Way Jun Milestone 1.5 KM Not Done Done None Not Done

50. Kerra Road Jun(RHS)-Mzee

Mark

Milestone 1.2 KM Done Done None Not Done

51. Kerra Road Jun(LHS)-Dispensary Milestone 0.5 km Not Done Done None Not Done

52. Sokomoko Mkt-Forest Milestone Not Done

53. Sokomoko Market –Namutokholo Milestone Not Done



54. Kambi Kisii Junction-Chepkwirot Milestone Not Done

55. 4way Junc(Machambe)-

Marehemu Maremo

Milestone Not Done

56. Chepkwirol Church-FHC-Adija

River

Milestone 2.3 KM Not Done Done None Not Done

57. Machebe-Faith Hope Church Milestone 1. 0 km Not Done Done None Not Done

58. New Life Church-Mama Agnes Milestone 1.0 KM Not Done Done None Not Done

59. FHC-NLM Patrick Nyongesa

Mungori

Milestone 2.0 KM Not Done Done None Not Done

60. New Life Mission- River Milestone 1.3 km Not Done Done None Not Done

61. Mzee Chemase-Mzee Boy

Junction

Milestone 1.2 km Done Done 2(600mm) Not Done

62. Mzee Richard-Cattle Dip Milestone 2.5 KM Done Done None Not Done

63. Cattle Dip-Kabuiywa-Forest Milestone 3.6 km Done Done 2(600 mm) Not Done

64. Chesta Center-Namchula Milestone 2.0 km Done Done None Not Done

65. Chesta Center-Narulingo Pri Milestone 2.8 km Not Done Done None Not Done

66. Mangi(Mkamba)-Patti Milestone 1.6 km Done Done None Not Done

67. Sokomoko Market-Jun River Milestone 1.2 km Not Done Done 2(600mm) Not Done

68. Nyamumbo- Dispensay -Mukai Milestone 1.7km Not Done Done 2(600mm) Not Done

69. Mzee Wanyama-Namutoholo Milestone 0.8 km Done Done None Not Done

70. Tobos Center-Hospital Delta Maintenance 0.5 KM Done Done None Not Done

71. C45 Catholic-E343 Bosio 1.1 KM Done Done None Not Done

72. C45-Kalacha 0.3 KM Done Done None Not Done

73. Kimondo Market-Kalabana 1.5 KM Not Done Done None Not Done

74. Tobo-Cheptarakai 3 KM Done Done None Not Done

75. Kolengei-Kapkuresi 1.3 KM Done Done None Not Done



TABLE 2

TRANS NZOIA COUNTY ASSEMBLY ROAD INSPECTION

MATUMBEI WARD

10/03/2016

INSPECTION SCORE SHEET ROADS WITH LSO NO.

ACTIVITIES IN MATUMBEI WARD ENDEBESS SUB COUNTY

NAME OF THE ROAD CONTRACTOR LSO NO LENGTH BUSH

CLEARING

GRADIN

G

CULVER

TS

MURRAMIN

G

COMME

NT

1. Kimondo Pri-Salama

Mkt

Pacific General 1083808 2.9KM Done Done 1(600mm) 2km

2. Kimondo Pri-

Chemngengen Farm

Pacific General 1083808 0.5KM Done Done None Not Done

3. EX-Clara Farm Chebna

Enterprises

0968714 1KM Done Done 4(600mm) Done(1 KM)

4. Kalka Road-Bwadome Evisa Con 1018435 1.9 KM Done Done None Done (1.9 KM)

5. Kolongei-Culavary Evisa Con 1018436 1.6 KM Not Done Done None Done (0.7 KM)

6. Kapkures Road Jun Evisa Con 1018439 1.9 KM Done Done 2(900mm) Done (1.2 KM)

7. Matumbei- Muberi

Road

Evisa Con 1018438 1.5KM Done Done 2(600mm) Not Done

8. Lapot – Kolongei Evisa Con 1018440 2.0 KM Done Done None Done (1 KM)

9. Catholic -Chepsalei Mateka Con 0945784 4. KM Done Done 2(600mm) Not Done

10. Cheptembei-Scheme Mateka Con 0945785 5.0 KM Done Done 1(600mm) Done (1 KM)

11. Korrea –Labot Evisa Con 1018433 2.0 KM Done Done None Done (1 KM)

12. Toboo-Dispensary Evisa Con 1018437 2.0 KM Done Done 2(600mm) Done (1 KM)

13. Kolongei-Namwikhula Evisa Con 1018434 6.0 KM Done Done None Done (2.3 KM)

14. Holistic Road Evisa Con 1018441 1.1 KM Done Done None Done (1 KM)



SUMMARY OF WORK DONE

(ROADS WITHOUT LOCAL SERVICE ORDER (LSO) NO

TABLE 3

NAME OF THE CONTRACTOR GRADING –

LENGTH (KM)

TOTAL

CULVERTS –

LINES(600MM)

MARRAMING -

LENGTH (KM)

DELTA MAINTENANCE 51. 8 KM 11 6.5 KM

PACIFIC GENERAL 8.2 KM 3 1.75 KM

JACKOAM BUILDING 3.1 KM 0 0

MILESTONE 47. 2 KM 8 0

SIBERIAS BUILDING 1.9 KM 2 1.9 KM

CHEPARUS WOMEN G 3 KM 1 0.05 KM

USA INTERNATIONAL 1.9 KM 0 0

EXODUS TECHNICAL 2 KM 0 0

OTHERS ( ROADS WITHOUT

FOUND CONTRACTORS)

7. 2km 0 0

TOTAL 126.3 KM 25 10.2 KM

SUMMARY WORK DONE

ROADS WITH LOCAL SERVICE ORDER (LSO) NO

TABLE 4

NAME OF THE

CONTRACTOR

GRADING -

LENGTH

(KM)

CULVERTS

LINES (600MM)

MURRAMING

LENGTH IN KM

PACIFIC GENERAL 3.4 KM 1 2 KM

CHEBNA ENTERPRISES 1 KM 4 1.0 KM



EVISA CONSTRUCTION 18.5 KM 6 9.1 KM

MATEKA CONSTRUCTION 9 KM 3 0.5 KM

TOTAL 31.9 KM 14 12.1 KM

TABLE 3

Summary

Name Designation

Signature

1. Hon. Samuel Yator Chairperson

------------------------------------

2. Hon. Bernadine Omondi Vice Chairperson

------------------------------------

3. Hon. David Kisaka Member

-----------------------------------

4. Hon. Emmanuel Waswa Member

----------------------------------

5. Hon. George Masika Member

------------------------------------

6. Hon. Hillary Kemei Member

------------------------------------

7. Hon. Japheth Wambalaba Member

------------------------------------

GRADING CULVERTS MURRAMIMG

WITH LSO NO 31.9 KM 14 12.6 KM

WITHOUT LSO NO 126.3 KM 25 10.2KM

TOTALS 158.2 KM 39 22.8 KM



8. Hon. Mukuha Munene Member

---------------------------------

9. Hon. Alfred Weswa Member

-----------------------------------

10. Hon. Angeline Too Member

------------------------------------

11. Hon. Dorcus Sikowo Member

-----------------------------------

12. Hon. Terry Masibo Member

-----------------------------------

13. Hon. Everline Masibo Member

---------------------------------

14. Hon. Julia Ego Member

--------------------------------

15. Hon. Magdaline Tuwei Member

--------------------------------

16. Hon. Farid Mohamed Member

-------------------------------

17. Hon. Margret Wanjala Member

--------------------------------

18. Hon. Birgen Elizabeth Member

------------------------------

19. Hon. Philip Sakong Member

-------------------------------

Speaker: Thank you Hon. Yator. Hon. House, I have the report on Transport and Public works

committee on roads at Matumbei. I now propose the Chair to give one person from the

committee to second it.

Hon. Yator: Thank you Mr. Speaker, I urge the Hon. Kisaka to second. Thank you.



Speaker: Is he a member of your committee?

Hon. Yator: Yes Mr. Speaker.

Hon. Kisaka: Thank you Mr. Speaker, I stand to support the report.

Speaker: I now open the debate and only one member from each side

Hon. Masika: Thank you Mr. Speaker Sir, I don’t have the same report and that will limit my

contribution.

(Gets a copy)

Mr. Speaker, I believe that the committee had done a good work to verify companies that had

arguments and the committee has come up with a very comprehensive report. I believe it’s a true

copy of what was done on the ground. Therefore, I support the report. Thank you.

Hon. Toroitich: Asante Bwana Spika ningependa kushukuru Kamati hii sana. Bwana Spika,

ningependa kusema kwamba, kamati hii imefanya vizuri ili hawa wanakandarasi waweze

kulipwa. Itakuwa vizuri ujumbe huu uwafikie ili walipwe. Hata Biblia inasema, kila mmoja

anapofanya kazi anastahili apewe haki yake. Asante bwana Spika.

Speaker: Honorable House, I appreciate that the report has been contributed and now it’s my

turn to put a question,

Will as many as of the similar opinion that the report of Transport and Public works committee

on roads at Matumbei be adopted by this House say Ay?



Report by Budget and appropriation committee on finance Bill by Hon David Kisaka.

Hon Kisaka: Thank you Mr. Speaker Sir, I Stand to table the report as follows;



REPORT OF THE COUNTY BUDGET AND APPROPRIATION COMMITTEE ON

TRANS NZOIA COUNTY FINANCE BILL 2015

8. INTRODUCTION:-

Mr. Speaker Sir,

This is the report of the County Budget and Appropriation Committee on the Trans Nzoia

County Finance Bill 2015, following its sittings at the County Assembly Board room and at

Iroko Crystal Gardens Hotel in Kitale between 11th to 14th March, 2016.

9. MEMBERSHIP OF THE COMMITTEE

Mr. Speaker Sir,

The members of the Committee as constituted by this honorable house and who were present

during deliberations are:-

1. HON. DAVID KISAKA CHAIRPERSON

2. HON.SIMON MAKHANU - VICE CHAIRPERSON

3. HON. BETTY KIPSONGOK-MEMBER

4. HON. DAVID KABOLOMAN-MEMBER

5. HON. ALFRED WESWA-MEMBER

6. HON. HILLARY KEMEI-MEMBER

7. HON. EDWARD KITUR-MEMBER

8. HON. FRANCIS WERE-MEMBER

9. HON. GILBERT KITIYO-MEMBER

10. HON. JOEL MILIMO - MEMBER

11. HON. JOHN LIKOVELE-MEMBER

12. HON. PHILIP SAKONG-MEMBER

13. HON. MUNENE MUKUHA-MEMBER

14. HON. ANDREW KUTITILA-MEMBER

15. HON. ANGELINE TOO - MEMBER

16. HON. MARGARET WANJALA-MEMBER

17. HON. SAMUEL YATOR-MEMBER



THE SECRETARIAT

Mr. Speaker Sir,

The committee was aided by the following secretariat staff;

7. COLLETA KISIKA – D/ CLERK

8. ABRAHAM WALUBENGO – S/ CLERK ASSISTANT

9. MOSES WANYONYI-FINANCE OFFICER

10. DENNIS PANYAKO- BUDGET OFFICER

11. NICHOLAS NANDASABA- SERGENT- AT- ARMS

12. JULIET BII – COMMITTEE CLERK

13. JOSHUA KASEMBELI – HANSARD

THE MANDATE OF THE COMMITTEE

Mr. Speaker Sir,

The County Budget and Appropriation Committee is a Creature of Standing Order 187. The

Committee is mandated to:-

f) investigate, inquire into and report on all matters related to coordination, control and

monitoring of the County budget;

g) Discuss and review the estimates and make recommendations to the County Assembly;

h) Examine the County Budget policy Statement presented to the County Assembly;

i) Examine Bills related to national(sic)County budget, including Appropriation Bills;

and

j) Evaluate tax estimates, economic and budgetary policies and programmes with direct

budget outlays.



AGENDA

Mr. Speaker Sir,

Pursuant to the above mandate the Committee’s agenda was to examine the Trans Nzoia

County Finance Bill 2015 and propose amendments or adopt it as without amendments thereof

for subsequent consideration, debate and adoption by the plenary.

THE TRANS NZOIA COUNTY FINANCE BILL2015

Mr. Speaker Sir,

The budget committee deliberated on the finance bill 2015 and adopted the bill without

amendments;

DATED AT KITALE THIS DAY OF MARCH 2016

……………………………………………………

HON. DAVID KISAKA

CHAIRPERSON: COUNTY BUDGET AND APPROPRIATION COMMITTEE

Speaker: One member from the committee to second the report..

Hon. Milimo: Mr. Speaker Sir, I stand to second the report as tabled by Chair on the Fiancé Bill

2016.

Speaker: Thank you the Honorable House, with me I have the report on Budget and

Appropriation committee on Finance Bill and to that report it s next to the ACT itself. It’s a

short report, very clear and self explanatory. That is why I will go ahead and put the question.

Will as many as of the Similar Opinion that the report on the Trans Nzoia Finance Bill be

adopted say Ay?




The Ays have it.


Question No.012/2016 By Hon. Elizabeth Birgen.

Hon. Birgen: Thank you Mr. Speaker. I stand to table the following statement question as

follows:-

Under The Departmental Committee for Education, Information and Communication

Technology

Question to Executive Committee Member in Charge Of Education and ICT

Mr. Speaker Sir,

In the period 2014/2015 the County Government agreed that one ECD classroom was to be

constructed per one public school;

Could the county executive committee member for education and ICT furnish this house through

the relevant committee chairperson information with regard to the following;

1. How many classrooms were to be constructed?

2. How many were completed and how many were not?

3. How many contractors were paid the competed projects and what were their identities?

Thank you Mr. Speaker, Sir,

Speaker: Thank you the Hon. House, we have a statement dated 14/4/2016 by the Hon. Birgen

directed to the member committee for Education information and communication Technology. I

now direct the CEC to furnish this house with answer within 30 days from today’s date through

Office Clerk, the

Hon.Kititila: I want to make clarity because she is saying in all public schools, somebody may

misquote her.



Hon. Nelima: Thank you Mr. Speaker, after the session the member can communicate with

office of the Clerk, because there is no provision where you have to discuss the question which

has been asked by any person in this House.

Speaker: I concur with your statement. The person to struggle with question is the County

Executive Committee in Charge, not any person from this House. I will say we need the answers

within 30 days from today’s date and the committee can follow up and ensure the answers are

obtained thank you.


Question No.013/2016 by Hon. Elizabeth Birgen.

Hon.Birgen: Thank you Mr. Speaker, I stand to table statement question,

Under departmental committee for agriculture

Question to the executive committee member in charge of agriculture

Mr. Speaker sir,

The county government having renovated cattle dips across the county, could the county

executive committee member for agriculture to furnish this house through the relevant committee

chairperson information with regard of the following

1. Why chemicals have not been supplied for this facility to function?

Thank you Mr. Speaker sir

Speaker: Thank you Honorable House. I have a question, dated 14/4/206 I direct it to

Executive committee in charge of agriculture on chemicals and I direct that in charge of that

departmental committee to furnish this House within 30 days with answers to this question.


Question no.014/2016 by Hon Joel Milimo.



Hon Milimo: Thank you Mr. Speaker Sir.

Question no.014/2016 by Hon Joel Milimo.

Hon Milimo: Thank you Mr. Speaker Sir.

Under the departmental committee for finance and transport and public works

Question to executive committee members in charge of finance transport and public works

Mr. Speaker Sir.

Previously it was argued that because the county assembly had not passed the relevant resolution

authorizing payment of County Government contractors for the period 2013/2014 and 2014/2015

and the said resolution having since been passed on 15th December 2015.

Could the county Executive committee members in charge of finance and transport and public

works jointly and severally furnish this House through the relevant committee chairpersons

information with regards to the following:-

1. How many contractors, if any have not been paid?

2. How much if any is the outstanding county Government debt to the said contractors?

3. When does the county Government intend to make good the said debts if any?


Speaker: I thank you Honorable Members, before me, I have a question 14/4/2016 directed

severally to Finance seeking answers pertaining the contractors payment on roads and I direct

now those failures department named to furnish this House with answers to this question within

30 days through the Office of the Clerk


Question no.015/2016 by Hon Samuel Yator.

Mr. Speaker Sir,



I beg to read the following statement as follows;

Under the Departmental committee for Agriculture

Question to the executive committee member in charge of Agriculture

Mr. Speaker Sir,

Could the County Executive Committee member for Agriculture provide the respective House

Committee with the following:-

1. Whether the County Government has in stock subsidized fertilizer for 2016 planting

season?

2. When the said commodity shall be distributed out to farmers


Hon Yator: Mr. Speaker, this question, I brought long time ago, today I have seen it again,

Iknow the county government has already issued fertilizer, I stand to withdraw.

Speaker: Thank you Hon. Yator, the question has already been answered. Fertilizer has been

issued, now the question stands withdrawn thank you.


Response to question no.12/2015 by Hon Alfred Weswa.

Speaker: Hon. Majority, is it a response?

Hon. Weswa: Mr. Speaker Sir, it is a response.

Speaker: Go ahead and summarize it.

(READS)

So Mr. Speaker these are the children home that are within Trans Nzoia County

Speaker: Thank you very much hon. majority for the response, Hon. Farid are you satisfied?



Hon. Farid: Thank you Mr. Speaker, the response is satisfactory. Thank you Mr. Speaker.

Speaker: Thank you very much Hon. Farid, the issue is very important, I give directions that this

answers should be given to Hon. Members so that this House may come up with more answers.

Clerk next item on the Order Paper?

Adjournment by Hon. Alfred Weswa

Hon. Weswa: Thank you Mr. Speaker Sir, because of series of events that are coming, we have

devolution in Meru where this Hon. House has been invited to attend. It is very important

function so I propose the House to be adjournment to Tuesday26th April at 2:30 pm. I propose

Hon. Hillary Kemei Minority leader to second the adjournment. Thank you.

Hon. Kemei: Thank you Mr. Speaker, I rise to second the adjournment until Tuesday 26 th April

2016 Afternoon. Thank you Mr. Speaker.

Speaker: Honorable members, I also wish you a good evening, weekend and safe journey trip to

Afuraha Stadium and Meru. The House stand to adjourn until 26th Tuesday of April 2016

Afternoon.

(Adjournment)




PLENARY SESSION3RD MAY 2016

TUESDAY AFTERNOON SESSION

(Hon. Kuru in the Chair)

(Prayers)

Speaker: Clerk, the first item on the Order Paper?


Hon. Milimo: (Point of Order) Mr. Speaker Sir, we don’t have the quorum.

Speaker: Clerk, Can you confirm if there is a quorum?

Mr. Speaker Sir, we have only 8 members, we are missing 5 members.

Speaker: I direct the sergeant at arms to ring the bell for 10 minutes as the honorable House

remains silent.

(Bell rings)

Clerk, confirm if there is a quorum?

Mr. Speaker Sir, there is now a quorum.

Speaker: First item on the Order Paper?


Speaker: Honorable Members, good afternoon? We have visitors from National Parliament,

they need to meet us to communicate with them the ideas we feel that we need to be trained

based on our local needs. For those who have not met them, they are in the boardroom and I wish

from here, let’s go and share with them our ideas. Also during previous meeting, we were

communicated to have time frame on the debate on bills. But because the House did not go for a



recess, the timetable will not function and so members who are affected, we are sorry. We will

communicate to them on the amendment of the timetable may be on Thursday.


PAPERS

Trans Nzoia County Government Proposed Budget FY 2016/2017 by Hon. Alfred Weswa.

Speaker: With me Honorable Member, I have a notice from Hon. Weswa requesting Hon. Kitur

to table the report on his behalf.

Hon. Kitur: Thank you Mr. Speaker Sir. Mr. Speaker, I wish to get clarification from your

Chair, because it is clear that in absence of the Majority Leader, the deputy Majority takes his

duty. Not a gain a written latter.

Hon. Nelima: (Point of Order) Mr. Speaker, the issue of latter is not bad. You are right to inform

members that the Hon. Majority is absent. You are informing the House, but not Hon. Kitur.

Hon. Milimo: (Point of Order) Mr. Speaker, I agree with the Hon. Kitur. In the absence of the

Leader of Majority, he assumes to carry the duty as the deputy Majority Leader. Mr. Speaker,

does he need to be confirmed that he is the deputy Majority leader?

Hon. Nyarango: Mr. Speaker Sir, the Deputy Majority has quoted that the County gives him the

duty; it is not also bad to remind him and also the House that he will table on behalf of the

Majority leader.

(Hon. Majority enters)

But in deed I confirm that the Majority leader is in the House.

Speaker: Honorable Members, having both the majority leader and his deputy in this House is a

blessing. Secondly, the Clerk was communicated that the Majority leader will delay and

therefore I don’t see if it is wrong concerning the issue of a latter. I therefore direct Hon. Kitur to

continue.



Hon. Kitur: Thank you Mr. Speaker Sir; I do apologize to sit here when my boss is around. I

now stand to table the Trans Nzoia County Government Proposed Budget Fy 2016/2017 as

follows.

(Tables)

Speaker: Honorable members, I confirm that the Trans Nzoia County Government Proposed

Budget FY 2016/2017 is now the property of the House. I direct it to the Budget and

Appropriation Committee, unless Hon. Milimo you want to say something?

Hon. Milimo: ( Point of Order) Mr. Speaker Sir, it is that once the proposed budget has been

tabled, it should be directed to sectorial committee and after 21 days, the committees to report to

the house.

Speaker: Thank you Hon. Milimo. I agree on your direction. I thank you for that procedure.


PAPERS

Regulation of County Executive Mortgage and Car loan scheme by Hon. Alfred Weswa

Hon. Weswa: Thank you Mr. Speaker Sir. Mr. Speaker, I had officially delegated to my deputy

and he has the document.

Hon. Kitur: Thank you Mr. Speaker Sir, I stand to table the Paper-Regulation of County

Executive Mortgage and Car loan scheme as follows.

(Tables)

Speaker: Honorable House, I do confirm that I received a document on Paper-Regulation of

County Executive Mortgage and Car loan scheme by Hon. Kitur and because this is based on

finance, I direct it to the committee of Budget and Appropriation.




MOTION

Guidelines for Registration of Boda Boda in Sacco by Hon. Samuel Yator.

Hon. Yator: Thank you Mr. Speaker Sir, Mr. Speaker, I beg to move the following motion on

Guidelines for Registration of Boda Boda in SACCO

Mr. Speaker Sir,

AWARE that sufficient security and effective transport system have a significant contribution of

the economy of our County,

FURTHER AWARE that Boda Boda Transport have expedited of transportation in Kenya and

more importantly in our County.

CONCERNED that the use of motorcycle within Kitale town has contributed to the increase in

road accidents, traffic snarl ups and crimes.

Mr. Speaker, Sir,

Noting that some criminal use motor cycles to commit crime and flee from crime scene.

Mr. Speaker, Sir,

This Assembly urges the County Government to develop guidelines or regulations requiring all

Boda Boda operators to register with SACCOS for identification of Motor Cycle which will

reduce the dynamics in the Transport and security sector.

Thank you Mr. Speaker Sir

Mr. Speaker Sir, I urge members to support this motion because I know, they use motors cycle,

they have seen and they know what happens. Thank you.

Hon. Kemei: Thank you Mr. Speaker Sir. I rise to second and support the motion on Guidelines

for Registration of Boda Boda in SACCO. Mr. Speaker, this will reduce crises. I remember in

last year, we had recovered cases where we had crime users of these motorcycles. Mr. Speaker, if



we can start by registering the Boda Boda in places like 50 in Kiminini, 50 in Sibanga so that if a

crime accoured in a place, it will be easy to trance . It is the same way we have SACCOs of

Kangaro, like for Cherengany, Kapenguria and others. I therefore support the motion.

Hon. Kutitila: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to support the motion. Mr.

Speaker, when you read the SACCO, it is not only for the security matter. It also involves

bringing these Boda Boda together. We want to put a measure that every ward should have a

SACCO so that they can improve the way of life. It will also be easy to trace any problem

affecting these Boda Boda. Mr. Speaker Sir, I also want to put out that those wards which are not

benefiting from amount of Boda Boda, should start benefiting. Mr. Speaker, What devolution

means? Devolution means that the money to reach to every person in if in the villages and every

person in devolved should benefit. If Women funds are in the villages, what about Boda Boda

Funds? I therefore support this motion that if passes, first we will reduce the crime, we will

create employment to our people, and also we will be rich. Thank you Mr. Speaker.

Hon. Kitur: Thank you Mr. Speaker Sir. I have been unable to comprehend the motion. It is

speaking on two different issues. Like Mr. Speaker, when it comes to prayer of the motion that

County Government to develop guidelines or regulations requiring all boda boda operators to

register with SACCOS for identification of Motor Cycle which will reduce the dynamics in the

Transport and security sector. Mr. Speaker, is it a policy? When it comes to law, it is very clear

that County Assemblies deals with Policies and Executive deals with Implementation. And when

it comes to criminals it is the Judiciary and that is work of police, not SCCOs. SACCOs deals

with savings. For that reason, unless amendment is done, I retrieve my support to this motion.

Hon. Osiako: Thank you Mr. Speaker Sir, this motion had made me to view on what I

witnessed. Just last night, I left this town at 1:00am. I struggled getting a motor cycle and it was

very dangerous for my life Mr. Speaker. Another instance Mr. Speaker, we had a Boda Boda

who was bitten and was taken by a good Samaritan. In my ward, a young man was knocked by a

vehicle and he was drunkard. He was directed to the theater. Mr. Speaker, if this Assembly

passes this motion, it will help them. It will be a law that guards and reduce accidents.



Hon. Nelima: (Point of clarification) Mr. Speaker Sir, the prayer is a bit confusing. I think if he

makes a amendments, I think, he could have said like this, if you are going like in Nairobi, you

register like Somewhere. But he is talking about security and SACCO and SACCO means

different thing from security.

Speaker: Hon. Nelima, are contributing or you stood for point of clarification?

Hon. Nelima: I wanted to clarify there.

Hon. Milimo: (Point of Clarification) Mr. Speaker Sir, I know the statements in this motion, I

can say that the motion is not properly put. The intention of the mover is simple, Boda Boda to

be registered. But he had included other things.

Hon. Nyarango: (Point of Order) Mr. Speaker, is it in Order for my learnt friend to start

correcting the motion? The mover of the motion is here, let him tell us. And if the motion is not

properly put, let him take it back and bring when corrected.

Hon. Terry: Thank you Mr. Speaker Sir. Mr. Speaker Sir, when I look at this motion, we have

two things. The Security and the Saving. Is the mover talking of security or saving? Or is it the

Office of Clerk that made a mistake?

Hon. Kemei: Mr. Speaker Sir, let me clarify there.

Hon. Nelima: (Point of information) The Hon. Kemei is not the mover, why does he want to

clarify?

Hon. Kutitila: Mr. Speaker Sir, I don’t know which sentence they are reading. Look at last

sentence, This Assembly urges the County Government to develop guidelines or regulations

requiring all Boda Boda operators to register with SACCOS for identification of Motor Cycle

which will reduce the dynamics in the Transport and security sector. Mr. Speaker, this statement

is self explanatory. Mr. Speaker, when you look at this Boda Boda riders, they are at risk.



Speaker: You are out of order Hon. Kutitila. Hon. Osiako was on the floor, he has not finished

his contribution unless any Honorable Member stands for point order or point clarification, then

we get back to him.

Hon. Nyarango: Mr. Speaker, there is nothing like giving clarification. This is the motion

brought in the House, now the House is either reject it or pass it.

Hon. Sakong: (Point of information) Mr. Speaker Sir, I want to inform the House that the Hon.

Osiako who was contributing was sleeping.

Speaker: Hon. Sakong, you are using unparliamentarily language. The Hon. cannot sleep, he

was resting his eyes. Can you apologize for that?

Hon. Sakong: I apologize Mr. Speaker. Hon. Osiako was resting the eyes. Mr. Speaker Sir, as he

wake up, he did not tell us his nature on the motion, whether he support or oppose the motion.

He started telling us the accident, walking at night and so other stories.

Speaker: Before Hon. Osiako continues, let me give direction. Honorable House, this motion is

the property of the House. Is either we pass or we reject.

Hon. Osiako: Thank you Mr. Speaker Sir. Mr. Speaker, I am not wrong to give my views

concerning the motion whether using stories or going straight to points. But I am supporting the

motion.

Hon. Nyarango: Thank you Mr. Speaker Sir. Mr. Speaker, I don’t support the motion because of

certain issues being overlooked. Mr. Speaker, we need to be told what SACCO means. As per

my understanding, SACCO is abbreviated term, which means Savings, Accounts Cooperatives.

These are SACCOs that deals with people who saves money and give credits. There is nothing

with security. The issue of security should be left to police but not SACCOs. SACCOSs are for

people who want to do business. Mr. Speaker, I would want to know, where we will paint a

motorcycle to Identify that this is from that SACCO and not that SACCO if this motion pass. It

is impossible; Mr. Speaker, you see this is a very noble idea but cannot apply here. I want also to

say that we have been passing many motions in this House. Some motion which are fine than this



but nothing has been implemented. Kindly note that as we started passing motion, nothing had

been done. Is like, we are wasting our time. The Office of Clerk has failed us on Implementation;

it has not told us how many motions have been implemented. The Executive have been only

implementing the Budget. Thank you but I don’t support the motion.

Hon. Omondi: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to oppose this motion because

when I read the second last statement; “Noting that some criminal use motor cycles to commit

crime and flee from crime scene.” That one is not related with SACCOs. Look at the last

paragraph; “This Assembly urges the County Government to develop guidelines or regulations

requiring all Boda Boda operators to register with SACCOS for identification of Motor Cycle

which will reduce the dynamics in the Transport and security sector.” This is not even related

with security. Therefore, the motion is not taking us anywhere. This motion is not talking about

Boda Boda security. If somebody runs away with your Boda Boda, how will it relate with

SACCOs? Or how will SACCOs help you to get your Boda Boda? I reject Mr. Speaker.

Hon. Mutuli: Thank you Mr. Speaker Sir. Mr. Speaker, I want to say that this motion is

contradicting. If we talk about SACCOs, it rings in the mind of people about money but not

security. SACCOs means selling Credits. So, this motion be taken back to be reframed.

Hon. Sakong: Thank you Mr. Speaker Sir. Mr. Speaker, I raise to support the motion the way it

is. Mr. Speaker, I have learnt that there are sentences in English which have more than one

meaning depending on how you understand them. Mr. Speaker, when you look at these

sentences. “Aware that sufficient security and effective transport system have a significant

contribution of the economy of our County, Further ware that Boda Boda transport has expedited

of transportation in Kenya and more importantly in our County. Concerned that the use of

motorcycle within Kitale town has contributed to the increase in road accidents, traffic snarl ups

and crimes”. Mr. Speaker, I want to explain how SACCOs reduces accidents and crimes. As

some Matatus, SACCO for Matatu allows there Matatus to appear at day time and do regulates

them at night. It will also apply to Boda Boda. The SACCOs will give the Boda Boda the

number plates so that if a Boda Boda risks to carry you at night and a crime happen to you, you

go to its SACCO and it will be easy to get it.



(Interruption)

Mr. Speaker, Hon. Nelima is always ready to stand for the point of Order and she doesn’t quote

that point of Order. If she wants to stand, let her quote the point of Order. And I don’t want to be

informed. Mr. Speaker, I was saying, I didn’t expect that Hon. Mutuli who has been teaching

English in School don’t know the meanings of these sentences. I also I want to correct Hon.

Nyarango for saying that the Office of Clerk has not been giving this House the Implementation

motion. It is the Executive to implement but not the Office of Clerk.

Hon. Kisaka: Thank you Mr. Speaker Sir, I stand categorically to oppose this motion. And Hon.

Sakong is using the command of English to mislead the House. SACCOs are for saving and

giving Credits but not Security. Mr. Speaker Sir, to identify a motorcycle, there is number plates.

If you say that SACCO s will help, how? Ether the mover of this motion was given to own.

Hon. Milimo: Thank Mr. Speaker Sir, I would like to thank my colleague here Hon. Kisaka to

clarify on the issue of English. I want to tell my brother Hon. Sakong that looking at this motion,

there no complicated Engilish. In fact the English used here is the simple one. He is the one who

is confused. SACCO deals with Money, and for people to come up with SACCOs, we don’t need

to tell them to register. If you spot a motorcycle committing a crime and highjack it, and then we

intend to Judge, surely whom will we judge? Is the SACCO or the Rider? Matatus are in

SACCO, how many people also use Matatu to commit a crime? And do we intend to follow a

driver or a SACCO? I thought that the mover walked on the road and picked this idea from

pedestrian. I cannot support this motion because Mr. Speaker, if this motion passes, how will we

implement it. I therefore stand to reject the motion because it cannot be implemented.

Hon. Yator: Thank you once more Mr. Speaker. Mr. Speaker, I have come to realize that the

motion had two different things at ago. It is the role of this House to reject or pass it. But Mr.

Speaker, I had a good intension. I don’t think it is good for the Honorable to pick a motion on

road. I urge Mr. Speaker that the Honorable Member to withdraw that statement and apologize.

Hon. Milimo: Mr. Speaker, I stand to withdraw that statement and I apologize.



Hon. Yator: Mr. Speaker, with me, I urge the House to pass this motion and support it. You can

now put a vote Mr. Speaker Sir.

Speaker: Thank you Hon. Yator. Honorable members, hope the motion has debated adequately,

I now put a question.

Will as many as of the similar opinion that this Assembly urges the County Government to

develop guidelines or regulations requiring all Boda Boda operators to register with SACCOS

for identification of Motor Cycle which will reduce the dynamics in the Transport and security

sector say Ay?


The Nays have it


MOTION

Equipping County Health Facilities by Hon. Were

Speaker: Honorable Members, we have a motion to be tabled by Hon. Were but the he is not

around. I therefore refer it to House Business for another time allocation because the mover is

not around.


Honorable Speaker, there is no other business on the Order Paper.

Speaker: Having no other Business to discuss, I therefore adjourn the House until 4 th

Wednesday in the morning

(Adjournment)




PLENARY SESSION

4TH MAY 2016

WEDNESDAY MORNING SESSION

(Hon. Kuru in Chair)

(Prayers)

Speaker: Clerk, First Item on the Order Paper?


Speaker: Hon. Members, welcome to this morning session. As a reminder you should always

walk around with documents on our trip to Rwanda. If you don’t have, you can consult Mr.

Musando. For elected members, you are requested to hand over ward expenditures for the May

June 2015.


MOTIONS

Allocation of business spaces for persons with disabilities by Hon. Laban Wanyonyi.

Speaker: We have the motion on Allocation of business spaces for persons with disabilities by

Hon. Laban Wanyonyi

Hon. Maling’a: As always the Speaker is assumed to be blind. Mr. Speaker sir, we have no

quorum and our deliberations will be un procedural if we continue with the debate.



Speaker: Can the clerk confirm if we have no quorum?

Mr. Speaker, we have no quorum.

Speaker: Let the bell be rang for ten minutes. In the process, we remain seated (Afterwards) Can

the speaker confirm whether ten minutes are over?

Mr. Speaker, we still have two minutes and there is no quorum but we can continue.

Speaker: We have not raised the quorum, we may have quorum within the two minutes. Clerk,

how many members to we need to meet quorum?

Clerk: We are less by one.

Speaker: May be before I adjourn the house for lack of quorum, Hon. Kutitila want to say

something?

Hon. Kutitila: Ia m not on a point of order Mr. Speaker. My request is that we can continue

because of the urgency of the matter. We can start and continue.

Speaker: I over rule that in accordance with SO 13. We shall be out of order if we continue.

What is it majority leader, I can see you are standing up?

Hon. Weswa: Mr. Speaker Sir, I think we can allow for five minutes

(Hon. Angeline Too walks in)

I think we now have the quorum

Applause)

Speaker: Clerk, the first item on the Order Paper?



Motion on allocation of business for persons with disabilities by Hon. Laban Wanyonyi

Speaker: Can the clerk confirm if the said member is in the House of if he had any

communication.

Mr. Speaker, we have no communication and the member is not present.

Speaker: Honorable House, the motion is dropped and referred to the House Business

Committee for time re-allocation.


MOTION

Erection of bumps along Lions Road by Hon. Simon Toroitich.

Hon. Torotich: Mr. Speaker, I beg to the motion on Erection of Bumps Along Lions

Road. Mr. Speaker,

Mr. Speaker Sir,

AWARE that so many accidents happen along lions Road (between Kitale district junction and

the Aturkan Hotel junction) causing deaths and injuries almost on a weekly basis.

FURTHER AWARE that the stretch is straight, narrow and with heavy traffic especially in the

mornings and evening.

FURTHER AWARE THAT is a highway and falls within the mandate of the national

government.



DEEPLY CONCERNED that it is our people, our friends, families, neighbors, our business

people who die on these roads as we watch and do nothing it is the people we know and interact

with on a daily basis that perish on this road.

By resolution of this house, the county government to immediately erect bumps on this road and

also Mark it as a black spot to caution and prevent further accidents on the road.’’

Mr. Speaker, the road has become a deathbed to many users not only for Trans – Nzoia residents

but the neighboring counties like West Pokot , ELgeyo Marakwet, Uasin Gishu, Turkana and

also Southern Sudan. The road is a threat and a nightmare to our electorate who are mentally

suffering daily. God forbid, Mr. Speaker, tomorrow it might be you or me. We have lost our dear

ones and property altogether. I understand the matter falls under the National Government but

we cannot sit and watch our people and property destroyed. I remember the member for Bidii

brought a similar motion and we differed because of the same reason. Since then five lives have

been lost there. The County Governments put up toilets in school and issue bursaries and yet this

falls under the National Government. We can’t wait to suffer more. The same can be done and

bumps put up. It affects all of us. It is the cheapest and easiest way to save our lives. One of

Scholar Albert said will not live to see destruction while we die but do nothing to see others’

lives saved.

Hon. Kutitila: Thank you Mr. Speaker. I support the motion and that is why I was opposed to the

adjournment. God knows, that is why Hon. Angeline Too walked in to form the quorum.

Recently a lady and a cyclist died there. We can’t sit and watch. We can assist where necessary.

In my Sikhendu Ward, people used to die near the bus park. We put temporal bumps. (Laud

consolations’) Mr. Speaker, there is a lot of noise.

Speaker: It is noted. You can consult lowly.



Hon. Kutitila: The community just woke up one day and put temporary pumps before the

highway authority came up with permanent ones. As a county we can do that and expand the

road. After this motion has passed, we can expand the road and put up pumps now that we have

our own machines. We should safeguard the lives of our people and travelers I support the

motion.

Hon. Angeline: Thank you Mr. Speaker for giving me opportunity to also contribute. I am sorry

for coming late although I saved the situation for the quorum. It is a good motion. As a user of

the road to my home, there is need to expand the road to curb the accidents and congestion of

motorbikes. The two governments can co-ordinate and collaborate in putting up bumps on the

road. I remember the motion by Hon. Bernadine Omondi of requesting the cutting of dangerous

tree on the road. The Executive has done nothing. It seems anything important we pass in this

House is not implemented. The protruding trees are posing a danger to our people. Something

must be done. Many motions could have been turned into Bills if they had been implemented. At

the ward level, people think we are not working. This one should be taken seriously. For how

long are going to cry?

Hon. Nangekhe: Thank you Mr. Speaker, I rise to support. Roads fall under the planning

Committee and the mover is the MCA of the area. Sometimes when am being driven along the

road, I have to alight because of fear. We have to emulate Hon. Kutitila and take action. A boy

died there and he was forgotten. Who will protect our people; only God and we know? We must

take a different way. The mover has the mandate to call us together with the media so as we can

put up the bumps. If that is the way, let it be. How many motions have we passed here? The

secret is for us to go to Sikhendu way.

Hon. Osiako: Thank you Mr. Speaker sir, I support the motion. In my ward, I have lost not less

than three people. The old man who sired our Governor died there. A girl also died there. I

support Hon. Angeline that we erect the bumps ourselves. We have power saws. We will also do

the same to the dangerous felling trees.



Hon. Munene: Asante sana Bwana Spika. Mimi mwenyewe nilipoteza mpiga kura wangu hapo

na wabunge wengi hutumia barabara hii. Tutapata njia mwafaka kwa ushirikiano. Kule kwetu

Kachibora tulifanya hivyo na Mbunge wa Cherangany akahidi kutuunga mkono. Mpaka wa leo

hajafanya hivyo. Njia pekee ni twende pale na tushirikiane.

Hon. Toroitich: Mr. Speaker, I lack the words to express my gratitude to members who have

knowledgably contributed to this enormous motion. In life you have three stages – one is when

you are born, two is when you make the right decision and three is when you make the right

decision for the lives of other people. Today, I thank you for doing that as I believe the motion

will sail through.

Speaker: Honorable members, a now put a question for vote.

Will as many as of the similar opinion that the county government to immediately erect bumps

on this road and also Mark it as a black spot to caution and prevent further accidents on the road

say Ay?

Will as many as of contrary opinion say Ney?

I direct that the chairs of Transport and Implementation tracks up the motion and reports to this

House the progress.

Next Item on the Order Paper?

Mr. Speaker Sir, there is no other item on Order Paper.

Hon. Weswa: Mr. Speaker, we have many issues including the issuing of bursaries now that the

Chase Bank has been re-opened. We also have the issue of the Rwanda trip where the senate



committee wants an update. I move that we adjourn up next Tuesday at 2.30 PM. I ask the

minority leader to second me.

Hon. Kemei: I stand to second because of the many activities before us.

Speaker: The motion of adjournment has been made and seconded in accordance with SO 49

that the adjournment is made without notice. I call for brief comments

Hon. Munene: Asante Bwana Spika kwa fursa hii . Ni wakati sasa wa kuwafanyia kazi watu

wetu wa Trans- Nzoia. Tunataka kuwasaidia vijana na wamama ili iwe afueni kwa wazazi

kulipa karo za shule.

Hon. Angeline: Mr. Speaker, I support the adjournment. For me, am supposed to be in the ward

issuing out bursaries. We may not even have quorums if we have to serve two masters at ago.

Even now my mind is elsewhere. I was not in the house yesterday and I don’t know if the budget

proposals were brought in.

Hon. Nangekhe: I support the adjournment. There is communication breakdown and I blame

your office. I stayed away knowing the House was on recess and even the Hansard can prove it.

For the Rwanda issue, let the welfare Committee do its work. We may not have the Rwanda trip

documents. The Leader of Majority should protect the House.

Hon. Mutuli: Thank you Mr. Speaker. First, I must say thank you for the adjournment. In the

education department, there was confusion on the distribution of bursary cheques. For the

gender, the Executive used dubious means of disbursement of the cheques which could have

been given out immediately at the ward levels.

Hon. Yator: Thank you. I support the adjournment. The House is supposed to be on recess. Our

mandate is threefold- representation, legislation and oversight. I want to adjourn the House.



(Loud consultations)

Mr. Speaker, protect me.

Speaker: I will protect you but you have no mandate to adjourn the House.

(Laughed)

Hon. Munene: (Pointing at broken chair seated on by Hon. Philip Sakong)

Kuna Mambo hapa. Hivi viketi kila siku vinavunjika. Pengine Mheshimiwa. Sakong aliyetoka

nje ameuumia.

Speaker: Noted. The Clerk’s office will take care

Hon. Omondi: I stand to support the adjournment but I thought after the tabling of the budget

estimates we were to go for long recess and yet the majority leader is telling us to come back

next Tuesday.

Speaker: Hon. Members, I can now put a vote.

Will as many as of the similar opinion that the House go for a temporary adjournment because of

the activities that are a head say Ay?

Will as many as of the contrary opinion say Ney?

The Ays have it.

Honorable Members, the house stands adjourned until Tuesday 10 May at 2.30 Pm

(Adjournment)




10TH MAY 2016

TUESDAY (AFTERNOON SESSION)

(HON. SPEAKER IN CHAIR)

(PRAYERS)


COMMUNICATION FROM CHAIR.

Speaker: Honorable Members, I have some communication to make. First, as I tried to

communicate with House Business Members Committee today, I met CRA( County Revenue

Allocation) at Utalii to harmonize the budget of our Assembly and the budget was successful.

So we are likely to plan well in our next Financial Year. Secondly, I have been given a timetable

of Bills deliberation when we adjourn for recess. We will have the meetings with the sectorial

committees that have bills. Third, in respect to the budget, we also have sectorial committee to

discuss. Once the Budget has been tabled, the sectorial committees need to go through it.

Honorable Members, what came out when I was in Utalii college was very clear that this money

should be used strictly for the functions of the Assembly. Forth, Honorable Members, however,

as you know, for almost the last three years, salary has been paid by the Executive and Credit

money is with them. So I request you to support me to push so that we can have that credit.

Lastly am requesting those members who have not signed the court of conduct to come to my

office to sign.

1. Hon. Philip Sakong

2. Hon. Edward Kitur

3. Hon. Rose Maling’a

4. Hon. Mathews Nyarango

Immediately, when we finish, let them accompany me to fill those forms.




PAPERS

County Government Budget implementation Review Report First Half FY 2016 by Hon.

Alfred Weswa.

Hon. Weswa: Thank Mr. Speaker Sir. Mr. Speaker, I want to table the report of County

Government Budget Implementation Review Report First Half FY 2016.

(Tables)

Speaker: Honorable Members, before me I have a report of County Government Budget

implementation Review Report First Half FY 2016 tabled by The Majority Leader Hon. Alfred

Weswa which I hereby refer to the committee of Budget & Appropriation. However, I want to

add something. I state categorically that this report touches on use of finance and I have been

sending many items to this committee. As you know, this House performs through committees. It

is only the committee that report to this House after completing their tasks given. I am urging the

said committees to make an effort to bring back the reports. I also urge Hon. Kitur, the

Chairperson of PAIC Committee to bring reports tasked by this House. We were asked at the

senate, why the committee has not finished interrogating the report of the Executive and we were

unable to answer.


PAPERS

Progressive report of labor & social Committee on employment & welfare of workers in

ADC farms by Hon. Gilbert Kitiyo.

Hon. Kitiyo: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to table this Progressive report of

the welfare of workers in ADC farms.



PROGRESSIVE REPORT OF LABOUR & SOCIAL SERVICE COMMITTEE ON

EMPLOYMENT AND WELFARE OF WORKERS IN ADC FARMS

FORWARD

Mr. Speaker Sir,

This is the Progressive report of labour & Social Service Committee on Employment and

Workers Welfare in ADC Farms-(Japata, Chorlim, Sabwani, Chepchoina and Olingatongo) in

Trans Nzoia county Chepchoina, Endebess and Kapomboi Wards.

The committee held its sittings on 5th April 2016 and planned on arrangement to lay strategies

and the blue print on how to approach these employment and workers welfare issues in the ADC

farms

MANDATE

Mr. Speaker Sir,

The establishment of this Committee is guided by Standing Order 191 on Sectorial Committee

which gives the committee power to:-

1) All matters relating to labour, trade union relations.

2) Manpower or human resource planning

3) Gender, Culture and Social Welfare

4) Youth, National youth service and Children’s welfare

5) National Heritage, Betting, lotteries and sports

Mr. Speaker Sir,

Chapter 4 article 29 (c) of the constitution of Kenya 2010 states that:-

Every person has the right to freedom and security which includes the right

Not to be:-



a. Deprived of freedom arbitrarily of without just cause

b. Subjected to any form of violence from either public or private sources

c. Subjected to torture in any manner whether physical or psychological and articles (30) -

Slavery, Servitude and forced labour (a) a person shall not be required to perform forced

labour

Mr. Speaker Sir

Article Section 21 (1) and (3) of the constitution of Kenya 2010 states inter alia.

21 (a) it is the fundamental duty of the state and every state organ to observe, respect, protect,

promote and fulfill the rights and fundamental freedom in the bill of right

(3) All states organs and all public office have the duty to address the needs of vulnerable

groups within society, persons with disabilities, youths, person’s members of minority or

marginalized communities, and members of particular ethnic religious or cultural communities.

Mr. Speaker Sir,

The constitution of Kenya 2010 gives this House enough constitution powers to institute court

proceeding claiming that a right of fundamental freedom in the bill of right has denied, violated

or in fringed, or threatened.

The spirit of Authors of the constitutions of Kenya 2010 trickles down the County Government

Act by giving Assemblies and its Committees adequate powers to ensure all citizens to enjoy the

right of life with no human violation.

INTRODUCTION

With such glaring directions and complains brought in this House by the Area MCAs of the

alleged citizens over the employment status and harassments from their employer, my

committee felt that it is its duty to investigate, inquire into and report on this matters relating to

its mandates and make reports and recommendations to this Honorable House

COMMITTEE MEMBERS



Mr. Speaker Sir

The following are committee Members as it has been constituted by this House and who were

present during the exercise.

1. HON. GILBERT KITIYO CHAIRPERSON

2. HON. JANE TALAM VICE/CHAIR

3. HON. EDWARD KITUR MEMBER

4. HON. DAVID KISAKA MEMBER

5. HON. DAVID KABOLOMAN MEMBER

6. HON. MATHEWS NYARANGO MEMBER

7. HON. EVERLINE NELIMA MEMBER

8. HON. ANGELINE TOO MEMBER

9. HON. PATRICK KISIERO MEMBER

10. HON. EMMANUEL WASWA MEMBER

11. HON. JAPHETH WAMBALABA MEMBER

12. HON. MAGDALENE TUWEI MEMBER

13. HON. HILARY KEMEI MEMBER

14. HON. VICTOR OSIAKO MEMBER

15. HON. LABAN WANYONYI MEMBER

16. HON. MILKA SAIDI NANGEKHE MEMBER

17. HON. SAM B MUTULI MEMBER

18. HON. ELIZABETH BIRGEN MEMBER

19. HON. STEPHEN KURU MEMBER

20. HON. JOHN. LIKOVELE MEMBER

21. HON. SAMUEL YATOR MEMBER

SITTINGS

Mr. Speaker Sir,



The committee held its sittings in the Assembly Boardroom on 26th March 2016 and physically

visited these ADC farms on 8th April 2016 to collect the evidence with the following secretariat

Staffs:-

1. COLLETA KISIKA DEPUTY CLERK

2. ABRAHAM WALUBENGO SENIOR CLERK

3. JOSHUA KASEMBELI HANSARD REPORTER

4. ERICK OMONDI COMMITTEE CLERK

5. AUDREY WAFUBWA AG. COMMITTEE CLERK

6. EGLAH MAGOMA AG. COMMITTEE CLERK

7. BENTAH BOKOSE SERGEANT AT ARMS

8. ALPHINE KOITABA AG COMMITTEE CLERK

9. EVANS WANJALA DRIVER

FINDINGS/OBSERVATIONS

Mr. Speaker Sir,

Based on above task, the committee visited two ADC farm Chorlim and Japata farm as a sample

of the other ADC farms and came up with the following findings:-

1. Workers in the ADC Farms are not paid as with their agreements with their employers. In

Japata Farm, the last time they were paid was in last year September.

2. The workers are paid a minimum of Ksh 203 Shillings per day which is low and even this

salaries is converted to maize, they are given 6 tins of two kg per week which is charged

more than the market rate.

3. Workers in the ADC Farms work in harsh environment. During the time of cultivation,

and time of harvest, they are forced to wake up early at 5: 00 am to work on ADC farm

without protective clothes



4. The ADC Workers leave in pathetic environment, Mr. Speaker, if I can describe these

places to bring a vivid picture I can start by saying that “the place is a marvel of small,

heaped houses raised jauntily on groundsel and arranged on rows. There bath for men and

women are with perpetual stench of disinfectant pervading air. They don’t have latrines

or toilets; they go to a round bush. They are denied the right to construct the latrines in

those farms. Mr. Speaker, these people are denied

The Act of constitution 2010 article 42 which interlia:-every person has the right to leave

in a clean and healthy environment which include the right to

(a) Have the environment protected for the benefit environment of present and future

generation through legislative and other measures, particulars contemplated in

article 69 and to have obligations relating to the environment fulfilled under article

70.

5. The strength of article 33-(1) (a) freedom to seek, receive or impart information or ideas

is totally denied. The workers leaves in a threatened environment being intimidated

harassed by their employers. They are warned not to share their challenges and problems

to us, in fact when we were at the Japata administration, nobody talked to us until we

went to their homes and had opportunities to talk to them.

6. The workers have worked in the farms for more than 20 years and yet they are not

allowed to plant maize. They are only allowed to plant beans and vegetable on the small

farms.

7. The children are forced to go to work on the farms during school day, the committee

made a brown skinned girl, who told the committee that during harvesting time, they are

waken up at 5:00 am before going to school and taken to the farm with that bitter

weather.

8. No motivations are given to these workers apart from lunch of maize and spread beans

when they work for extra time.



9. The retired workers have not been given their pension dues. One old man who feared to

reveal his name told the committee that he has worked in ADC farm for more than 50

years and he retired in the year 2001, the ADC farm owed him more than Kshs. 100,000

shillings and up to now he doesn’t know where to go.

10. The ADC doesn’t bury their departed ones on their farm. The family will at least look for

the relative who has the land and go to bury them if not, they dumb the corpse in the

rivers.

11. Besides that, these farm don’t support the deceased family even in the time of funeral, for

instance, in Japata, the committee attended the funeral of retired elderly woman who had

died due to psychological torture, the body was laid on the floor of a round grass thatched

house, 5 fits in height with windows covered by old baskets. The deceased family told the

committee that their employer ( ADC Farm ) has contributed the food of 8 tins of two kg

as their support.

12. The managers of these ADC farms deliberately failed to meet the committee even after

receiving a notice through their regional managers’ office.

CONCLUSION

Mr. Speaker Sir,

Justice delayed is justice denied, every single day that this Assembly delays to accomplish the

recommendation of this report, will be denying these innocent citizens their right in

Chapter 4 article 29 (c) of the constitution of Kenya 2010 status that:-

Every person has the right to freedom and security which includes the right not to be :-

d. Deprived of freedom arbitrarily of without just cause

e. Subjected to any form of violence from either public or private sources

f. Subjected to torture in any manner whether physical or psychological and

Article (30) - Slavery, Servitude and forced labour

- (a) a person shall not be required to perform forced labour



RECOMMENDATIONS

Mr. Speaker Sir,

The committee strongly recommends that:-

1. The Managers of these ADC Farms with their regional Manager be summoned to appear

before this committee for further explanation.

2. Then the committee be facilitated to go and compile a full report on the above as soon as

it may be deemed fit by this Honorable House

Mr. Speaker Sir,

This progressive report has been compiled by the following committee members:-

1. HON. GILBERT KITIYO CHAIRPERSON -----------------------

2. HON. JANE TALAM VICE/ CHAIR ------------------------

3. HON. EDWARD KITUR MEMBER ---------------------------

4. HON. DAVID KISAKA MEMBER --------------------------

5. HON. DAVID KABOLOMAN MEMBER ------------------------

6. HON. MATHEWS NYARANGO MEMBER --------------------------

7. HON. EVERLINE NELIMA MEMBER --------------------------

8. HON. ANGELINE TOO MEMBER ---------------------------

9. HON. PATRICK KISIERO MEMBER ---------------------------

10. HON. EMMANUEL WASWA MEMBER ---------------------------

11. HON. JAPHETH WAMBALABA MEMBER ---------------------------

12. HON. MAGDALENE TUWEI MEMBER ---------------------------

13. HON. HILLARY KEMEI MEMBER ---------------------------

14. HON. VICTOR OSIAKO MEMBER ---------------------------

15. HON. LABAN WANYONYI MEMBER ---------------------------

16. HON. MILKA SAIDI NANGEKHE MEMBER ---------------------------



17. HON. SAM B MUTULI MEMBER ---------------------------

18. HON. ELIZABETH BIRGEN MEMBER ---------------------------

19. HON. STEPHEN KURU MEMBER ---------------------------

20. HON. JOHN. LIKOVELE MEMBER --------------------------

21. HON. SAMUEL YATOR MEMBER ------------------------

22. HON. GEORGE MASIKA AREA MCA ------------------------

Thank Mr. Speaker; I call Hon. Jane Talam to second.

Hon. Talam: Thank you Mr. Speaker, I stand to second the report.

Speaker: Thank the Hon. for Kinyoro for this Wonderful report and Hon. Talam for seconding.

From the way, I see it is a progressive report, can I give you a go ahead that you complete the

report. You go further to give a full report.


PAPERS

Report by the planning, Trade and Tourism Committee on population steady increase

within Kitale Town by Hon. Andrew Kutitila.

Hon. Kutitila: Thank you Mr. Speaker. Mr. Speaker, I stand to table the report on population

steady increase within Kitale Town.

REPORT BY PLANNING, TRADE AND TOURISM COMMITTEE ON POPULATION

STEADY INCREASE WITHIN KITALE TOWN

INTRODUCTION

Mr. Speaker Sir; the members of my committee are as follows;

1. Hon. Andrew Kutitila…………………………….……Chair

2. Hon. Teresa Masibo………………………..................Vice Chair

3. Hon. Angeline Too…………………..............................Member



4. Hon. Kaboloman………………………………………Member

5. Hon. Edward Kitur…………………………..............Member

6. Hon. Francis Were……………………………………Member

7. Hon. George Masika……………………………….…Member

8. Hon. Joel Milimo………………………………………Member

9. Hon. Mathews Nyarango……………………………..Member

10. Hon Patrick Kisiero…………………………...............Member

11. Hon. Samuel Yator……………………………………..Member

12. Hon. Simon Makhanu……………….………………...Member

13. Hon. Stephen Kuru………………………..…………...Member

14. Hon. Victor Osiako…………………………………….Member

15. Hon. Hillary Kemei……………………………………..Member

16. Hon. Alfred Weswa…………………………………....Member

17. Hon. David Kisaka…………………..………………....Member

18. Hon. Naomi Okul………………………………...……..Member

19. Hon. Farid Mohammed……………………………..…..Member

20. Hon. Japheth Wambalamba…………………………….Member

21. Hon. Betty Chemtai………………………………………Member

The Secretariat:

MOSES WANYONYI…………………………...A/G COMMITTEE CLERK

VALERIE KISAKA……………………………..COMMTTEE CLERK

ABRAHAM WALUBENGO…………………….SENIOR CLERK



Mandate of my committee

The planning committee deals with all matters related to county planning and development

including statistics ,land survey, and mapping ,boundaries and fencing ,housing and electricity

and gas reticulation and energy regulation; trade development and regulation, including markets

,trade licenses (excluding regulation of professions),fair trading practices ,local tourism and co-

operative societies.

Findings of the committee

Mr. Speaker Sir, pursuant to your ruling dated 6th May 2015, in regard to population steady

increase in Kitale town, that the planning committee is required to give a report back to the

house. I would like to state as follows;

The following are the findings of the report;

There is a lot of congestion in Kitale town which cannot be sustained

Due to increase in population in Kitale town there is need to restructure the town in order to

meet the emerging settlement needs and also the county government needs to come up with a

development and expansion plan that will cater for the changing needs of the town.

.It was also noted that there is a lot of land in Kitale town that is being underutilized, such

landside laying fallow yet it could be used for the town`s expansion.

There is land that has been grabbed by individuals such as railway, agriculture and prison

lands and there are even title deeds to show possession

Recommendations

Mr. Speaker Sir, the following are the recommendations that my committee came up with:

That the municipal market be demolished and a storey building need to be put in place to

control the steady increase in population.

That there should be measures put in place to control the ownership of land in the central

business district in Kitale town.



That a bill will be brought to the house to enable the county government of Trans-Nzoia

to reclaim land that has been grabbed, so that it can be used for the town`s expansion.

The C.E.C Lands needs to liase with the national government to give proper procedures

on how to reclaim grabbed land.

Conclusion

Mr. Speaker Sir,

My committee concluded that the C.E.C Economic planning should present to the committee a

town development/expansion plan, for analysis.

Thank you.

Planning Committee.

Mr. Speaker Sir, this is the report on motion on steady Increase in Kitale town. I beg to table.

(Tables)

Speaker: Thank you Hon. Kutitila. Can you appoint somebody from your committee to second?

Hon. Kutitila: Mr. Speaker, I request my Vice Chair Hon. Terry Masibo to second.

Hon. Masibo: Thank you Mr. Speaker, I stand to second the report as it has been read by My

Chairman.

Speaker: Honorable Members, with me I have the report on population steady increase within

Kitale Town by the Hon. For Sikhendu and seconded by Hon. Terry the vice.

Hon. Kutitila: Mr. Speaker, I wanted to elaborate something on this report. There is a lot of

land which has been grabbed, .that is why we want a bill to help us controlling these grabbed

land. Secondly, we have the railway land which is just idle. They are just keeping the land for

nothing. Mr. Speaker, if this county comes up with a good policy, we can expand our town.

Speaker: Thank you Hon. for Sikhendu. The report is now free to debate.

(3 minutes passed without contribution)



Hon. Milimo: Thank you Mr. Speaker, I first stand to agree that this is a true report of my

committee. I am part of the report and maybe I want other members who are not of this

committee to say something.

(Another 3 minutes passed without a contribution)

Speaker: Honorable members, you know this is a very tangible area and I would like the report

to be postponed and distribute to the members to exhaustively digest it before we debate. Hon.

Farid unless you want to say something.

Hon. Farid: Yes Mr. Speaker I want to agree with your directions that the report be postponed

so that when we come back, we deliberate on Jubilee angle of thinking.

Speaker: Honorable Members, I now postpone the report to be debated on the next sitting. All

members to have copies.


PAPERS

Report by the planning, Trade and Tourism Committee on the Land Grabbing at Yuya

Market Center by Hon. Andrew Kutitila.

Hon. Kutitila: Thank Mr. Speaker Sir and I pray that this report should not postpone like the

previous one. Mr. Speaker. I beg to read now the report the on the Land Grabbing at Yuya

Market Center.

REPORT OF PLANNING, TRADE, TOURISM AND CO-OPERATIVES COMMITTEE

ON THE LAND GRABBING AT YUYA MARKET CENTRE .

INTRODUCTION:-

Mr. Speaker Sir,



This is the report of Planning, Trade, Tourism and Co-Operatives Committee on issue of land

grabbing at Yuya market centre.

The committee sat and discussed the matter with the CEC Lands, Urban planning and Industry

and her Chief Officer on the 10th of March 2016.

Mr. Speaker Sir,

The following are the members of the committees as constituted by this Honorable House and

who were present:-

1. HON ANDREW KUTITILA……………CHAIRMAN

2. HON TERESA MASIBO………………V/CHAIR

3. HON DAVID KISAKA………………….MEMBER

4. HON JOEL MILIMO……………..……..MEMBER

5. HON PHILIP SAKONG…………………MEMBER

6. HON FARID MOHSEN.…………………MEMBER

7. HON BETTY KIPSONGOK……………MEMBER

8. HON.MATHEWS NYARANGO……….MEMBER

9. HON VICTOR OSIAKO...……………….MEMBER

10. HON BERNADINE OMONDI………….MEMBER

11. HON PATRICK KISIERO……………..MEMBER

12. HON SAM B.MUTULI……………… …CO-OPT MEMBER

13. HON SAMUEL K. YATOR…………….MEMBER

14. HON HILLARY KEMEI…………….…MEMBER

15. HON ALFRED WESWA…….……..….MEMBER

Mr. Speaker Sir,

The in-attendants were;

1. ELIZABETH NYONGESA………..C.E.C LANDS, HOUSING & URBAN

PLANNING



2. LINEKA N. BWILE………………C.O LANDS, HOUSING &URBAN PLANNING

Mr. Speaker Sir,

The secretariat staffs were;

1. JOSHUA KASEMBELI……………….HANSARD REPORTER

2. COLLETA KISIKA……………………D/CLERK

3. VALERIE KISAKA……………………..COMMITTEE CLERK

4. MATHEW WANYAMA……………....S.A.A

MANDATE OF THE COMMITTEE

The planning committee is one of the Sectoral Committees contemplated under Standing Oder

191 and is provided for under Second Schedule to the Standing Orders of the County Assembly.

This is the committee mandated to deal with, among other issues, All matters related to County

planning and development, including statistics, land survey and mapping, boundaries and fencing

housing and electricity and gas reticulation and energy regulation; trade development and

regulation, including markets, trade licenses (excluding regulation of professions). Fair trading,

practices, local tourism and cooperative societies.

Mr. Speaker Sir,

Following a ruling of this honorable house delivered on the 25thday of February 2016, on a

question presented by Hon .Sam Mutuli about the market land at Yuya that had been grabbed by

individuals, and the issue was further directed to the planning committee to seek answers from

the CEC Lands and give back a report to this house.

In regard to this, Mr. Speaker Sir, my committee invited the CEC of Lands and Urban Planning

together with her Chief Officer to give a response to the matter.



FINDINGS

Mr. .Speaker Sir,

The CEC Lands and Urban planning Mrs. Elizabeth Nyongesa explained that Yuya is a

cooperative farm, it measures about one acre ,she was aware that the said land had been

encroached and she had ascertained that herself because she had been on the ground. She also

stated that her office had carried out investigations and found out that;

People who had encroached on the market land and had bought the said land without

knowing that it belonged to Yuya market.

The victims possessed valid agreements that show that the land had been sold to them by

the cooperatives officials and stamped by the provincial administration.

She also stated that the National Land Commission is the one that is mandated to recover

lost land, or land that has been grabbed .Cases of Land like those of ,Agriculture

,Prisons, ADC have all been forwarded to the National Land commission for them to

work on repossession.

The C.E.C also said that through her office, they had put an advert in the papers

requesting Trans-Nzoia county residents who own or posses any kind of property to

present to the office their allotment letters and title deeds, to enable them to keep a

record.

The chief officer in her oral submission stated as follows;

That this matter (Yuya market centre) had been received and taken up last year -2015 and

investigations had been ongoing. They had been on the ground on Tuesday date

01/03/15.where they were able to meet the victims who furnished them with more details.

That their office confirmed that indeed plot number 148 belonged to the government

therefore it was a public utility.

There were five homesteads that had been erected on part of the property.

During their interaction with the victims they informed the victims that the land they had

been sold to belonged to the government and that they would be evicted.



The victims were also assured that the officials who sold that land to them would be

prosecuted in court and compelled to compensate the victims.

That the only way they could help the victims is for them to willingly vacate the land, in

order for the county government to repossess it .Then later on when they re-plan they

may reconsider them.

That they were planning to meet with the officials of the cooperative who are said to have

sold this land that belongs to the market.

RESOLUTIONS

Mr. Speaker Sir, my committee resolved as follows;

That there are several cases of land grabbing in Trans-Nzoia county apart from the Yuya

market centre

That leaders of this generation have failed their people by failing to protect their property

because they are the ones mandated by the government to represent their people, and

thereby protecting the interests of their people.

That the decision that the CEC of lands is going to take concerning Yuya market should

serve as an example to the whole of Trans-Nzoia county .And the same decision taken

should be for the benefit of the residents of Yuya and for future generations.

The CEC Lands should forward the letter written to the National Land Commission to the

committee so that the committee can keep a record and consequently summon the NLC in

cases where they have failed to act as expected.

CONCLUSION

Mr. Speaker Sir, my committee further concluded as follows;

That an eviction order be issued immediately to the people who have encroached on part

of the market land.

That the CEC presents to the committee a full forensic audit report on all public utilities

within Trans-Nzoia County within a period of one month.



Thank You.

Signature Designation

1. HON. ANDREW KUTITILA……………………………….CHAIR

2. TERESA MASIBO………………………............................VICE/CHAIR

3. HON. ANGELINE TOO…………………..........................MEMBER

4. HON. KABOLOMAN DAVID……………………………..MEMBER

5. HON.EDWARD KITUR……………………………….......MEMBER

6. HON.FRANCIS WERE…………………………………….MEMBER

7. HON.GEORGE MASIKA…………………………………..MEMBER

8. HON.JOEL MILIMO……………………………………….MEMBER

9. HON.MATHEWS NYARANGO…………………….........MEMBER

10. .HON PATRICK KISIERO………………………………..MEMBER

11. HON.SAMUEL YATOR…………………………….……..MEMBER

12. HON.SIMON MAKHANU……………….………………..MEMBER

13. HON.STEPHENE KURU………………………………….MEMBER

14. HON.VICTOR OSIAKO………………………….……...MEMBER

15. HON.HILLARY KEMEI………………………………….MEMBER

16. HON.ALFRED WESWA………………………..………..MEMBER

17. HON.DAVID KISAKA…………………..……………….MEMBER

18. HON.NAOMI OKUL……………………………………..MEMBER

19. HON.FAREED MOHAMMED………………………….MEMBER

20. HON. JAPHETH WAMBALAMBA…………………….MEMBER

21. HON.BETTY CHEMTAI………………………………..MEMBER

22. HON.PHILIP SAKONG………………………………….MEMBER

Mr. Speaker, I like to table.

(Tables)



Speaker: Thank you Hon. Kutitila for the report. Can you request one member from your

committee to second?

Hon. Kutitila: Mr. Speaker, I request Hon. Yator who is the member of my committee to

second.

Hon. Yator: Thank you Mr. Speaker Sir. Mr. Speaker, I stand to second the report as it has been

read by my Chair the Hon. Kutitila.

Speaker: Honorable Members, with me here is the Report by the planning, Trade and Tourism

Committee on the Land Grabbing at Yuya Market Center by Hon. Andrew Kutitila and seconded

by Hon. Yator. I direct that this report is similar with what we have tabled and it be given time

for members to digest it before it is debated.

Hon. Kutitila: Mr. Speaker, this report is urgent and I request with your due respect, let us

deliberate on it because the Executive are waiting.

Hon. Likovele: Thank you Mr. Speaker Sir, to my thinking, the issue is similar with the other.

We need to have time so that we know what to contribute. The issue of land in Trans Nzoia is

not a joke. So I concur with your ruling.

Hon. Mutuli: Thank you Mr. Speaker Sir. Mr. Speaker, this issue is an emergency. The Chair

has said that we have many issues of the similar but I want to say that this one is specifically for

Yuya. So I request that we deliberate on it. In fact there are facts here, which facts we need.

Hon. Kuru: Thank you Mr. Speaker Sir. First Mr. Speaker, I congratulate the work of the

committee. I also thank Hon. Mutuli for bringing such a question to this House so that we can

deliberate and give way forward. Mr. Speaker, this is just part of what is happening when we

come to issues of land. I feel that with your due respect; let us deliberate on this issue after

digesting it. I know Hon. Mutuli is helping all of us. I request that we be given time.

Hon. Kaboloman: Thank you Mr. Speaker Sir. I also thank Hon. Mutuli for bringing to us this

issue. Mr. Speaker, I am a member of this committee and this is one of the prayers of the

committee, the County Executive Committee for land presented to the committee a full forensic



Audit report on all public utilities within Trans Nzoia in a period of one month. Mr. Speaker,

since all of us have grabbed land in our various wards; I therefore request that we be given a

forensic Audit report. When you look at it, we have so many public land grabbed, why then start

with Yuya Farm? So I request that the County Executive Committee for lands to bring a forensic

Audit report on grabbed land first.

Hon. Birgen: Asante sana Bwana Spika, namshukuru sana mwenyekiti wa hii kamati kwa

kuandika hii ripoti. Pili namshukuru Mweshimiwa Mutuli kwa kuleta hoja hiii. Tunatoka na yeye

eneo moja na kwa hivyo najua sana kinacho endelea. Na ni hatia sana kufukuza watu wenye

wako na vyeti vya shamba hilo. Bwana Spika, naskia kwamba ni viongonzi ndio wamenyakuwa

shamba hilo. Niliskia wananchi wakisema ni mweshimiwa Mutuli ndiye aliyenyakuwa shamba

hilo. Sasa naomba nafasi uchunguzi ufanyike kwanza. Pengine mheshimiwa anaweza sisitisa

hapa kwamba tupitishe, tupitishe na kumbe ni yeye ndiye aliye nyakuwa.

Hon. Milimo: Thank you Mr. Speaker Sir, Mr. Speaker Sir, according to your early ruling, you

said that this issue carries a heavy weight. But to me, this is a very specific report. People have

grabbed the land of Yuya. I want to urge that the County Executive Committee had made their

effort on what they had done. It is the County Executive Committee for land to make a request to

the land commission on the issues of land. This County Executive Committee for lands wrote to

the Land Commission but had not received the responses. We need to come in and help to get the

responses. But if we say that we wait, I say that the statement of Hon. Kitiyo of Justice delayed is

justice denied will apply here.

Hon. Masibo: Thank you Mr. Speaker Sir, this issue is equivalent to the court judge, because

people are waiting for the resolutions, and you already made your ruling, I don’t know how you

will change.

Hon. Kisaka: Thank you Mr. Speaker. Mr. Speaker, the prayers are only two items.

1. That an eviction order be issued immediately to the people who have encroached on part

of the market land.



2. That County Executive Committee for planning presents to the committee a full forensic

audit report on all public utilities within Trans Nzoia County within a period of one

month.

I think it will be okay for us to approve the report as we wait the County Executive Committee

for planning to bring a forensic report.

Hon. Sikowo: Thank you Mr. Speaker Sir, I want to concur with Hon. Elizabeth that it is just

difficult to send out people when the land has been grabbed by the leaders. These are people who

are sitting on the land and they have the right documents from land commission. I request that

we need time to look deep into this report.

Speaker: Honorable Members, this is my ruling. Honorable House, this is a report presented in

this House by Hon. Kutitila. This report weighs a lot of matter. In the report, in the opening of

the findings, it says that the County Executive Committee for lands Hon. Elizabeth Nyongesa

told the committee that Yuya is a cooperative farm. Honorable House, as you know, a land

owned by Cooperative is a private land and a private land is not a public land. For me I come

from Sibutwa and Hon. Kitiyo and Hon. Kaboloman can bear witness that Sibutwa land was a

cooperative which means that it is a personal land. It means that if the person has encroached on

a private land, it means the land is not of the public. For you to complain, you have to be a

companied by a lawyer. Secondly, in the same report, the people who purchased land are

innocent. This people have the right documents to own that land. Thirdly, for the mandate of

land commission laws on land. We as the County, we only resort to county commission. The law

says that if you illegally get a public land, you go to jail for 10 years. If you come to the prayers;

1. That an eviction order be issued immediately to the people who have encroached on part

of the market land.

2. That County Executive Committee for planning presents to the committee a full forensic

audit report on all public utilities within Trans Nzoia County within a period of one

month.



These are two prayers but it carries the weight. The same report says that leaders have failed

us, and we are the leaders. So we need to defend our image. As Hon. Kisaka said that the

resolution are two, but look, they are two but they carry a lot of weight. So I would now

direct that the committee goes to get a forensic report from the Executive of lands. Honorable

members, as you know, your Speaker is the expert when it comes to the land issues and he

will remain to be an expert. You cannot defeat him.

Hon. Kutitila: Mr. Speaker, I want to say that I concur with you. You are very right. But Mr.

Speaker, according to commission land law, it states that even if it is a cooperative land, you

have to set aside for a public land. Like now, if Eldoret Express wants to sell his land there at

Kiungani, he should set aside at least one acre for market. As we said leaders have failed us,

they are the ones who sold this land to these innocent people when they know very well that

land belongs to the public.

Speaker: Hon. Kutitila, you are very right. The law allows to set aside land either for the

market or for the road depending on how much land you have. But here you said it is the

market land and it is the same C.E.C who said that it is a cooperative land.

Hon. Kaboloman: Mr. Speaker, your ruling is final. It is just enough, we don’t have to

debate. And when we do eviction, the eviction comes from the court. We need to have a

lawyer .let your ruling remain.

Speaker: Hon. Mutuli, give us time so that when we pass this, it has points.


Adjournment for recess by Hon. Alfred Weswa (Majority Leader)

Hon. Milimo: (Point of Order) Thank you Mr. Speaker, I have a notice to interrupt the

Business of the House under Article 40, paragraph 1, 2.and 3

(Reads)



Mr. Speaker, I have one issue. I wish to seek a leave to interrupt the Business of the House

that this House knows the irregularities in the ministry of Education. Mr. Speaker, it has

come to my notice that the teachers, the Caregivers we employed had not been paid for the 7

months. Second, the Chase Bank recovery checks are being refused by the schools and

institution and yet we launched on the disbursement of the bursaries. Third, there is

formation of new bursaries committee without the notice of the elected members and fourth,

the County Executive member for Education and ICT did not inform this House on building

of two modern twin classes. Mr. Speaker, I have been confirmed here by Hon. Kisaka that

this issue of salaries have been forwarded to the Bank and yesterday after holding a meeting

over this issue, some Honorable Members made phone calls telling the Executive that the

motion is going to be moved and I think from the fear, they have decide to send their salaries.

Mr. Speaker, there is a budget we tabled in this House and they have not respected that

budget. Therefore I request that we discuss this issue because it is urgent.

Speaker: Thank you Hon. Milimo. Under article 40

(Reads)

I hereby grant that in respect, the members deliberate on the debate. Any member is allowed

to talk for three minutes only.

Hon. Weswa: Thank you Mr. Speaker. Indeed Mr. Speaker, last week we sought to know the

clarification. The Chase Bank is not honoring the Cheques and as the Government, we

launched those checks officially. Kibabi University and Masinde Muliro University called

me and told me that they don’t honor those cheques. Mr. Speaker, we have to call the

County Executive Committee for Education to come and explain to us. On issues of

construction, we agreed to build 3 classes. But the CECs are constructing two twin

classrooms when we budgeted for 3 classes per school. Also coming on the issues of tutors,

we wanted to hire tutors within our County but they have not respected our wish. What is

inching us much is the CECs has gone ahead and wants to select the committee members of

bursaries in our wards without informing the House. If we don’t come up very strongly, we



will see our County Executives come up and damage our image. Our prayer is that we stop

bursary committee formation, we stop the construction of twin classrooms and the case of

Chase Bank be owned officially.

Hon. Farid: Thank you Mr. Speaker Sir. this Government has decided to do things in their

way. Last year we were using Eco Bank without these problems. I don’t know why they

changed to Chase Bank. Mr. Speaker, look at the classrooms, we budgeted for 3 classes but

now they are talking of two classrooms and they gave the project to House Co-Operative

finance. Look at these issues of bursaries; they don’t refer to the House. Why all this

diversity? I support this motion. Thank you.

Hon. Sakong: Thank you Mr. Speaker Sir. I support this motion. It is true the Ministry of

education has failed us. But Mr. Speaker, I want to tell this House that I have received

information from Chief Officer Hon. Meng’wa informing me that the cheques are going

through and I can confirm to you. I have the communication, give me 30 minutes from now,

or I make a call to Hon. Mengwa to confirm to you. With other three matters, like

constructions, our local contractors were allowed to construct at the cost of Ksh

700,000/=and now, they have given to I don’t know who?, Hon. Farid knows that term well,

or it is called House Co-Operative finance at 1.5 million. We rolled this issue to the bottom.

Where Mr. Speaker do we want our contractors go to? There are contractors who went at a

loss to make sure that they have a company. With issues of Early Childhood Education

Caregivers, I wonder Mr. Speaker, these Caregivers have been employed for the past 7

months without payment. If you go there, you will meet them begging you Ksh 10 shillings

for a cup of tea. We need to be given a feedback why all these delays. And if they are paid,

are they paid for the 7 months? Otherwise Mr. Speaker, I said that I am a leaner and I am still

learning and I don’t know how I can introduce this as an urgent matter to be discussed under

the Standing Order us Hon. Milimo has brought his issues. Mr. Speaker, the rain that is going

on is doing more damage especially in Matumbei Ward. Many bridges have been swept aside

and some children are now having difficulties to cross when they are going to school. This is

also a matter that we need to give it thought. Mr. Speaker. Thank you.



Speaker: Honorable House, I hope I ruled that Hon. Sakong is not a learner

The House :( Shouting) He is a slow leaner! Slow leaner.

(Laughter)

Hon. Kutitila: Thank you Mr. Speaker Sir. I think Hon. Sakong is a slow leaner. Mr. Speaker,

this Morning, the principal of St. Teresa called me and told me that the cheques are not being

honored. Even the manager of Kenya Commercial Bank has refused to Honor them. I don’t

know why only Matumbei cheques are being accepted? I also propose that we need to tell the

County Government to appoint another County Executive Committee member for Health and

leave Hon. Kogo in the ministry of Education. Hon. Kogo is equipped with Education but having

two ministries, is like a burden to him and that why he is not performing. On the issues of

Bursaries, I think Mr. Speaker, we need a good clarification because people on the ground don’t

Know Kogo, don’t know Mengwa and they don’t know the Governor. The only person they

know is the area MCA. Secondly, why do they punish these Caregivers for 7 months? The

government of Jubilee has failed us. These people, our Caregivers whom we employed are

suffering.

(Shouting)

Speaker: Order! Order! Order the House.

Hon. Were: Mr. Speaker, the Hon. for Sikhendu is misleading the House. The money to be paid

for ECDE Caregivers is from the Governor but not from Jubilee.

Hon. Kutitila: But Mr. Speaker, this Government is for the Jubilee. Jubilee is what is causing all

these problems all over the Country.

(Hon. Speaker Stands)

(Hon. Kutitila is still on the floor)



Speaker: Hon. for Sikhendu, you are out of Order, I don’t know where the issue of Jubilee is

coming from. Even your 3 minutes are over.

The House: (Shouting) Freeze! Freeze! Freeze Hon. Kutitila.

Hon. Too: Mr. Speaker, just to make my statement. This is the House of Procedure and rules.

Once the Speaker has stood up, you have to freeze. Secondly, Hon. Sakong has said that the

cheques are going through in his ward, why only his ward? I don’t know why the salary of

ECDE Care givers has delayed. This department of education is doing their own things without

informing us. In my ward, I heard my ward administrator communicating to my residents that on

Thursday they will hold an election without me being aware. We wonder why the County

Executive Committee for Education doesn’t acknowledge the responsibilities of this House.

Even though we amend the Law, in fact we are saying that we put up a parallel structure of what

is happening in our wards. It is so bitter Mr. Speaker. It means we are doing these things with

politeness and hence the Executive are taking advantage. The Governor needs to appoint another

County Executive Committee for Health and leave Hon. Kogo in the department of Education.

On the issue of constructions, I heard the Governor when we were in Aturkan communicating to

the people that he is going to engage House land Commission at a cheaper price. But now the

story has changed. We were told that it will be at cost of Ksh 500,000 and now it is 1.5 Million

and the tricky is that only to construct two classes in every ward. Mr. Speaker since 2013, they

have done nothing. We are now ending the term and still nothing has been done. This means, this

will still go to the next year and it will be a big challenge. In my ward, they have only

constructed 4 classes out of 22 classes that we had planned. They are just tricking us. Finally Mr.

Speaker, we were thinking that this job will be given to our local contractors so that they can also

benefit from the fruits of devolution. This department of education has let us down and

yesterday, we resolved in the meeting to stop everything. We have powers and we will.

Speaker: Do you mean you already made a resolution over this?

Hon. Too: Yes Mr. Speaker, yesterday the committee resolved that to stop any function

especially the election of Bursary election.



Speaker: Hon. Mutuli is that the resolution you made by your committee?

Hon. Mutuli: Mr. Speaker Sir, I want to start by saying that the issues that we were discussing

were a serious matter. We had a meeting where we co-opted all the elected members and indeed

we asked ourselves, why are they doing this without the notice of the House and why are they

coming up with these when we have remained only with 11 month. Even today, they were to

start at Chepsara but i called them to stop.

Speaker: Do you have the resolutions made by your Committee?

Hon. Mutuli: Yes Sir, I have the resolutions. Here they are.

Hon. Kaboloman: Mr. Speaker Sir, you asked a question. This House has a way of making

resolutions. I request that the Chair to let the resolutions come to this House now and we discuss.

Why do we discuss when the resolutions are in his pocket?

Hon. Kisaka: Mr. Speaker, I beg to differ with Hon. Kaboloman. The resolutions have not gone

through the House Business and are not on the Order Paper.

Hon. Kutitila: Mr. Speaker, we go with the resolutions of the House but not of the committee.

What we are discussing is what had emerged from Hon. Milimo submissions. If you request

Hon. Mutuli to read the resolution made, then we don’t need to discuss the emerging issues

brought by Hon, Milimo. We will be discussing their resolutions.

Speaker: Honorable members, first of all, on the last statement, you are out of Order Hon.

Kaboloman because, after debating I was going to direct to the committee of Early Childhood

Education Committee to bring the resolution . But because Hon. Mutuli, you already have

resolution, so I will direct Hon. Mutuli that after this discussion, you go and mix with the

resolution you have and bring to this House a very comprehensive report.

Hon. Too: Thank you Mr. Speaker; I want to finish by insisting that the Minister of education be

retained in Education and leave Health Ministry for somebody else.



Hon. Maling’a: Thank you Mr. Speaker at long last, your eyes has caught my hand. I want also

to thank you very much and the entire House for giving us support during the death of my

brother. Mr. Speaker, I want to begin by saying that when we employed the Caregivers, we set

aside the mount, almost 70 Million to pay them. It has been long overdue and no action has been

taken. It is so bad to see that you employ somebody and at end of the month he/she gets nothing.

These people are our brothers and sisters and they also have families to feed and other

responsibilities. So I am urging the minister concerned to pay these Caregivers immediately and

his ministry has failed us. On the issue of Cheques, I don’t know why the Hon. for Matumbei

said that his cheques are going through. For me I had a call that the cheques are not going

through. Mr. Speaker, what will we answer to the public? It is now our role to exercise our

mandate. I want to say that Trans Nzoia is very large and people outside are waiting to come in if

we are not working. So we need to sacrifice.

Hon. Kuru: Thank you Mr. Speaker Sir. Mr. whoever interrupted the House did a good job. Mr.

Speaker, we don’t have a clear understanding why the salary of Caregivers delayed. I met the

Chair of the Board and she told me that the issue was the mixing of the names. I thought they

were trying to complicate. Mr. Speaker, there is no reason why they could fail to pay the

Caregivers. The other issue is the Cheques; in fact we need to ask the County Executive

Committee for Education what is wrong with the cheques and if they are bouncing, what is the

next step. What are we going to do Honorable Speaker? We need to get the Governor himself

and tell us why the cheques are bouncing. Anybody telling this House that the cheques are going

through will be misleading the House.

Hon. Sakong: (Point of clarification) Mr. Speaker, I only wanted to share with the House the

massage I received and if you want, I can show the massage or I call the Chief Officer to explain.

I don’t know why the Honorable members are keeping on repeating my statement.

Hon. Kuru: Mr. Speaker, I was saying that we need a clear communication about these

Cheques. Next is about the committee of Bursaries. Mr. Speaker, we need to stop it. It is

something that we are not aware. Finally, on the issue of construction of classes, this is the issue



that we agreed to build three classes and they are now talking of two twin classroom. This will

not help Mr. Speaker. Can we have a clear statement from the Governor?

Speaker: Honorable Members, looking at the nature of the House, I may end up missing a

quorum. So I request Hon. Masika, Hon. Sikowo and Hon. Nelima to come and tell me what they

have in my Office. We have prepared for you tea in the upper Boardroom. Or let me give them

only one minute to say their names and say something small.

Hon. Sikowo: Thank you Mr. Speaker Sir. the reason why they transferred the money to Chase

bank was not good and the money was not transferred for good reasons. I know the reason

behind it and I will tell you what they wanted. Two, the Echo Bank only allowed receiving less

than one million. So Hon. for Matumbei might be right. Mr. Speaker, the Governor to be told

this that the money send to the central bank is not recognized. And the issue of electing

committee for bursaries be stopped immediately.

Hon. Nelima: Thank you Mr. Speaker. Mr. today we have been in the ward of Hon. Kutitila

carrying road inspections and the impressions we got from his people were not good. We were

told that it was Hon, Kutitila’s arrangements to elect the new committee bursaries but I tried to

explain to them the truth.

Hon. Masika: Thank you Mr. Speaker, surely Mr. Speaker, this has been an important task to

discuss. This is the department where the Early Childhood Education committee employed the

Caregivers but they have not been given their dues after working for 7 months. The department

has not constructed the 4 classes or 3 as they promised us. This department told us to identify 3

schools and for now it will be a question on why we have changed the classes. This has been a

good discussion. Thank you and God bless you.

Speaker: Honorable House, these are direction from the Chair. Today we have debated on

interruption brought by Hon. Milimo requesting on the 4 issues. I therefore request the

committee of Early Childhood Education to go and find out:-

a. Whether Chase Bank Cheques are honored and if not, what solution could be done?



b. Whether Nursery teachers have been paid for their 7 months and if not, what is needed ?

c. If ECDE Classrooms has been constructed as agreed in this House and if not, what could

be the necessary measures to be taken by the house ?

d. And why the Executive have decided to hold elections for the bursaries committees?

This should be compiled with Hansard Report and within 7 days the report be placed on my table

and I will call for a special sitting.

Next item on the Oder Paper?

Adjournment for recess by Hon. Weswa (Majority leader)

Hon. Weswa: Thank Mr. Speaker. Mr. Speaker, I want to move a motion on adjournment of the

recess. Mr. Speaker, according to the parliamentary calendar, we are supposed to be on a recess.

I beg that we adjourn the House for a recess. I call Hon. Sakong to second,\.

Hon. Sakong: Mr. Speaker, we have been on the heavy workloads and now it is good we

adjourn for a recess. I second the adjournment.

Speaker: Thank you Honorable members. I wish to thank you very much and we wish you also

that as we resolve, we résumé on 8th June. The house now stands adjourned.

(Adjournment)

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