NCA/120/11/2014 (2) NYANDARUA COUNTY ASSEMBLY DEBATES

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

1st ASSEMBLY-2nd SESSION

OFFICIAL (HANSARD) REPORT

12TH NOVEMBER 2014

The assembly met at the Assembly Chambers at 2: 30 PM

The Deputy Speaker, Hon. Wambugu King’ori on the chair

Prayer

Speaker:Let us proceed. First order.

Clerk: Administration of oath.

Speaker: Next order.

Clerk: Communication from the Chair.

Speaker: Before we proceed can the Clerk confirm whether there is quorum.

Clerk: Mr. Speaker Sir there is quorum.

Speaker:Hon. Members, I wish to communicate that due to the serious lapse that occured in the morning session because of the absence of clerks in the clerk’s table, the Chair adjourned the House to the next sitting, which is today Wednesday 12 November 2014 at 2.30 pm. I went further to seek clarification from the office of the Clerk on what happened and here with me is a letter from the office of the Clerk which I wish to read;

This is to inform the Hon.members that the serious lapse which occurred in the morning session where there was no Clerk to read the proceedings of the House was as a result of the Clerk not being able to arrive in good time for the session which starts at 9 am. This was as a result of a meeting which the Clerk had in her office earlier and therefore underestimated time which led to the delay. The table Clerks were not present because they are in Nairobi for a training on LegislativeDrafting.

This is highly regrettable and I am very remorseful for wasting members time and I want to assure the members that the same shall not be repeated in future. The Clerk bears all the responsibility and therefore I am very sorry to the House.

Hon. members the administrative offices of the Assembly are the office of the Speaker, the office of the Clerk and the office of the Sergeant-at-Armswhile the leadership of the House lies with The House Business Committee. Therefore I wish to communicate that for more investigations the House Business Committee shall meet after this session and more communication regarding the same matter will be given to the House later.Next order.

Clerk: Messages.

Speaker: Next order.

Clerk: Petitions.

Speaker: Next order.

Clerk: Papers.

Speaker: Hon. Members,pursuant tostanding order no. 40 (2),

Business of the House shall be disposed of in the sequence in which it appears in the order paper orin such other sequence as the Speaker may, for the convenience of the County Assembly,direct.

In your files you have two order papers: the original order paper and the supplementary order paper. I wish to direct that we shall start with the supplementary order paper and then proceed with the orginal order paper for this session.

Proceed.

Clerk: The first paper by Hon. Peter Maina Mwangi.

Speaker: Hon. Peter Maina Mwangi.

(Hon. Kariuki Muchiri rises on his behalf)

Hon. Kariuki Muchiri.

Hon. Muchiri: Thank you Mr. Speaker.I wish to lay on the table the benchmarking report on issues of security by the Justice, Legal Affairs and Public Service committee.

Speaker: Thank you Hon. Muchiri. I think you have laid the paper on behalf of the chairman of the Committee on Justice, Legal Affairs and Public Service.

Hon. Muchiri: I am a member of the Committee and therefore I am doing it on behalf of the chairman.

Speaker: Agreeable Hon. Kariuki Muchiri. Time for the notice of motion on the same paper will be allocated by the House Business Committee tomorrow.Next order.

Clerk: Second paper by Hon. Kamau Ngotho.

Speaker: Hon. Kamau Ngotho.

Hon. Kamau Ngotho: I wish to table the report of the committee on ICT and E-Government on ICT projects in the county.

Speaker: Notice of motion on the same paper will be allocated time by the House Business Committee.Next order.

Clerk: Notices of motion. There is a notice of motion by Hon. Kariuki Muchiri.

Speaker: Hon. Kariuki Muchiri.

Hon. Kariuki Muchiri:I beg to give notice of the following motion;

That this House does adopt the report on grabbed land and re-planning of Geta town by the committee on Lands, Housing and Physical Planning as a report of this House and the recommendations therein as resolutions of this House.

Thank you Mr. Speaker.

Speaker: Thank you Hon. Kariuki Muchiri.Next order.

Clerk: Statements.

Speaker: Next order.

Clerk: Motions and bills. There is a motion by Hon. Peter N. Kairu.

Speaker: Hon. Kairu.

(Hon. Beth Wahito rises rises on his behalf)

What is it Hon. Beth Wahito?

Hon. Beth Wahito: Mr. Speaker Sir I am going to read the report on behalf of the Chairman.

Speaker: Hon. Beth Wahito, this is a motion.

Hon. Beth Wahito: Mr. Speaker Sir I wish to seek leave on behalf of the Chairman of the Committee on Health Services because he is not in. I request that you allocate him time to move the motion next week.

Speaker: Hon. Beth Wahito, the House could only grant leave to the mover only if he had explained why he would not be in.

Hon. Beth Wahito: Mr. Speaker Sir the Chairman is in Nairobi with the PIC-PAC committee.

Speaker: Agreeable Hon. Beth Wahito. The concern of the House is whether there is no other member of that committee who can move that motion.

(Hon.Mwangi Gichuki rises)

Proceed Hon. Mwangi Gichuki.

Hon. Gichuki: The Chairman of the Committee on Health Services indicated that he really needed to be there to move the motion personally. That is why he delegated Hon. Beth Wahito to seek leave on his behalf so that he can move the motion himself. There is a specific input he would want to put across.

(Hon. Kamau Ngotho rises on a point of order)

Speaker: What is it Hon. Kamau Ngotho?

Hon. Kamau Ngotho: Mr. Speaker Sir I believe that this House is bigger than any individual. We would not be waiting for specific individuals to come and move motions. We have able vice chairs. What is the work of a vice chair? It is to stand in for the chair when the latter is not there.

In this case the vice chair is around. She should be able to move the motion. The Majority Leader is misleading this House because it means that for example if tomorrow I am not present as the Chairman of the Committee on ICT and e-Government, there would be no moving of my motion despite the Vice Chair beingpresent.

He should tell us what the Majority Party, The National Alliance (TNA), should do in case the chair of a certain committee is not there to move a motion. Does it mean that when the chair of a committee is not there to move a motion there would be no business in this House?

Hon. Gichuki: Point of order Mr. Speaker.

Speaker: Hon. Kamau Ngotho had risen on a point of order.

May be Hon. Mwangi Gichuki, the Leader of the Majority Party (TNA) , this matter needs to be clarified further because if achair who is the spokesman of a committe is not there to move a motion, other members of that committee have a role to stand in for the chair. We could not wait till the time the chair would be present in order for the motion to be moved. We cannot allow that.

(Hon. Kibebo rises)

Hon. Kibebo.

Hon. Kibebo: Thank you Mr. Speaker Sir for your guidance. All committees have a number of members. In every committee there is avice chair. If the chair of a committee is out on an official function, although we should be patient, the members of the committee who are present should be active in the Assembly so that motions are not left pending or postponed.

Speaker: For the sake of executing the mandate of this House, it is important that that be noted.Next order.

Clerk: Mr. Speaker Sir the supplementary order is exhausted. However,there is the order paper for today.First order: Administration of oath.

Speaker: Next order.

Clerk:Communication from the chair.

Speaker: Next order.

Clerk: Messages.

Speaker: Next order.

Clerk: Petitions.

Speaker: Next order.

Clerk: Papers; there is a paper by Hon. Peter Kairu.

Speaker: Hon. Peter Kairu.

(Hon. Beth Wahito rises on behalf of Hon. Peter Kairu)

Hon. Beth Wahito.

Hon. Beth Wahito: Mr. Speaker sir I rise to give the Progressive Report on the status of the Iko toilets in Nyandarua County by the committee on health services.

Mr. Speaker Sir, the Health Services Committee sought to investigate on the matter relating to the Iko-toilets project in Nyandarua County due to public outcry regarding the costs.

The Committee has visited several of those toilets to find out what was actually happening on the ground as per its mandate stipulated in the Standing Order 186.

Mr. Speaker Sir, the Committee is yet to complete its site visits and get a professional and expertise opinion regarding the projects.Therefore I seek to present this Progressive Report to the House before the Committee does a comprehensive report on the same.

Mr. Speaker Sir, the Iko-toilet concept was conceived to harmonize with the landscape and be a ‘miniature mall’ built to a standard design. The term ‘Iko-toilet’ is derived from ecological sanitation.

‘Iko’ is a Swahili word meaning‘existing’. Iko-toilet is a facility where the users pay a small fee to meet the operational and maintenance costs of the facilities.

Iko-toilets integrate other add-ons such as kiosks and shoe polish vendors depending on viability and context in order to ensure sustainability.

The founders conceptualized a unique urban intervention aimed at creating memory and link space and service, thus promoting interactions on the streets.

Within the designated space there would be toilets and warm showers; cold refreshments with snacks, shoe shinning services, airtime and newspaper vending.

The toilets aim to evolve to an image of convenience and quality service.

Iko-toilets are run according to high hygienic standards, sanitation hospitality and an ambiance of convenience.

Each Iko-toilet in a busy urban area serves an average of 1,000 persons per day at a cost of 5 shillings or 10 shillings for those which provide hot shower.

Vendors and market people have recounted the poor sanitary conditions of public toilets.This instead has forced them to use bushes along the roads and street alleys to relieve themselves.

The Iko-toilets help keep the environment clean and comfortable for all and they should ideally incorporate the following:

  • Low-flush toilets in both the ladies’ and gents’ toilets
  • Waterless urinals in gents’ toilets
  • Shower facilities
  • Water-saving taps
  • Dry toilet system - a facility for urine harvesting and water conservation
  • A free-of-charge toilet for the disabled
  • Tanks for rainwater harvesting
  • Sanitary bins
  • Full length mirror
  • Snack shop
  • Shoe shine vendor

We have striven to attain uniformity in the level of service in all the toilets.

Mr. Speaker Sir several toilets have been proposed for construction in Nyandarua County by the county government. They are to be located in the following areas:

  • Kasuku Market
  • Ndaragwa Market
  • Miharati Market
  • Captain Market
  • Njabini Market

The Committee has been able to visit the toilet located at Kasuku market in Weru ward and that one located at Captain Market in Kaimbaga ward.

The Committee has further been able to invite an officer from the Public Works department to give more insight regarding the bill of quantities and the contracting process.

Observations of the Committee; Mr. Speaker Sirfollowing the site visits to the toilets and the information gathered from the relevant departments, the committee observed the following:

  1. The construction of the toilet located in Kasuku market was started but then stopped because the site was on a road reserve and the client is to relocate it to a new site.
  2. The toilet located in Captain market is under construction and it is 90% complete. However, NEMA has since said that some of the pipes will dispense waste near the community and that is the main challenge facing that toilet.
  3. According to the office of the Public Works, construction of the toilets in Ndaragwa, Miharati and Njabini markets is on-going.
  4. The committee also noted that the cost of 4million shillings for the construction of each of the toilets was relatively high and did not give value for money.
  5. It was also observed that the land allocated for the construction of the toilets was not sufficient. Consequently, most of the toilets faced relocation challenges when construction had already started. The relocation wastes tax payers’ money.
  6. The only bill of quantity availed to the Committee was that of Kasuku toilet, yet the Committee had requested for the bills of quantities for all the toilets.
  7. Some of the toilets are located far from the target market and therefore cannot attract customers.

The Committee appreciates the support from both the office of the Speaker and the office of the Clerk. The Committee requests to be given more time to be able to visit the remaining toilets and also undertake a bench-marking exercise in other counties. This will help the Committee in effectively comparing the costs of constructing and managing the toilets and come up with a comprehensive report containing viable recommendations.

Thank you Mr. Speaker Sir.I wish to give the Progressive Report to the Clerk.

Speaker: Thank you Hon. Beth Wahito for reading theProgressive Report. When are you going to give this House the full report?

Hon. Beth Wahito: Mr. Speaker Sir I think we need to consult with the Chairperson on that issue.

Speaker:would you consult as a committee?

Hon. Beth Wahito: Yes we need to sit as a committee and organize on when we can visit the toilets in order to compile a full report. You can give us three weeks.

Speaker: After you consult as a committee you will communicate the date for bringing the report to the House Business Committee. Next order.

Clerk: Notices of motion; there is a notice of motion by Hon. Peter Maina Mwangi.

Speaker: Hon. Peter Maina Mwangi.

(Hon. Kariuki Muchiri rises on his behalf)

Yes Hon. Kariuki Muchiri.

Hon. Kariuki Muchiri: I am a member of this Committee and on behalf of my chairman I beg to give notice of the following motion;

That this House does adopt the report on benchmarking on security of county assembly and the members of the county assembly by the Committee on Justice Legal Affairs and Public Service as report of this House and the recommendations therein as resolutions of this House.

Thank you Mr. Speaker Sir.

Speaker: Thank you. The time for moving this motion shall be allocated by the House Business Committee. Next order.

Clerk: Statements

Speaker: Next order.

Clerk: Motions and bills; There is a motion by Hon. Kariuki Muchiri.

Speaker: The motion that was supposed to be given by Hon. Kariuki Muchiri has been overtaken by events. As provided in the supplementary order paper, the mover has already given notice of the motion. You cannot give notice of the motion and then move the motion during the same session, unless the mover seeks leave of the House to do the same. Hon. Kariuki Muchiri would you seek leave of the House?

Hon. Kariuki Muchiri: Mr. Speaker I am aware of that hick-up. I seek leave that I move the motion.

Speaker: Leave has been granted to you to move the motion.

Hon. Kariuki Muchiri:Thank you Mr. Speaker. My committee visited Geta trading centre in Geta ward on 23rd September this year in a fact-finding mission. On the issues of re-planning of the centre, we need to refer to the maps in the members’ files so that the members can be able to follow on the findings.

Let the members refer to the key which shows the land use;

0stands for residential

I stands for industrial

2 stands for educational

3 stands for recreational

4 stands for public purposes

5 stands forcommercial

6 stands forpublic utilities

7 stands fortransportation

This plan is dated 14th September 1976 which was approved by the Commissioner of Lands in 1978.

I would like us to start with the parking between block 4/8 and 4/9. I hope the members can see that parking. It is at the centre of that development plan and it is written ‘parking’.The Committee noted that half of the parking has permanent and semi permanent structures erected on it. Below that parking there is plot number 3/8 and 3/9 which is also written ‘parking’.

The finding was that on this plot that was earmarked for parking there are building stones, sand and ballast and there is a foundation for a building that was laid over ten years ago.There is block three which is plot no. 72 and I hope members can see block 3/4 which is just above the twoparkings that I have highlighted. We found that there are no structures erected on the open space and therefore that plot has not been grabbed.There is plot no. 91which is written on the development plan ‘open space’.