NANDI COUNTY ASSEMBLY 1 OFFICIAL REPORT Wednesday 11 th July, 2018 The House met at 2:30 pm [The Temporary Speaker (Hon Kipkurui Chepkwony) in the Chair] PRAYER QUORUM Hon. Temporary Speaker (Kipkurui Chepkwony): Clerk, confirm if we have sufficient quorum. (The Clerk confirmed that quorum was insufficient) Hon. Temporary Speaker (Kipkurui Chepkwony): I now direct the Serjeant at-arms to ring the bell for ten minutes. (The bell was rung) (Several Hon. Members entered Chamber) (The clerk confirmed quorum was sufficient) MOTION PRIORITIZING CONSTRUCTION OF ROADS ACCESSING SCHOOLS Hon. Komen: Thank you Mr. Speaker. I am rising to move a Motion on prioritizing the construction of roads accessing schools. Aware that article 53(1) (b) of the Constitution provides that every child has the right to free and compulsory basic education, further aware that Basic Education Act 2013 enforces access to education by children, concerned that the state of roads accessing schools make it difficult for children especially those living with disabilities to access schools, noting that the County Government allocates funds for the construction of roads every financial year, cognisant that priority is not given in identifying roads to be constructed, this House therefore resolves that the County Executive Committee prioritises construction of roads accessing schools by including in the procurement plans. I came up with this Motion because we have a number of schools in this County that are not accessible by road. It is even difficult a times to take materials for learning and exams to such schools. One example is Soy Primary School, it is not accessible. It is making life difficult for leaners especially those living with disabilities to get to these schools. A times it forces people to carry exams and other learning materials on their shoulders. I believe it is not only in Terik ward
2 but it includes other wards. That is why I brought this Motion, it will compel the County to construct such roads because they are under plan by the County. I call upon Hon. Maiyo Teresa to second. Hon. Maiyo Teresa: I stand to second this Motion by saying access to education by children and ECDE children is mandatory. I know even the attendance of young children during this rainy season has dropped because of the state of roads, some roads get flooded and some are too muddy. The County should prioritize construction of roads heading to schools and construct bridges for some rivers. Education of our children will adversely be affected if nothing is done. I second this Motion, it is timely and very important. (Question proposed) Hon. Temporary Speaker (Kipkurui Chepkwony): Hon. Member for Kilibwoni ward, you have my attention but I will let you get rid of the jacket to ensure it is in the custody of the Serjeant-atarms. Hon. Muge Cynthia: Thank you Mr. Speaker, as we speak, I am headed to see a doctor, I have a serious case of pneumonia. I can see you are working hard to kill me by close of business--- Hon. Temporary Speaker (Kipkurui Chepkwony): Hon Member for Kilibwoni ward, the issue of your medical condition was not in the attention of the Speaker. That mentioned, it remains a wear for other functions. Hon. Chesang can provide another material that is acceptable in the House and I assure you that you will not die. Hon. Muge Cynthia: Thank you Mr. Speaker for your wishes. Now that it has been put to paper clearly that access to education, I do not understand how the seconder put access to education vis- -a-vis road access, that is not clear but this Motion carries an important element especially now that we have a lot of issues with weather and roads. I disagree with this Motion because it is a blanket. What it clearly means is, all education institutions are not accessible, even if we wanted to do all roads to schools, there is no road that would not end up in a school to be honest, this is not very realistic, it cannot be done instantly as the prayer is in the Motion. I rise to oppose unless we have words excluded and others added as emergencies, thank you. Hon. Maru: I thank you and I am sorry for jumping the gun at first. I stand to oppose this Motion because I don t think we have a school that does not have an accessible road. At the same time, we have programs of grading. Let the mover prioritize that one school in Terik ward. I stand to oppose. Hon. Koech Gideon: First, I take the opportunity to thank the mover of this Motion. During seasons like this, one challenge we experience is inaccessibility of learning institutions, especially by children in lower classes and entire primary schools. Some of us in primary schools were a bit mature, nowadays we meet small boys, tiny but are candidates. The entire primary schools are affected by road networks. I would have advised the mover to move a Motion seeking an intervention measure, that first, study to know the number of schools affected and address as emergency. If we pass this Motion, it is like shooting ourselves on our foot because we are the
3 ones who do priority and when you say that cognizant that minimal priority is factored in identifying roads to be constructed, what am I telling the people of Nandi Hills? That in my identification of projects to be factored in, in matters related to roads, I have failed. I am personally saying the Motion is good but the way it has been tailored doesn t fit to address the issue raised by the Member for Terik and as a matter of fact, I would have requested if indeed we wanted to pass this he should shelve this, do some minor correction in this Motion so that we can debate and pass then focus on the kind of element we want to address as an Assembly. Otherwise if we have to approve this the way it is, I am sure we might not like this Motion. Thus, I oppose this Motion the way it is drafted unless there is an amendment to this so that it can fit and serve the purpose of this particular Motion. Thank you. Hon. Sing oei: Nashukuru Mheshimiwa kutoka wadi ya Terik kwa kuleta hoja hii kuhusu barabara ambazo zinazoelekea kwa shule. Mimi mwenyewe ninavyojua hakuna shule ambayo imeanzishwa ambayo haina barabara. Labda angesema ziwekwe lami. Tumepanga kazi katika eneo bunge na kama kuna shida ya barabara kuelekea shule, ni jukumu la mwakilishi kuitisha mashine ili kutengeneza. Hiyo itakuwa bora maanake sasa hivi tunasubiri bajeti ikubalike kisha Kaunti ipate pesa kisha tuone barabara tuliyoweka kwenye mpango wa CIDP, ile ya kwanza ambayo wawakilishi walisema baada ya kukubaliana na wananchi; hiyo ndio tutashugulikia kwanza. Lakini, nafikiri Mheshimiwa pia kutoka wadi yaterik ana mashine ya kutengeneza barabara. Kama kuna barabara ina shida anaweza kutatua kwa sababu ana jukumu la kufanya hiyo kazi. Hii hoja si mbaya lakini haina msingi kwa sababu kazi ya barabara tunafanya kwa jumla. Ahsante sana. Hon. Chepkoech: Ahsante sana kwa kunipa hii nafasi. Nashukuru sana aliyependekeza hoja hii. Kwa kweli, kuna shida zingine zenye--- watu wengine wanafikiri kuwa shule zote zinafanana, wanatengeneza zingine lakini kuna zile hata gari haiwezi kupita. Kama shule ya Cherobon katika wadi ya Kapchorua, kuna shida ya barabara. Msiseme kuwa nimetaja sehemu moja ni kwa vile nimefika kule. Sehemu nyingine ni Leengon, najua Mheshimiwa unatoka karibu na hiyo shule na sasa hivi matope ni nyingi. Tuunge mkono hii hoja kwa sababu sio shule zote zinafanana. Kuna pia watoto wadogo wasioweza kutembea kwenda shuleni. Ni vyema watafutiwe njia mwafaka wa kufika shuleni. Masomo inafaa kuanza mapema ili watoto waelewe vyema wanayofundishwa. May God bless you. The Temporary Speaker (Hon. Kipkurui Chepkwony): Hon. Chepkoech, you are reminded that when you rise to address this Hon. House, you have to speak in one language. You have to start and finish in a language you started with. So don t mix languages. Hon. Morogo: Thank you Mr. Speaker for this opportunity to air my views concerning the Motion which has been brought by MCA for Terik ward. The Motion has come at the right time but just looking at it keenly, I have found out that it is not up to standard. In terms of accessibility of road network to schools, I know there are minor challenges which affect that but this may be based mainly on the budget allocation. I know there is no big problem as concerning the accessibility of roads to our schools. The main problem at now is due to heavy rains experienced country wide.
4 Thus, I stand to oppose this Motion because the County is preparing to construct roads all over and I know too that when the time comes, we shall try to maximize construction of roads leading to various schools within our County. If the Motion mover wants roads leading to schools to be done in his ward, then he should prioritize especially now that he is in the Assembly. The main problem as at now is the machine which other wards have not received especially Lelmokwo/Ngechek ward that has a very similar problem of terrain as that of Terik. I hope we are going to improve on the road network but this does not mean that as an MCA you can bring any form of Motion to minor problems. For instance we may want the 38 MCAs with roads leading to their homes constructed since they are in bad condition; this does not warrant bringing of Motion. But now, I think this comes as a general issue and we shall tackle as Hon. Members but now I stand to oppose the Motion since it has not come at the right time and it will wait until the right time. Thank you. Hon. Philip Chepkwony: Thank you. I thank Member for Terik for bringing this Motion. I have realized that in Nandi County we only have some few schools. Actually, as the Hon. Members have said, in Kapsimotwo we only have one school which is not impassable. I realize that this is not an emergency. Maybe to inform the Hon. Member for Terik, he is a Member of the Implementation Committee, he could have talked with the Committee Members then inform the CECM of Education and that of Roads because this is not an emergency issue. I advise the Member to petition this within the Committee so that they can deal with it. It is not everything that can be brought to this House, some other issues can be dealt with in the Committee and forwarded to CECM to act on. Otherwise I stand to oppose this Motion the way it is. Hon. Serem: Thank you Mr. Speaker. I also rise to oppose this Motion. I know we came as Nandi County with several scripts. Most of them or almost all roads are connected. Once in a while, a road may be impassable due to prevailing weather conditions. Let it be an issue of concern now at the department level for prioritization of roads leading to schools. That way it sounds like we want to do every road. I doubt whether we have any differences with the Motion originator, but this Motion as framed is not practical. Prioritization can be handled by the area MCA and the Sub County team. It is even easier now days since equipment are being decentralized to Sub-counties. If we have a road like the one that the Hon. Member for Terik is talking about the one of Soy. I am sure the people of Aldai can organize and see a way of opening up that route. Yes it is a matter of concern but if it is a small insect we don t kill using a very big hammer but we should find a way of squeezing it between the fingers. I find it to be a small insect but we want to use a very big hammer to kill. I think we can find another way. The other way is through the Committee, the Sub County team, through MCA directly deliberating and engaging with the department. I think that is possible. For now, I oppose the Motion. Thank you. Hon. Nyauntu: Thank your Mr. Speaker, I support the Motion. I believe the Hon. Member who came up with this did not have examples of schools which roads are inaccessible but as much as we may say all schools are accessible, remember that all roads are supposed to be maintained. We would probably have amended by saying prioritizing maintenance of roads leading to some
5 schools. He has a point because he could not have come up with this Motion without having seen a problem. If the roads in wards where you come from are good, thank God. I request the Committee Members of Transport and Infrastructure and that of Education, Research and Vocational Training to take a visit to Terik Ward, do not just dismiss a Motion without knowing where it pinches the mover, thank you very much. Hon. Maiyo Charles: Thank you Mr. Speaker--- (Hon. Maiyo Charles spoke off-record) I don t know why my gadget is not working well. As the MCA for Kemeloi/Maraba ward, I am affected. There are five schools in the Ward whose roads are in pathetic condition. I would have liked this Motion to be given to the department so that they can come up with a way of constructing all roads leading to schools. We have young children and they cannot get to school well. The other day I came across a road to Bemja which is in history not having a vehicle access its compound. It is the Government of Tuga Tai that has made the road to that school and a vehicle has reached there for the first time yet it has been an examination center. There are three other examination centers whose roads are pathetic. I am not opposing this Motion because I am one of the affected. I support it through the department. Thank you Mr. Speaker. Hon. Kiplagat: Thank you Mr. Speaker, I rise to oppose this Motion. As you are aware, currently we have distributed all the machines to the Sub County level where MCAs in one Sub County can share the machines and we discuss on how to operationalize those road. In the ward I represent I know there are some schools whose roads are really impassible but as per the plan and program that we have, we have to ensure that we work on those roads as per the machines that we have following the guidelines in the Sub County and agreement between the MCAs in the Sub County. When we repair all the roads leading to schools, there are some roads which are under KERRA there are some which are feeder roads which you cannot repair using the County machines so it is actually the prerogative of the area MCA with the ward administrator, Sub County administrator and all the stakeholders to ensure that all those roads are dealt with. Otherwise, which criteria will we use to identify the roads which are to be repaired and as per which budget because when we budgeted for the last financial year, for example we said that every ward to identify roads which will fall under RLMF and secondly there are some roads which will be repaired using the machines in the County. So, it is the issue of the MCAs to identify those roads and repair. Otherwise if we say that we repair all the roads leading to schools, it will be a challenge because even some feeder roads are leading to schools. We also have our very able Chairman Committee of Transport and Infrastructure Committee, the Committee can give out this information so that all the roads leading to schools can be identified and repaired. I rise to oppose this Motion, thank you. Hon. Koech David: Thank you Mr. Speaker. First let me thank Hon. Komen for this Motion. However, I oppose in the sense that it is the duty of the area MCA to prioritize. We should not even be saying that only roads leading to schools that should be prioritized even the roads to
6 hospitals. Three weeks ago, there is a woman from a place called Siksik, who was in labor and the road was very bad at a certain junction they had to seek intervention of neighbors around that road to carry that lady up to the tarmac road, that to me if it means prioritization it should be roads that lead to dispensaries, hospitals and even to markets. All the roads are very important, there is no road which is not important. It is up to the area MCA to plan. In any case, machines have now been brought to sub counties and now you organize your priorities at the Sub County level and when it is your turn to have those machines and you feel you want to start with the roads leading to schools, you can do that. If you feel you want to start with roads leading to the market it is up to you, it is your prerogative as the MCA of that Ward. Otherwise in case there is so much pressure and necessity to have a road done it can be done under emergency and I am very happy to hear that Hon. Charles Maiyo say that a road leading to a school has been opened up in the ward he represents that has never been there since time immemorial. That means that can be done even without this Motion because if that was done before this Motion it means it is something that can be done. Due to the heavy rains everywhere, repairing and doing roads with this weather is hard even those being done by KERRA, a road was done in my Ward, it rained heavily and the murram that had been used was washed away and the road became impassible. With the organization of having the machines in our Sub Counties we can prioritize at our level. I oppose, thank you. Temporary Speaker (Hon. Kipkurui Chepkwony): Before I put the question I think Hon. Komen deserves right of reply. Hon. Komen: Thank you Hon. Speaker, this Motion came up because of the roads that have never been constructed leading to schools, you have heard Hon. Maiyo Charles say he still has about five more schools and I know Hon. Rono Magdalene has schools that are not accessible. It is not on the issue of repairs because if you see Hon. Maiyo struggling to construct such roads it may mean that he would be working on those roads for the next four years without focusing his efforts elsewhere. So it was meant to ensure that we assist as a House such areas to have good roads because most of the other areas are accessible and maybe due to the fact that some of us have never been in areas that do not have roads you may not be in a position to recognize that there are issues in some of the wards. I am requesting Hon. Members to soften their hearts and let us assist each other in terms of ensuring that such schools also get roads like the roads that most of you have. Thank you Mr. Speaker. (Question put and dropped) ADJOURNMENT Temporary Speaker (Hon. Kipkurui Chepkwony): Hon. Members, there being no other business this Assembly is adjourned until tomorrow at 2:30 in the afternoon. (The House rose at 3:15 pm)