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NAIROBI CITY COUNTY ASSEMBLY

OFFICIAL REPORT

First County Assembly – Third Session

Tuesday 10th March, 2015

The House met at 2.30 p.m.

(Hon. Speaker Mr. Alex Ole Magelo on the Chair)

PRAYERS

PETITIONS

Hon. Speaker: Hon. Members, the following petitions are pending.

1) Petition presented by Hon. Amos Mbuthia on behalf of residents of Githurai Ward on the grabbing

of a public social hall football pitch and land meant for a dispensary. The petition was laid on the

17th June, 2014 and due date was 16th August, 2014 pursuant to Standing Order no. 202 (2). So,

that is still pending but I will give out some direction on that.

2) Petition presented by Hon. Nelson Masiga on behalf of residents of Eastleigh on the Eastleigh

South, Section 3 sewerage slums eviction. The petition was laid on Wednesday 22nd October 2014

and due date was 20th December 2014 pursuant to Standing Order no. 202 (2).

3) Petition presented by Hon. Ngaruiya Chege on behalf of Kahawa West Market stall owners and

traders on market rate increment. The petition was laid on the 13th November 2014 and due date

was on 16th January 2015 pursuant to Standing Order no. 202 (2).

Hon. Members, I want to say this. When you look at those petitions and the dates they were due, this is

unacceptable as far as the Assembly is concerned. I therefore direct that next week on Wednesday

2:30pm, these petitions should be on the floor of the Assembly. Thank you.

of 25 NAIROBI CITY COUNTY ASSEMBLY Tuesday, March 10, 2015



PAPERS

Hon. Majority Leader: Thank you Mr. Speaker. After a long holiday, we have been in Mombasa it

is good that we meet here again. I beg to lay the following paper on the table of the Assembly today,

Tuesday, 10th March 2015; Debt Management Strategy Paper for the Financial Year 2014/2015. So, Mr.

Speaker, I beg to lay the paper if you allow me to do so.

Hon. Speaker: Hon. Members, this is now taken to the Committee of Budget and Appropriation.

STATEMENTS

Hon. Speaker: Hon. Michael Ogada, Member for Embakasi Ward.

Hon. Member for Embakasi Ward (Mr. Michael Ogada): Thank you very much Mr. Speaker sir.

Pursuant to Standing Order no. 41 (2) C, I wish to request for a statement from the Chairpersons of

Committees on Justice and Legal Affairs, and Planning and Housing regarding a demolition of the houses

by the County Executive on land registration number LR9042/130 in Embakasi Ward despite there being a

court order against the said demolition.

Mr. Speaker sir, on 25th February 2015, officers from the Nairobi City County Enforcement

Department and Planning Department descended on the said structures and demolished them without

regard for any existing orders. Mr. Speaker sir, in the said statement, the Chairpersons should inquire into

and report on:

1) On whose instructions the demolitions were authorized and reasons for the said demolitions,

because the land in dispute was not a property of the County Government but it was a dispute

between two different parties who had conflict over the same. And there was a court order

restraining order and the status quo was requested by the court to stay. But Members of the

County Executive did come and supervise the demolition even though there was a court order

barring them.

2) Plans put in place by the County Government to compensate the individuals whose houses and

buildings were demolished since there was a court order against such demolitions. Thank you Mr.

Speaker sir.

Hon. Speaker: Hon. Chairpersons for Legal, and Planning and Housing.

Hon. Member for Parklands Ward (Mr. Jaffer Kassam): Thank you, Mr. Speaker sir.

Hon. Speaker: Hon. Chairperson, you are aware that it is officers from the department.

Hon. Jaffer Kassam: Yes, Mr. Speaker sir. That is what the Chairman has just said and we will

require about 7 working days to come up with a comprehensive answer.




Hon. Speaker: Very well. Wednesday 2:30 pm, next week. That is after 7 days. Hon. Chairperson

for Planning, then we get this through then I will---

Hon. Member for Korogocho Ward (Mr. Maxwell Ochar): Mr. Speaker, you have so directed; next

week, Wednesday.

Hon. Speaker: Very well. Thank you. Hon. Ngaruiya.

Hon. Member for Kahawa West Ward (Mr. Ngaruiya Chege): Thank you Mr. Speaker. I would advise the

residents and the MCA of that area before the Committees on Justice and Planning come up with a report,

it is always very important that they also go to court to seek the power of that court order that those

residents have because you cannot just wait for the report of a Committee. Thank you.

Hon. Speaker: Very well the Chairman is so guided.

MOTION

Hon. Speaker: Hon. Members, Motion no. 8 was moved and seconded and question proposed.

The Hon. Member on the floor at that particular time was Peter Ngaruiya Chege. It is that the Assembly

adopts the report of the Sectoral Committee on Labor and Social Welfare on the enquiry into the

deteriorating state of the City Stadium.

(Hon. Imwatok stands on a Point of Order)

Hon. Speaker: On what, Hon. Imwatok?

Hon. Member for Makongeni Ward (Mr. Peter Imwatok): Mr. Speaker---

Hon. Speaker: No, I want you to be specific.

Hon. Peter Imwatok: Before the reply on this particular Motion, I want to put a plea on behalf of

my Ward, because I represent Makongeni, Kaloleni, Mbotela, including City Stadium.

Hon. Speaker: To do what?

Hon. Peter Imwatok: That Motion touching on City Stadium. As the area County Rep---

Hon. Speaker: Hon. Imwatok.

Hon. Peter Imwatok: Yes, Mr. Speaker.

Hon. Speaker: You have been given enough time to contribute on what you want to say.

Hon. Peter Imwatok: But you have just said that it was waiting just a reply.




Hon. Speaker: It actually looks like you have already contributed.

Hon. Peter Imwatok: But Mr. Speaker, on that day, the Motion could not proceed because of the

quorum. You postponed the Motion to the following day. And on that particular day, I was not in.

Hon. Speaker: I can see, the House Business must have slotted it for today.

Hon. Peter Imwatok: Yes Mr. Speaker. That is why, as you are requesting for somebody to come

and reply to the Motion, my contribution as the area County Rep and what I know about the saga behind

this report, it should be recorded in HANSARD because I represent the people of City Stadium. Just to go

straight, if you allow me, this report, I have always and I will always---

Hon. Karen Wanjiku(Nominated Member): : Point of Order Mr. Speaker.

Hon. Peter Imwatok: What I know about this report, however many Point of Orders should come, I

will not allow my people from City Stadium to be, at any time, removed from this area unprocedurally.

Because Mr. Speaker, I am aware of--- and yesterday I was before the Labor Committee where I spoke

without fear of contradiction what is surrounding this report. It is not City Stadium alone which is a stadium

in this County of Nairobi. But Mr. Speaker, the Chair of the Labor Committee is at the center of this saga.

Number one---

Hon. Peter Imwatok: You know you cannot make a---

Hon. Peter Imwatok: Mr. Speaker, I am saying as the area County Rep of these people.

Hon. Speaker: ---without substantiation.

Hon. Peter Imwatok: I am substantiating, Mr. Speaker. I am not speaking out of hearsay.

Hon. Karen Wanjiku: Point of Order.

Hon. Speaker: There is a Point of Order from Karen.

Hon. Karen Githaiga: Mr. Speaker, thank you for giving me this chance. No one can stand here

without stating the Point of Order he or she is speaking on. He is just speaking without any Point of Order

and the amendment was not supposed to be done on this floor. Mr. Speaker, if he had any queries he

could have gone to that Committee with his amendments. This is a very important report.

Mr. Speaker sir, you have seen how City Stadium has deteriorated. This is not a matter that we

should joke with. Mr. Speaker, sir, with all due respect, we know that he is a Member of that Ward but he

cannot endanger or make sure that there is no development that is done in City Stadium because of one

Point of Order. He could have amended and we go on with passing the report.

Hon. Speaker: Very well, Hon. Karen.




Hon. Peter Imwatok: Mr. Speaker, kindly I am not amending any report. What I am saying is I will

oppose at any time on any day where the Chair of Labour in cahoots with some warias want to subdivide

City Stadium---

Hon. Speaker: Order, Hon. Imwatok.

Hon. Peter Imwatok: No, Mr. Speaker, this is what I should say---

Hon. Speaker: Order!

Hon. Peter Imwatok: As the Member for Makongeni, Mr. Speaker, it is not in line if my people---

Hon. Speaker: Order, Hon. Imwatok! I want to put to you, Hon. Members, that this is an

Assembly and in any case, accusations are not permitted and you know the way to go. So, Hon. Imwatok,

you had spoken on this Motion so let the other Members contribute, you will have your time to contribute.

Hon. Peter Imwatok: Mr. Speaker, I want to substantiate on the allegations.

Hon. Speaker: You will do that when you get your chance because you have just come on a Point

of Order. Hon. Ngaruiya, please.

Hon. Member for Kahawa West Ward (Mr. Patrick Ngaruiya): Thank you, Mr. Speaker for giving

me this opportunity. Mr. Speaker, as much as we deliberate on this important issue of City Stadium and

other fields, it is also very important that the representative of that particular Ward be listened to on what he

is saying. Mr. Speaker, this is a Ward that you were elected to and kindly, Mr. Speaker, if you are not given

an opportunity we will be doing a disservice to the Member.

Mr. Speaker, as I continue I want to say that the situation and the recommendations by that

particular Committee, I believe it is time the County Executive do something about the dilapidation of that

particular stadium. Mr. Speaker, there are so many other structures – much as we respect that these are

our voters – City Stadium is an international stadium and it attracts international teams from Africa and the

rest of the world.

However, Mr. Speaker, when you look at the condition of the stadium as we speak, it is not

something that can attract international friendlies. Sportsmen and women would fear doing something in

that particular field because of the shanties that are around that particular stadium.

Hon. Speaker: Order Members! Hon. Athembo.




Hon. Chege Ngaruiya: Mr. Speaker, I believe the enforcement officers of the County should be

held responsible. Mr. Speaker, there are so many illegal structures that have mushroomed in this City and

it is high time that we do something to clean up the City because it is in a mess. Mr. Speaker, if you look at

the many photographs that have been presented there and they have been annexed, there is nothing to

laugh about. I would also wish to say that the Committee dwells so much on many other playgrounds in the

City but most of them when you look at their status, they are in a poor state. This means that for many

years these are playgrounds that have never been budgeted for when it comes to rehabilitation.

Mr. Speaker that is why you realize that there are so many youth who are idling and these

stadiums and playgrounds that we have all over the County, none of them is in good condition. Mr.

Speaker, it is high time that we take a step forward and see what we can do about these playgrounds for

our young people.

The only area I would wish--- they never added Kahawa West playground to this particular

document because there is a lot of encroachment on that particular ground. Mr. Speaker, it was annexed

to a playground, but as we are speaking there are so many structures there but it was not captured in this

particular report. So, I would kindly invite the Chairperson of this particular Committee to visit that particular

playground and something must be done about it so that the mechanics who have invaded it--- There are

so many other structures that are there, that something is done about it. Thank you, Mr. Speaker.

Hon. Speaker: Hon. Leader of the Majority.

Hon. Leader Majority: Thank you, Mr. Speaker for giving me this opportunity. I think it is not a

crime to involve the area Representative to also get involved on whether they are going to do beautification

around or inside the stadium because at the end of the day he is also going to engage his people to know

what is going on. It is not a crime. Thank you, Mr. Speaker.

(Applause)

Hon. Speaker: Hon. Mauti.

Hon. Member for Kwa Reuben Ward (Mr. Elkana Mauti): Thank you, Mr. Speaker sir. Let us call

a spade a spade. Nairobians can see the stadium which we have and if we start constructions of maybe

petrol stations there we are lost. If there are structures that were allocated by the County of Nairobi,

rehabilitation should be done for those people to continue to be there. Bringing people from outside to build

petrol stations is very illegal. According to investigations---

Hon. Speaker: Hon. Mauti, what are you talking about petrol stations?




Hon. Elkana Mauti: I am getting to my point. Let me explain. I was just giving an example. Let

them understand the example and the reality.

Hon. Speaker: Hon. Mauti, stick to the report of the stadium.

Hon. Elkana Mauti: Yes, that is what I want to do. I was just giving an example. Mr. Speaker,

according to the stadium status right now, remember that is a historical ground. It is a monument which is

supposed to be protected and defended by all means possible. In the given budgets we had allocated

money for refurbishment of such institutions whereby it should be utilized for the Nairobi youth to enjoy.

So, according to me if this House was to agree and approve---

(Loud consultations)

Hon. Speaker: Order Hon. Members! You will go out both of you.

Hon. Elkana Mauti: If this House was to agree and approve that the stadiums we have are to be

reconstructed for the betterment of Nairobians. We have so many youths and the teams of the Assembly

which we want to foster.


Hon. Member for Utalii Ward (Mr. Wilson Ochola): Mr. Speaker can you chase him out?

Hon. Peter Imwatok: (Inaudible)

Hon. Speaker: Order, Hon. Imwatok.


Hon. Karen Githaiga: Mr. Speaker, can you throw him out.


Hon. Elkana Mauti: Mr. Speaker, I think from the body language some of us can learn a lot. What

I can suggest is the stadium to be taken care of and to be allocated money this financial year to come up

with a way of making the stadium to look more decent so that our youth will continue to enjoy.

Hon. Speaker: Thank you very much, Hon. Elkana. Hon. Nyangwara, and welcome back to

Nairobi City Assembly.




Hon. Member for Viwandani Ward (Mr. Samuel Nyang’wara): Mr. Speaker, I was standing on a

Point of Order. I required that you rule Hon. Imwatok out of order because the particular issues that he has

raised on the floor have been captured in the HANSARD. Remember that he had already taken his time to

contribute on this particular Motion. Mr. Speaker, he cannot speak twice, for heaven’s sake.

Hon. Member: Point of Information.

Hon. Speaker: To inform who?

Hon. Member: (Inaudible)

Hon. Speaker: I do not need the information.

Hon. Peter Imwatok: With all due respect to your Chair and the rules and procedure of this House,

I kindly ask your indulgence to allow me as the area Member of this respective Ward to do my job of

representation. It is so bad today if the great people of Makongeni, Kaloleni, Mbotela will hear their Member

of Assembly accepted an uncouth way of taking over City Stadium. I’ve said here categorically.

I am not dealing with hearsay. I am ready to table evidence and confirm and substantiate what I

say. For instance, yesterday at 10: 30 pm one Mheshimiwa Mutiso called me in the company of Ochola at

Jam Rescue Jogoo Road with some warias. It is not right Mr. Speaker---

Hon. Speaker: Order! Order!

Hon. Peter Imwatok: ---about City Stadium, people are thinking about hearsay. It’s not about

hearsay. Can Mutiso confirm to this House where he was yesterday at 10: 30.


Hon. Speaker: He called me at Jogoo Road with Ochola and some warias based on the City

Stadium---

Hon. Speaker: Order! Hon. Imwatok.


Hon. Speaker: Hon. Members, I want to appeal to you to conduct yourselves as Hon. Members.

Hon. Imwatok, you now know we have a fully-fledged Committee of Powers and Privileges and you can

report your matters there in case you have any burning issues but not on the floor. Apparently and

accordingly, you spoke in opposition and you spoke for about two or three minutes. Therefore, since you

spoke, the Standing Orders do not allow you to have the floor again. It is the same Motion---




Hon. Speaker: --- it is the same Motion. It’s not the issue of the same day. If you have any you

may pass it to your Members, friends to contribute on your behalf. Anything that touches on another

Member, you know the way to follow it. Hon. Members, please let us be and follow the rules. The issue of

very serious accusations against other Members, remember there is powers and privilege which can come

to you very hard. We don’t want that to happen. Therefore, let the other Members contribute--- order! Let

the Member continue contributions because you did your part. If your life is in danger you know where to

report, yes.


Hon. Speaker: Order Hon. Imwatok. Hon. Thuo.


Hon. Member for Dandora area III Ward (Mr. Thuo Wakarindi): Thank you Mr. Speaker. I rise

here to support this Motion. A very bad precedent is being set in this Assembly. As I support this Motion,

allow me to mention that if we as Members like you say don’t start acting Honorably as we should and if the

Chair does not take a firmer stand this Assembly is going to turn into a circus. It is sad thinking as we do

that this is the top cream of Nairobi. That these other people who represent the wishes of the people.

It is very sad that in broad daylight a Committee’s report can be trampled and someone can belittle

it to a personal issue---

(Applause)

Hon. Thuo Wakarindi: It’s been said things that cannot be supported in this Assembly that must

stop. We must not allow people to hold us at ransom because they are threatened politically on the ground.

We are not here to help people win their seats back. We are here to serve Nairobi.

(Applause)

Hon. Thuo Wakarindi: Mr. Speaker sir, if you have any political threats in your backyard it is upon

yourself to go and deal with your voters, not expect this Assembly to fight for you.


Hon. Thuo Wakarindi: That is not going to happen here. We all have our own---


Hon. Speaker: Order Members! Order!





Hon. Thuo Wakarindi: Mr. Speaker sir, the issue of the City Stadium is grave. The Nairobi City

Stadium is going to outlive us. It is going to outlive the tenure that Hon. Imwatok is going to be the MCA for

that area. Very many Members and Councilors have been MCAs within that area.

The City Stadium has outlived them. It is going to outlive this Assembly also. It is going to outlive

the next Assembly. We must not let issues of political mileage and political short sightedness to guide

debate in this Assembly. Having said that Mr. Speaker---

Hon. Speaker: Order Hon. Imwatok! Order!

Hon. Thuo Wakarindi: Having said that Mr. Speaker sir, allow me also to mention that one of the

biggest earners in this world are sports people. That is one area that our County has missed out. We have

millions and millions of young people in this Country who do not have formal jobs but with lots of talent who

could make a life and change the lives of their families and change the lives of the villages through

engaging in sports if only the County Government could be serious about renovating that place.

Long before I was elected as an MCA, I visited that City Stadium once and the former Mayor Mr.

George Aladwa was present. There was a game going on and when he was leaving at around 7 there were

gunshots coming from those vibanda. I am talking out of experience. You can imagine the panic that had

engulfed all the people there and the security, the Mayor is here, there are gunshots, we cannot know

where it’s coming from and you want to tell us to maintain that?

(Applause)

Hon. Thuo Wakarindi: Mr. Speaker sir, Nairobi County does not have any other stadium except

the City Stadium. What would happen if the common ward of Cities were to hold a sports activity in

Nairobi? We would have to use the Nyayo Stadium. We would have to use Kasarani which do not belong to

us. We would have to pay.

Hon. Speaker: Order Hon. Imwatok! Order!

Hon. Thuo Wakarindi: On that note Mr. Speaker---

Hon. Speaker: No! No! No! Hon. Imwatok no!

Hon. Thuo Wakarindi: Mr. Speaker sir---


Hon. Speaker: Respect the House.








Hon. Thuo Wakarindi: Mr. Speaker sir---

Hon. Speaker: Hon. Imwatok, one more word from you, what you want will be done.

(Applause)

Hon. Thuo Wakarindi: Mr. Speaker sir, I urge you not to fall into this trap. What Hon. Imwatok

wants is for you to chase him out so that he goes back to his village and tell people “I was chased out

fighting for you.” Don’t fall for that trap.

(Applause)

Hon. Thuo Wakarindi: Don’t fall for that trap Mr. Speaker.

(Applause)


Hon. Thuo Wakarindi: That is what he wants Mr. Speaker sir. I support this Motion and---

Hon. Speaker: Hon. Alex Mulatya.

Hon. Thuo Wakarindi: Thank you Mr. Speaker sir.


Hon. Alexander Mulatya: Thank you very much Mr. Speaker.


Hon. Alexander Mulatya: Before I have my input here, I would like to thank---

Hon. Speaker: Order Hon. Members!

Hon. Alexander Mulatya: --- the Chairman for this good Committee Dr. Ochola.


Hon. Alexander Mulatya: --- for his hard work in having this Committee. It has been said here

severally that people from that side, me being one of them as said by my able Majority Leader, we only

have one stadium which is City Stadium. It is just along Jogoo Road whereby we boast of that pitch. As per

the recommendations here, I stand to support this report in totality. Reason being that whatever my

colleagues are purporting to have like what they are talking of petrol stations and so forth. I have not seen




anywhere whereby it is being allocated somewhere within this report. I’ve also seen that a lot of security will

be enhanced in that area. We will have a wonderful stadium in those black cotton soil areas.

With those few remarks, I think it is much in order Mr. Speaker, to call the Chairman to give his last

contribution.

Hon. Speaker: Hon. Karen.

Hon. Karen Wanjiku: Thank you Mr. Speaker sir. Thank you for giving me this chance to

contribute to this very important Motion. It has brought a lot of heat and I can’t understand. I thought we are

sports women and men in this House. I am amazed or surprised by some reactions. As you know I am a

netballer and I do other things like hockey and pool. When we go there we have many problems, issues of

water, unlevelled grounds and so many problems including security. I did not think this Labor Hon.

Chairman can do such a good job. Mr. Speaker sir, I need your attention.

As I continue contributing to this important Motion and this report, we’ve seen very good

recommendations made on security. I need your attention Mr. Speaker sir. There is a lot of diversion.

Thank you, this Motion is going to pass today---


Hon. Karen Wanjiku: --- no matter what. We’ve noticed this Motion has been brought in this

House severally. Today we are going to pass this Motion because these recommendations are too good if

they are implemented. You know this is our mandate as a County. Schedule 4 of the Constitution 3(4).

Mr. Speaker sir, I hope you have your Constitution. 3 (4) says one of the mandates of the County

Governments is cultural activities, public entertainment and public amenities. If you go to (h) it reads: sports

and cultural activities and facilities and (i) County parks, beaches and recreational facilities. This is our

mandate and we cannot run away from it.

I think as you can see all Members are ready to pass this Motion. Let us not waste more time. You

can call the mover to reply Mr. Speaker.

Hon. Speaker: Hon. Adow and then Hon. Chairperson for Health and then we can---

Hon. Member for Eastleigh North Ward (Mr. Osman Adow): Thank you Mr. Speaker. I also rise

to support the Motion. I don’t understand why the Member from Mbotela is against development. This is a

very good recommendation that brings development to his Ward. Maybe he is afraid that once development

comes then those people will move out and more affluent people will come in and vote him out.




(Laughter)

Hon. Osman Adow: He should accept that an idea whose time has come cannot be stopped.

Development must proceed. Just like what we are seeing from the pictures it’s actually in a pathetic

condition. I don’t see why if somebody is coming with money to develop it, he should be against it.

Having said that, I think the report is very good and we should all support it. I don’t know who are

called warias. I think naming people and to ethnisize--- those people are developers and they are business

people. They should not be called warias and should not be given names. I think that requires an apology

and a withdrawal, thank you.

Hon. Speaker: Okay withdraw and only withdraw.

Hon. Peter Imwatok: Mr. Speaker kindly to Hon. Adow, I am sorry and I must say they were not a

community but businessmen who want to grab City Stadium in the name of rehabilitating the stadium.

Hon. Speaker: Have you withdrawn?

Hon. Peter Imwatok: I have withdrawn Mr. Speaker. Kindly let the Chair not grab City Stadium Mr.

Speaker.


Hon. Speaker: Hon. Chairperson of Health and then Jack Wetu.

Hon. Member for Nairobi South Ward (Mr. Manoah Mboku): Thank you Mr. Speaker. I am in

support of this report. I want to thank the Chair for coming up with a very good recommendation. In

particular, recommendation number 3. The County Government should demolish all the structures built

within 20 meters range from the stadium perimeter wall. If you go to City Stadium, I am a frequent visitor to

that stadium because I go there for training. The kiosks which are around that stadium--- you wonder what

is kept in those kiosks. They are a security risk. Last time when we visited Uganda we were ashamed to tell

the Uganda people that we have a stadium called City Stadium. We could not compare. City Stadium is the

only stadium in East Africa that is carpeted. Mr. Speaker, I don’t know of any and you are aware. It is the

only stadium in East Africa that is carpeted. We should protect that stadium with all laws that we require in

this case.

Secondly, the parking area. During a match between Gor Mahia and AFC that stadium usually---

Mr. Speaker, I need your attention. These Members who keep on gossiping in your ears are disrupting---

Hon. Speaker: Yes. I’m listening.

Hon. Manoah Mboku: Mr. Speaker, during a match between Gor Mahia and AFC, that stadium

usually is full. It is important we have enough space for Members who come to visit that stadium during




such matches. With these few remarks, I am in support of this report and the Chair should come and---

thank you.

Hon. Speaker: Hon Asha.

Hon. Asha Abdi (Nominated Member): Thank you Mr. Speaker for giving me this opportunity. I just

want to tell my friend or my son Mr. Imwatok, he has given us a hard time since the Motion was brought to

this Assembly and I just want to tell him that this thing does not belong to him, it belongs to Nairobians, and

if we have been given money for the rehabilitation of the stadium please just put your differences aside,

give people of Nairobi a chance for the stadium to be renovated.

I think when we were very young I used to go and play around the Eastland area, at the stadium

those wash rooms were not there but I think he or others are the ones who have accepted those kiosks to

come near the stadium. I was very afraid; I’m a Member of this Committee, we went four times to the

stadium just to see what we will do; stadium didn’t have water, there were no facilities for the people of

Nairobi. We want to tell the Nairobi County first to start (interruptions) He is just disturbing. He has been to

our Committee, we tried to talk to him but he was so superior than the Committee Members, we don’t want

to be disturbed, we want to be given chances to work as Committee and he is seeing that we are coming,

that is why he doesn’t want this report to be passed. Am telling him, we are going to pass it, whether he is

going to be elected or not that is not our work. Our work is to work for the Nairobians, thank you Mr.

Speaker sir.

(Applause)

Hon. Speaker: Order! Order Imwatok! Go back to your seat, Order! Go back to your seat.

Hon. Member of Githurai Ward (Mr. Jackson Mwangi Ngare): Thank you Mr. Speaker for this

chance to contribute to this Motion. I have worked in industrial area between 1982 and 2001; I have passed

through Jogoo Road for all that time. I have no problem with this report but I have one reservation. All those

years I have passed there I have seen that area to be orderly from the new railway station coming up to the

stadium. As you come from the station to the stadium on your left hand, there are estates Kaloleni, Mbotela

and so forth. But of late I have seen businesses coming up along that area. One there is a petrol station

belonging to a waria, name withheld. Hashi petrol station.

Hon. Speaker: Order Hon Jack Ngare! There is nothing like a waria. Can you withdraw the word

waria?

Hon. Jackson Ngare: By waria I mean a man of Somali origin, not specified. Otherwise that is a

general naming. Mr. Speaker those are private developers. When I look at this document the first

recommendation says: modern kiosks to be built along Jogoo Road through a public private partnership.




The owners of that petrol station are private developers, could they be the ones that are going to be

involved here?

(Applause)

Hon. Jackson Ngare: Because of time I don’t want to go into other recommendations because

they are also questionable. When the area MCA Hon Imwatok stands here and objects to this, it is not in

malice. He is an athlete! Mr. Speaker what does it cost to hold this report for a week so that we investigate

and see if there is a secret hand in this.

(Applause)

Hon. Jackson Ngare: Mr. Speaker we are not rejecting this report, it is good. I respect the

Committee the Chairman of this but I don’t think it cost anything---

Hon. Speaker: Order Hon. Jack! Are you supporting or opposing?

Hon. Jackson Ngare: I’m opposing Mr. Speaker sir. So Mr. Speaker I seek your guidance on this

because we don’t want to be blamed later on that we allowed through recommendation 1, ---

(Interruptions), Mr. Imwatok---

Hon. Speaker: Can you address the Chair please.

Hon. Jackson Ngare: Sorry, Mr. Speaker I think it is always wise so that we are not dragged in

this document because if we pass it here it says we allow private developers who have started building

petrol stations along that area to encroach the stadium.

I have a problem with the first recommendation which is not actually for saving the stadium but for

inviting kiosks there and by the way we already have kiosks there. Who are these private developers we

are inviting through this document to come and do business here? We are in a democratic state and

democratic County. If this document will pass it could pass because the majority probably may vote for it

but I’m not for it. When you look at recommendation 1 and think twice, thrice and four times, there is a

bigger interest than saving the stadium, I beg to sit, thank you

Hon. Speaker: Hon Members I will plead with you, do not come to the floor and mislead the

Assembly. We have not in this [document] read petrol station or private developers. It is very clear--- order!

Order Members! Get seated Hon Members--- I think unless you are reading another document and I don’t

have, it says the County Government should demolish--- all 20 meters range from stadium perimeter wall---





Hon. Speaker: No, no--- Hon. Member number four it says: modern kiosks should be established

through public private partnership in an organized manner as replacement of the shanty like structures that

will be occupied by--- order Members! Order! —who will be given priority and consideration, so when you

read this I’m seeing that we are deviating with petrol stations; petrol stations is not amongst the one to be

built, so do not come and mislead the Assembly. Hon lady, there is a lady here!


Hon. Tabitha Akinyi Juma (Nominated Member): Thank you Mr. Speaker sir for this opportunity to

address this House and just to comment on what the Hon. Member who has just left the stand has said

that--- because from the recommendations that we have been looking at, there is nowhere I’m seeing that

we are inviting private developers to come and built anything around that stadium. In other words the

recommendations were for the rehabilitation of the stadium to remove the kiosks which I think will be a

good thing for the Hon. Member because when that stadium is rehabilitated I’m sure even kids from his

Ward are going to benefit and the men and women from the Ward are going to benefit from a rehabilitated

stadium.

You know the state of the stadium presently, it cannot even attract the funding of institutions like

FIFA, Coca-Cola to come and rehabilitate that place because they count on number of spectators that are

in the stadium; they don’t count on the people who stand; they count on people who are seated and when

this place is rehabilitated and we increase the capacity of the spectators in that place, I’m sure---

(Interruptions)

Hon. Speaker: Order Hon Member! Order please! Order!

Hon. Tabitha Akinyi Juma: ---I’m sure we are going to attract this kind of funding that will enable

us to even put more improvements to that stadium and it will be in a better state to serve the Nairobians as

compared to what is happening right now. I’m a Member of the netball team, and we have been having a lot

of problems at the stadium. There is no security, you cannot be there beyond 6pm and when you go there

early in the morning it is still not secure. I think that place should be secured, it should be rehabilitated for it

to serve Nairobians better. Thank you Mr. Speaker.


Hon. Speaker: Hon Leader of Majority




Hon. Leader of Majority (Mr. Elias Otieno): Mr. Speaker I want this thing to come to an end

because I think they are just taking too much time, we are just saying the same thing all the time. I think we

just adopt the report, subject to involving the people of the area. They should not be sidelined when they

are dealing with those kiosks. I think we just adopt the report instead of wasting our time here, thank you.

(Applause)

Hon. Speaker: I call the Mover of the Motion to reply.


Hon. Wilson Ochola: Thank you Mr. Speaker sir, can you put the House in Order.


Hon. Speaker: Order Members!

Hon. Wilson Ochola: Mr. Speaker, the Hon. Member is trying to get an excuse---


Hon. Speaker: Order! You talk.

Hon. Wilson Ochola: Mr. Speaker, as you can see Members are much, much happy. I would like

to thank Members for what they have done, they have not been cheated some by hooligan MCAs and have

supported the Motion.


Hon. Wilson Ochola: Mr. Speaker can you protect me.

Hon. Speaker: Order Members! Order!

Hon. Wilson Ochola: Can you protect me, Mr. Speaker.

Hon. Speaker: Hon. Ochola, Order!

Hon. Wilson Ochola: Hon. Speaker, I withdraw.


Hon. Speaker: Order Members! Order Imwatok!

Hon. Wilson Ochola: Mr. Speaker, I think now you can see why the Member is so much bitter.

Hon. Speaker: Hon. Ochola, Order! You came to reply, not to start using other words here.




Hon. Wilson Ochola: Yes Mr. Speaker, I am sorry, Mr. Speaker, I have withdrawn that statement.

I thank Members for what they have done. Therefore, I know very well these people have hidden agenda

and these are the Kalausi people, I can’t withdraw.


Hon. Speaker: Order Members! Hon. Ochar, Order!


Hon. Wilson Ochola: I cannot withdraw, Mr. Speaker.


Hon. Speaker: Order Hon. Members! Be seated! I put the question that the Assembly---


Hon. Speaker: Order Members! Order! Order! That the Assembly adopts the Report of the

Sectorial Committee on Labour and Social Welfare on the inquiry on the deteriorating state of the City

Stadium laid on the table of the Assembly on Wednesday, 15th October 2014.

(Question put and agreed to)

(Applause)


Hon. Speaker: Next order!

MOTION

Hon. Member for Lucky Summer Ward (Mr. Kennedy Oduru Nyarumba): Order Hon. Members!

Thank you, Mr. Speaker sir, I beg to move the following Motion that---


Hon. Kennedy Oduru Nyarumba: They are so noisy, Mr. Speaker sir.







Hon. Kennedy Oduru Nyarumba: Order Hon. Members!

Hon. Speaker: Order Hon. Ochola!

Hon. Kennedy Oduru Nyarumba: Thank you, Mr. Speaker sir I beg to move the following Motion

that this Assembly adopts the Report of the Sectorial Committee on Transport and Public Works on the

inspection visit to the County Control Server Room of the Closed-Circuit Television (CCTV) traffic cameras

held on 12th February, 2015 laid on the table of the Assembly on Wednesday 18th February 2015.

Mr. Speaker sir, the Committee noted that there had been increased incidents of crime, accidents

and other traffic offences despite the installation of Closed-Circuit Television (CCTV) traffic cameras around

the City by the County Government. The heinous killing of the Hon. Member for Kabete Constituency within

the CBD further triggered the debate on the performance of the system.

Mr. Speaker sir, the Committee resolved to visit the system’s server control room to assess its

state and performance. The visit was held on Thursday, 12th February 2015 where Members had the

opportunity to view and asses the actual operation of the system. Members were also briefed---


Hon. Speaker: Order Hon. Members! This is a very important issue for you Members please.

Hon. Kennedy Oduru Nyarumba: Members were also briefed by the officers manning the control

room who clarified on how the system operates. This project had been initiated by the defunct Ministry of

Nairobi Metropolitan before the County Government took over.

The project received support from the World Bank to the tune of Kshs. 400 million. The project had

an initial focus on the Central Business District (CBD) and entailed mounting of cameras on the strategic

buildings around the CBD. The cameras then project images on the screens located at the control room

located at the City Hall Annex where officers monitor and record incidents for action.

Mr. Speaker sir, during the visit after being briefed by officers at the control room, the Committee

found out as follows;

i. Only forty cameras have been installed within the City covering the CBD of which seven have

since stalled. The cameras have been mounted on strategic buildings with the ability to rotate




and cover a radius of two kilometers. Data captured by the cameras can be stored for a period

of thirty days. However, the images captured are of low quality hence unreliable in most cases.

ii. The cameras are not effective during the night due to lack of proper lighting. In addition, power

outages also lead to failure of the cameras

iii. The system was specifically installed to aid in controlling traffic this was initially successful

along Tom Mboya Street where traffic marshals along the street were alerted by their

counterparts stationed at the control room on measures they would take whenever there was

congestion as captured by the cameras and projected on the screens. However, the same is

no longer the case since traffic marshals have been removed from the said street and at the

same time there are no inspection officers.

Hon. Speaker: Yes, Point of Order for?

Hon. Member for Nairobi South Ward (Mr. Manoah Karega Mboku): Mr. Speaker, we already

have the Report. Why can’t the Member ask if we are ready to adopt or reject the Report instead of reading

everything. He is taking too long yet we already have the Report.

Hon. Speaker: Hon Sirkal, go ahead.

Hon. Kennedy Oduru Nyarumba: Thank you, Mr. Speaker for protecting me. Officers stationed at

the server room to relay the information to other traffic marshals. In addition, traffic police on the roads do

not consider the advice of the officers at the control room.

iv. There are other cameras mounted at roundabouts within the CBD which have the ability to

capture and record registration number plates of vehicles passing.

v. The screens at the server room have no capacity to project all the cameras at a go due to their

small size. Officers have to keep checking each camera hence it becomes difficult to instantly

notice an incident on a camera which is currently not being projected.

vi. The officers at the control room do not make regular reports to relevant authorities for action.

Indeed, the officers reported that there was no direct coordination between them and the traffic

marshals or police on various roads in the City. As such, the Committee could not ascertain

any tangible output of their work apart from monitoring the cameras.

vii. The control room is manned by four officers who operate in shifts of two i.e. from 6.00am to

2.00pm and from 2.00pm to 10.00pm. It is assumed that there are no traffic congestion

problems between 10.00pm to 6.00am.

Mr. Speaker sir, following the inspection visit, the Committee urges Assembly to resolves as

follows;

i. The County Government should increase the number of cameras within the City so that a

larger part of the County is covered. In addition, bigger screens with the ability to project more cameras




should be procured to increase the efficiency of officers manning the control room. The cameras should

also be upgraded so that they can capture images of high quality and cover large radius.

ii. More personnel should be deployed at the server room to aid in the monitoring of the

cameras and reporting of incidents.

iii. Traffic marshals should work hand in hand with the officers at the server room so that they

can respond to the advice given by the control room officers

iv. The information captured by cameras should be recorded and used to prosecute traffic

offenders and other individuals perpetuating crime in the City. Those captured by the cameras committing

crime should be arrested and prosecuted as a deterrence mechanism.

v. The street lights should be increased within the City so that the cameras can be able to

capture criminals and traffic offenders at night since most crimes occur at night. The cameras

should also be solar powered.

Mr. Speaker sir, the Committee has planned to have a discussion with the responsible CEC to

seek for immediate measures to be taken to improve the system due to its surveillance importance. The

Committee will also look into issues of the procurement process. Mr. Speaker sir, with those few remarks, I

urge this Assembly to adopt this Report. I call upon Hon. Osman Adow to come and second the Motion,

thank you.

Hon. Osman Adow: Thank you, Mr. Speaker; I would like to second the Motion. I agree totally with

the recommendations and findings of the Committee. We were caught unawares because it was really

below our expectations. What we found there was actually not what we were expecting and what we have

been told.

We are still waiting for the report from the Executive on how much funding was allocated and how

much was used on this project, because it is really not working. Late December my vehicle was vandalized

along Kenyatta Avenue I was so confident and happy that I was going to catch the criminals, but when I

went to the Executive to ask for that particular clip I was told that the Cameras were not working.

So we as Nairobians at the current state we don’t expect much, unless we get the full report from

the Executive on how much money was spent and if the money that was spent coincides with what has

been provided. Right now that’s below standard and expectations. With those few remarks I second the

Motion.

Hon. Speaker: I propose that the Assembly adopts the report of the Sectorial Committee on

Transport and Public Works on the inspection visit to the County control server room of the Close Circuit

Television, (CCTV) Traffic cameras held on 12th February 2015 laid on the table of the Assembly on

Wednesday 18th February, 2015. Hon. Members, Hon. Karen Wanjiku.

Hon. Karen Wanjiku: Thank you Mr. Speaker sir, allow me to register my concerns, the Members

did a good job but it is very hard for me to adopt this report. Security is not the mandate of the County

Government; it is not a priority we already used 400 million for those CCTV and what happened in Muchai’s




case? Did the CCTV show anything? They didn’t and 400 million had already been spent and now the

recommendation of this Committee is that the County Government should increase the number of cameras,

procure and employ more personnel. Why should you waste resources that you don’t have? We are saying

that our wage bill is so high that we are not able to even pay our staff.

As we speak our health sector is crawling, we don’t have drugs even in our primary health

facilities, how then can we sit here as Hon. Members and give CCTV cameras priority when our people are

dying in homes, mothers giving birth in houses because we don’t have enough maternity. It is good that our

first lady led us in the campaign to source funds for mobile clinics. Just imagine, we are running to get this

money. How then can we waste money on CCTV Cameras? This is not a priority, I oppose.

Let them show us what they did with the 400 million we passed in the budget first before we give

them more money and let them make sure every primary health facility in Nairobi County have enough

drugs and Pumwani maternity has linen that mothers can use when they are giving birth, that the

ultrasound in Pumwani Maternity Hospital is working. We cannot give more money to CCTV cameras at

this point. Thank you Mr. Speaker Sir.

Hon. Speaker: Hon. Nancy.

Hon. Nancy Luchiri (Nominated Member): Thank you Mr. Speaker sir for this opportunity for me

to answer Hon. Karen. Am a Member of Health Committee and we should not confuse issues, this is

Nairobi City County and it is a City within Kenya and it is not equivalent to any other County in Kenya. This

is a City where crime is very high, this’s a third world, probably the Hon. Member does not understand the

crime rate in Nairobi.

For that matter, Nairobi should be secure and safe because we expect all the tourists and

everyone to be visiting Nairobi and for that reason even if we invest what amount of money security is a big

issue. Just the other day one of our MCA was taken away in Kiambu and we even don’t know where he’s

right now, if we had Cameras all over that one would have been safeguarded. For that matter I concur with

this report and I would wish that we implement it. Thank you Mr. Speaker sir.

Hon.Speaker: Hon. Tabitha and then Hon. Muga! Women first! Because you are not properly

dressed.

Hon. Tabitha Ndigirigi: Thank you Mr. Speaker Sir, I am here to second this Motion, this is a very

important Motion coming at this important time, as a Member of Transport Committee I was there when the

late Muchai was shot. I am sorry for Hon. Karen that she’s not aware there are two Committees here, the

Committee for Health and the Committee for Transport. We support this Motion because that was the time

the late George was killed and the Committee for Transport did a lot of work by visiting the site (Server

control room) and making sure that we checked everything.




Members should not bring issues of Margret Kenyatta, we are not Members of health Committee.

We want you to take this time to show the Members that they should deliberate on issues related to

Nairobi County not matters related to yourself. Thank you Mr. Speaker sir.

Hon. Speaker: Hon. Munga.

Hon. Member for Kabiro Ward, (Mr. Clarence Munga): Thank you Mr. Speaker for this

opportunity. First let me bring this to the attention of Hon. Karen that in our Committee findings, the

Committee was able to understand that these cameras were installed so that they can capture or assist

traffic flow within the City. They were not installed for security purposes.

Hon. Speaker: Order! Hon. Member are you sure?

Hon. Clarence Munga: Yes I am sure, as in the Committee findings and observation.

Hon. Speaker: That is not what we saw last night on Television?

Hon. Clarence Munga: Let me just read through the observation; that the only forty cameras that

have been installed within the City covering the Central Business District of which seven have since stalled.

The cameras have been mounted on strategic buildings with the ability to rotate and cover a radius of 2

kilometers. Data captured by the cameras can be stored and--- There is a point somewhere indicating that

the system was specifically installed, that is number two, I am sorry. That system was specifically installed

to aid in controlling traffic.

I think that is the observation of quality which Mr. Speaker, the major purpose of installing these

cameras was actually to assist the traffic flow within the City. That is why, for example the ones at

roundabouts only capture the number plates of the vehicles, the one installed at Tom Mboya can tell you

the congestion within Tom Mboya Street. Are you getting my point?



Hon. Clarence Munga: I am saying this, there is a point I am driving to Members, that these

cameras were installed so that they can assist in controlling the traffic within the CBD Mr. Speaker, and for

these Members of the public, even us included, we are held up in traffic within the CBD. For the efficient

control of traffic, we need to ensure that these cameras are in place so that the people manning control

room can be able to detect and give back the information to either the traffic Marshals or the police officers

manning the traffic.




So Mr. Speaker, it is of importance that this department be given more resources so that we can

invest more on these cameras so that traffic can flow and by that, we will be actually ensuring that the fuel

cost which is wasted on road can be saved to be utilized on other needs. Second, the Committee has

recommended that the control room need to be overhauled because the equipment like monitor which is

showing the pictures of what is happening outside is actually a 14’ (inch) monitor. How can a 14 inch

monitor, monitor the entire City? We need to ensure that we have big monitor whereby all those pictures

are being captured by those cameras can be projected there.


Hon. Speaker: Order Hon. Member. This gadget can monitor the whole of Nairobi?

Hon. Clarence Munga: I am telling you what we have now, you see, pictures are coming from

CCTV and they are fed to the monitor, yes that is how the system works. This is a 14 inch monitor, it is

supposed to show 14 cameras on the road where the person who is observing all these is supposed to see

somebody who is very tiny.

Hon. Speaker: Hon. Member, I think you are misleading the Assembly because here you are

telling us to adopt the report of the Sectoral Committee on Transport and Public on the inspection visit to

County control server room. Does that room has nothing to show?

Hon. Clarence Munga: I am saying in that room we have a 14 inch monitor, do you get the point?

There are recommendations that the Committee has made whereby we said under the recommendation---

Just give me time, I think I have time.

Hon. Speaker: Go ahead.

Hon. Clarence Munga: If I am speaking nonsense, let me speak. I have my time. Mr. Speaker, at

the same time, I think we need to increase the number of people manning the control room. We have been

told that they are only four people, two during the day and two are manning until ten at night. We need to

have the control room monitored on a twenty four hour basis. Security is paramount in this City and we

actually can use these cameras---

Hon. Karen Wanjiku: Point of Order Mr. Speaker

Hon. Speaker: Yes Hon. Karen

Hon. Karen Wanjiku: Point of Order 32 Mr. Speaker sir. Quorum during the proceedings of the

County Assembly. Mr. Speaker sir we have no quorum hence we cannot continue with this Motion.





Hon. Speaker: Ring the bell for ten minutes. Clerk please can---. No! No! No! There is no quorum

how do you proceed? Order Hon. Imelda! You cannot move when the bell is being rung! Assembly

Business Committee at the rise of the House. Hon. Members the Assembly is adjourned until tomorrow

2:30 p.m. thank you.

The House rose at 4:35 p.m.

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