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"content": "(National Assembly Bill No.66 of 2023"
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"content": "be now read a Second Time. This is an Act of Parliament to amend the Environmental Management and Coordination Act and for connected purposes, enacted by the Parliament of Kenya as follows– Section 147 of the Environmental Management and Co-ordination Act of 1999 is amended in subsection (2) by inserting the following new paragraph immediately after paragraph (b)– (ba) make provisions for the prohibition of the introduction, growth or maintenance of trees of the eucalyptus species in and along any river, lake, sea or wetland. The principal object of the Bill is to amend Section 147 of the Environmental Management and Coordination Act No.8 of 1999 to permit the Cabinet Secretary to make regulations to prohibit the planting of eucalyptus trees along rivers, lakes, seas and wetlands. This is meant to remove the water-intensive eucalyptus trees from water catchment areas and thus preserve ground water and prevent the reduction of water levels. Hon. Deputy Speaker, the Bill delegates legislative power to the Cabinet Secretary, but does not limit fundamental rights and freedoms. The Bill concerns county governments in terms of Article 110(1)(a) of the Constitution. It affects the functions of county governments under paragraph 10(2) of the Fourth Schedule of the Constitution on the implementation of specific national Government policies on natural resources and environmental conservation. On whether the Bill is a Money Bill within the meaning of Article 114 of the Constitution, the enactment of the Bill shall not occasion additional expenditure of public funds."
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"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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"content": "Hon. Deputy Speaker, the reason I sought to move this particular Bill is that I promised myself something when I became a Member of Parliament. That I would leave a legacy before the end of the term. My legacy, in essence, is to save the rivers of this country, starting with my own home county of Nyamira. It had 11 rivers but, right now, only two have water. The reason for that is the extensive growth of eucalyptus trees along the wetland areas of our rivers. Hon. Deputy Speaker, to put this into context, I will mention some other counties that have also been affected by the growth of the eucalyptus trees along the wetland areas. They are Bomet, Narok, Nyamira as I have mentioned, Siaya, Kisumu, Homa Bay, Bungoma, Kakamega, Busia, Kiambu, Nairobi, Machakos, Mombasa, Kilifi, Kisii, Vihiga, Nyandarua, Meru, Nyeri, Kericho and Kirinyaga. Almost half of the country is affected. Therefore, the aim of this proposal is to amend Section 147 of the Environmental Management and Coordination Act (EMCA), 1999, by introducing a clause that prohibits planting, growing or maintaining of the eucalyptus trees species in and along any rivers, lakes and wetlands. To add on to that, from the scientific research that has been done, that particular eucalyptus tree and its species consumes an average of up to 90 litres of water during the wet season, and draws up to 40 litres of water during the dry season. It is very intense in its activities. Also, the leaves of the eucalyptus tree do not degenerate. In essence, they do not dissolve to being manure for our soils. You have to burn them. This means that any life form that is found within the rivers cannot be sustained. The eucalyptus are the most widely cultivated trees in the world. The genus eucalyptus comprises more than 900 species and various hybrids and varieties. Most eucalyptus trees grow naturally in Australia and in Kenya. That particular tree was introduced in 1902 to provide fuel wood for the construction of the Kenya-Uganda railway. Hon. Deputy Speaker, the total area under eucalyptus in Kenya is about 150,000 hectares that is distributed in gazetted forests, land owned by large private companies, small scale farmers and local authorities. The area under eucalyptus is increasing at a very high rate because of its high demand for poles to be used for electrification, construction, fuel wood, and to increase the forest cover. A perceived ready market for eucalyptus product has motivated farmers to grow the species and yet, the extensive growing has led to the concern I am raising, especially along our wetland areas. Our country faces an escalating crisis of water security with major water towers such as the Mau Forest, the Mt. Kenya Aberdare ranges, Cherangany Hills, and Mt. Elgon that feed into vital catchment areas coming under severe threat. Climate change and human activities, particularly the cultivation of eucalyptus trees close to water bodies, contributes to the diminishing river flow and eventual drying of rivers. I mentioned that in my home county of Nyamira, 80 per cent of the rivers are nearly extinct. This amendment comes at a very opportune time for us as a country because we are currently discussing Cop29 in Baku, Azerbaijan. Kenya is leading the African delegation in terms of: \"How do we convert climate change into climate action?\" This is relevant for us because we are not only talking about climate change, but also about an actual action that is being done by Members of this House to ensure that there is a posterity document in place. I am talking of an Act of Parliament that will ensure that we safeguard the rivers in this country. This is not only for us, but for generations to come as well. The young people of this country have to be made aware that, if we do not take action in terms of climate change for our country, then we are not helping the problem; neither are we helping the future generations. Hon. Deputy Speaker, the reality is that our growing water demand and water scarcity have become an utterable challenge. Climate change, population growth, urbanisation, water pollution and poor management of water resources have aggravated the water crisis; thus, affecting economic activities, food security, education and health. There has been an environmental and community outcry in many countries which are suffering the negative effects of eucalyptus trees that are planted along water resources. Environmental degradation,"
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"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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"id": 1495948,
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"content": "especially water scarcity, is a global concern, with international organisations like the United Nations International Children’s Emergency Fund (UNICEF) predicting that close to half of the world's population will be living in areas facing water scarcity as early as next year, 2025. At the centre of this rising crisis is invasive trees like the eucalyptus species. Research evidence has revealed the vesting impact the tree has in several countries. In 2023, a study in Ethiopia alluded to the fact that the rapidly expanding areas with eucalyptus on farmer’s fields affected the blue water supply downstream. Other examples are the water wells in India and Zimbabwe that reported between 25 to 37 per cent reduction in a span of three to five years after planting of eucalyptus trees close to the rivers. Other countries, including Portugal, Spain and Rwanda, have banned eucalyptus trees completely. Portugal started the shift in 1990. Rwanda took the decision to ban the tree species in 2009, while Spain commenced what they called 'de-eucalyptulising' in 2018 and actively resorted to replanting other tree species - including the native ones – thus helping to boost the chances for nature to recover some of its resistances. All those countries have embraced other equally economically useful tree species that are friendly to the environment and protect the earth and its inhabitants. During my research and working with the experts in the environmental space, I found that one of the trees that has been recommended as a replacement for eucalyptus is the bamboo tree. The reason for that is that the bamboo tree has equal economic benefits as the eucalyptus tree, but it is more friendly towards the environment, especially the wetland areas. It is our moment to follow suit in Kenya. The future management options of eucalyptus species call for interventions that must be regulated and coordinated at national level, and then cascaded to the counties. That legislation is long overdue. In 2009, the late Hon. John Michuki, the then Cabinet Secretary for Environment and Forestry, ordered eucalyptus to be uprooted from water riparian areas. Despite the ban on planting of eucalyptus, that directive was not successfully implemented because there was no back-up of the law. Therefore, the regulations could not be implemented by the Cabinet Secretary. Hon. Deputy Speaker, when it is passed by this honourable House, the proposed amendment will allow the Cabinet Secretary to make specific prohibitions on introduction, growth and maintenance of the eucalyptus species in Kenya. This will align and cement the existing climate change and sustainable environmental conservation regulation framework to achieve a more resilient eco-system. In terms of public participation, I conducted a community focused engagement in my home county, which I use as a pilot scheme: “The Super MP Football Tournament.” It had a running theme dubbed: 'Reviving our Rivers.” We ensured that young people who participated in that tournament planted alternative trees before they began the football game. For a period of four weeks, there was intense discussion about that particular aim of reviving our rivers within Nyamira County. Three weeks ago, there was another public participation exercise that was conducted in Kilifi County whereby stakeholders also agreed that following the passing of the amendments, the Government, private sector and civil society will collaborate to achieve the goals that are outlined in the Bill to promote sustainable development. I had an opportunity to also present this particular Bill before the Departmental Committee on Environment, Forestry and Mining. The Committee had an opportunity to conduct widespread public participation, including engaging the experts in the environment space and they approved this Bill to proceed. The Environment Management and Coordination (Amendment) Bill, (National Assembly Bill No. 66 of 2023), is essential to protect our water resources. I recommend that the national institutions that are mandated to manage forests and water catchment areas like the Kenya Forest Service (KFS), the Kenya Forestry Research Institute (KEFRI) and Water"
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"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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"content": "Resource Authority (WRA) provide site-specific alternative trees such as the bamboo tree and other native species to replace the eucalyptus entirely. As I conclude, let me say that this Bill concerns county governments in terms of Article 110 (1)(a) of the Constitution. I will be making further communication, through the Speaker, on the co-sponsor of this Bill in the Senate. I just want to reach out and express to Members that the country needs to take action so that we can protect our fields and rivers. That can be done by putting laws in place to ensure that we protect our environment. Hon. Temporary Speaker, I will finish with a quote from a French proverb: 'We never know the worth of water till the well is dry.\" I submit. Let me call upon Hon. Jane Kagiri to second. Thank you."
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"content": "(Hon. (Dr) Rachael Nyamai): Hon. Jane Kagiri, please, proceed to second the Bill."
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