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{
    "id": 1011445,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1011445/?format=api",
    "text_counter": 62,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Kabaka",
    "speaker_title": "",
    "speaker": {
        "id": 13206,
        "legal_name": "Boniface Mutinda Kabaka",
        "slug": "boniface-mutinda-kabaka-2"
    },
    "content": "Thank you, Mr. Speaker, Sir, for giving me this opportunity to also air my views. It is amazing how things are done in Africa. All the Senators who have travelled to foreign countries have seen the kind of standards of the roads there. Roads in those countries outlive the current population. Some go for over 100 to 200 years, but in Africa, the way things are done, everything is lopsided. If you look at the contracts of the roads, you realise that there are clauses--- Those in legal professions will tell you that in the law of the tort, there is the tort of negligence against the independent contractors. They have duty of care towards the client and citizens of the country where they are given the contracts. I also apportion the big blame to the Kenyan engineers, especially civil, structural and mechanical engineers, who issue certification for completion of these roads. As the Senator of Mombasa has said, the Dongo Kundu Road has exhibited some cracks, potholes and all that. It means that the negligence is there. In the Law of Torts, again, there is the doctrine of res ipsa loquitur, which means the things speak for themselves. In that kind of negligence, one does not need to prove the--- In future, it is not enough to disband the Kenya National Highways Authority (KeNHA) or those bodies; we need them. I think it is high time we amend the Penal Code, so that we prefer criminal liability against the errant professional engineers and"
}