Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1064668,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064668/?format=api",
    "text_counter": 28,
    "type": "speech",
    "speaker_name": "Maara, JP",
    "speaker_title": "Hon. Kareke Mbiuki",
    "speaker": {
        "id": 79,
        "legal_name": "Japhet M. Kareke Mbiuki",
        "slug": "japhet-kareke-mbiuki"
    },
    "content": "subsequently committed to the Departmental Committee on Environment and Natural Resources for consideration pursuant to Standing Order No.227. (i) Petition regarding the de-gazettement of 400 yard-strip in Ngong Hills Forest for settlement by the Hon. George Sunkuiya, MP. (ii) Public petition regarding mapping, demarcation and de-gazettement of land within Kodera Forest by the Hon. Charles Ong’ondo Were, MP. (iii) Public Petition on gazettement of Kitalale Forest Settlement Scheme by the Hon. Caleb Hamisi, MP. (iv) Public petition regarding settlement and compensation of families, dispossessed of land in Vihiga County by the Hon. Charles Gimose, MP. (v) Public alteration of the Marsabit Forest by the de-gazettement of 60 acres and de- gazettement of the entire 112,998.9 acres of the indigenous Mt. Kulal Forest by Captain Abdullah Molu Mamo (Rtd) and 42 others. Hon. Speaker, the Committee is seized with the public petition on variation of boundaries of Ngong Road Forest to excise 34 acres of the area of land upon which KMA Estate, Langata Garden Estate, Langata View Estate, Sharon Estate and St. Mary’s Estate, Forest Edge View Estate, Langata Women’s Prison, Police Dog Unit, Bomas of Kenya, Kenya Broadcasting Corporation (KBC), Wildlife Clubs of Kenya and the Insect Physiology and Ecology are located pursuant to Section 34 of the Forest Conservation Management Act, No.34 of 2016 by Hon. Nixon Korir. Hon. Speaker, allow me to, however, inform this House that to date, the Ministry of Environment and Forestry has been reluctant to respond to the said petitions on the ground that the petitions were forwarded for consideration by the National Assembly without the recommendation of the Kenya Forest Service as required under Section 34(2) (a) of the Forest Conservation and Management Act 2016. Hon. Speaker, that is why we have a bone of contention because Section 34(2) (a) indicates that for any Member to forward any petition on the variation of boundaries, they must seek the consent and approval from KFS before the House is seized with that particular matter. That is why we are seeking your guidance so that you can guide us accordingly as a Committee on how we need to handle this issue. A close reading of Section 34(2)(a) indicates that this provision requires all petitions for variation of boundaries or revocation of public forests must be approved by KFS before they can be considered by this House. It appears that subsection 2(a) is couched in mandatory terms to the extent that there is use of words: “Shall only be forwarded to the National Assembly on the recommendation of KFS.” Hon. Speaker, Article 25(2) of the Constitution provides that one of the functions of this House is to deliberate and resolve issues of concern to the people. Further, Article 119(1) of the Constitution provides that every person has a right to petition Parliament to consider any matter within its authority including to enact, amend or repeal any legislation. A reading of Article 95(1) and 119 clearly reveals that the right to petition Parliament may not be stifled. Hon. Speaker, we further note that Section 34(3) provides that a petition made under subsection 1 shall be considered in accordance with the provision of petitions to Parliament, (Procedure) Act and Standing Orders of the relevant House. It is in this regard that we observed that neither the petitions to Parliament (Procedure) Act nor the National Standing Orders of the National Assembly provide for the manner of consideration of petitions to vary boundaries of forests which in our considered opinion are not 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."
}