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{
    "id": 1073983,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1073983/?format=api",
    "text_counter": 150,
    "type": "speech",
    "speaker_name": "Sen. Mwaruma",
    "speaker_title": "",
    "speaker": {
        "id": 13223,
        "legal_name": "Johnes Mwashushe Mwaruma",
        "slug": "johnes-mwashushe-mwaruma"
    },
    "content": "“Any person who suffers loss or damage to crops, livestock or other property from wildlife, specified in the Seventh Schedule hereof, and subject to the rules made by the Cabinet Secretary, may submit a claim to the County Wildlife Conservation and Compensation Committee, who shall verify the claim and make recommendations as appropriate and submit it to the Service for due consideration.” Madam Temporary Speaker, I find this a bit difficult to implement where it States: “Submit a claim to the County Wildlife Compensation Committee who shall verify the claim and make recommendations appropriate to the Service”. What the Service is supposed to do is to consider whether to compensate or not. To me, that is problematic. I am seeking to amend that Section by deleting the words “due consideration by the service” appearing immediately after the words “the service for” and substituting thereof the words, “for the purpose of processing the payments for compensation.” Madam Temporary Speaker, why do we establish wildlife compensation committees if again there would be another arm that would go and do consideration for compensation? According to me, once the County Wildlife Compensation committees make recommendations and they have done the valuations and all that work, then whatever report is submitted to the Ministry of Tourism and Wildlife and Kenya Wildlife Service (KWS) should be for processing payments not due consideration. This word “due consideration is problematic”. That is why we are having claims running back up to 2012, which have not been paid up to now yet they are deserving cases. People are suffering and losing livelihoods and nobody is caring to compensate them because of such ambiguous clauses. In the same Clause 5 (c) in the amendment Bill, it should read “by inserting the words “within 12 months” immediately after the words “award and pay” in the introductory clause.” Madam Temporary Speaker, again I am insisting on putting timelines in this Bill because it removes the ambiguity. We cannot wait for a compensation infinitesimally. Once you make your claim, you need to know after how long you can be paid. Otherwise, if we do not put such clauses then we cannot go to courts to compel the Government to compensate these hard working citizens who have been impoverished by lack of taking responsibility by the Government of the day. This is to make sure that our people earn from their hard work. The same Clause 5 (d) seeks to delete the word “either appearing immediately after the words “of compensation by” and immediately after the words “and compensation committee.” I think that would be rather straightforward. Madam Temporary Speaker, Clause 6 of this amendment Bill seeks to amend Section 76 of the principal Act. Section 76 talks about the guidelines on incentives and benefit sharing. This is a very important Section in that, it speaks to how the communities living within the conservation areas are supposed to benefit. Section 76 talks about 5 per cent that should go to the communities that live around the conservation areas. The communities living around the conservation areas are supposed to get 5 per cent of whatever is collected. Unfortunately, up to now, they are not getting anything."
}