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"type": "speech",
"speaker_name": "Pokot South, JP",
"speaker_title": "Hon. David Pkosing",
"speaker": {
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"legal_name": "Losiakou David Pkosing",
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"content": "It provides for predictability, both for the landlords and tenants. You cannot be living in a house and tomorrow upon waking up, someone tells you they have increased the rent by 100 per cent. This will not happen when this critical Bill comes to effect. If you proceed further in Part IV of the Bill, it provides how eviction orders come into effect. This is because there might be some rogue tenants who do not want to pay rent and this is provided for here and in page 7 of our Report. This Part further provides for the powers of the tribunal in matters relating to eviction. This has been detailed in terms of powers of the tribunal. If you proceed further in Part IV of the Bill, it contains miscellaneous provisions which of course include, how to serve documents, enforcement of orders, prosecution of offences, distress for rent, disposal of property by the landlord upon death or abandonment of the premises by a tenant and the power to make rules and regulations. I would like to mention as I second this Bill which is very critical for the debate of the House. That the Bill delegates powers to two people, one is the Cabinet Secretary responsible for Housing and the Chief Justice. The entire Bill and our Report have delved into these issues. So, did we do public participation as required by the Constitution? Yes, we did. For the record a number of people made presentation and came before the Committee for us to synergise and we came up with a number of concerns which I will present in a short while. Who are they, I will just mention a few for purposes of record and understanding? Apart from individuals, the following organisations appeared before the Committee; License Auctioneers of Kenya. Of course, you would expect auctioneers to come because they would like to hear what is in this Bill and where they come in because auctioneers are very critical in auctioning people’s houses and this Bill addresses how they should do this. Further, a Civil Society Reference Group appeared before the Committee, National Gender and Equity Commission (NGEC), Institute of Surveyors of Kenya (ISK), FSD Kenya, Kenya Private Sector Alliance (KEPSA), Institute of Certified Public Accountants of Kenya (ICPAK), among government organisations, like the State Department for Housing, State Department for Trade, the Rent Restriction Tribunal, which is being dissolved to form another one. Also, the Business Premises Restriction Tribunal and the Office of the Attorney-General. Various concerns were raised and we went through them. I would like to highlight just a few because of time. Of course, at the end we would have consolidated and provided solutions for the issues raised by the public and that is in page 23 of our Report. During the Committee of the whole House, there will be the amendments. What were the critical issues that came from the 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."
}