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{
"id": 1381792,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1381792/?format=api",
"text_counter": 294,
"type": "speech",
"speaker_name": "Sen. Mungatana, MGH",
"speaker_title": "",
"speaker": null,
"content": "Secretary, Hon. (Prof.) Kithure Kindiki, had to come, so that he could give assurance that the issues will be resolved. The Regional Commissioners (RC) for Eastern Province, former Eastern Province, Tana River and Garissa, held a meeting together with the RC for the Coast Province. They tried to resolve the problems, but the tensions continue to date. We are dealing with a serious matter. When you look at the provisions that have been mentioned – I do not want to go clause by clause – some of the biggest omissions in this Bill is that we have set up a mediation committee, but we have not set up its powers. What is it that they can give? If you are a mediator, you have to be given powers. Do you have powers to compensate for loss? For example, in Tana River, lives have been lost. When conflicts occur, people use bows and arrows and people have died in the process. Does this mediation committee have the power to order for compensation? Where there is agreement that you have encroached on the original boundaries of Tana River County, are we going to be paid for the schools that were burnt down in Kalalani Area? Mr. Deputy, Speaker, Sir, this law has a huge gap in terms of the powers of the mediation committee. These are some of the things we need to set up so clearly, so that the people we represent can feel appreciated and that we are passing a law that is going to serve them. If you tell people that to change a boundary, you need to go to the Senate and the National Assembly and get two-thirds majority voting, you will be simply telling them that boundaries will never be changed. If that is the case, then let us say it in the Bill; that the District and Provinces Act of 1992 is not going to change. However, what we are going to change, are compensatory mechanisms. Let us put our heads together. We have many clever people in this Senate. If we applied our minds to get ourselves here, and by the grace of God we are all here, I am sure we can crack the problem. The problem, as has been mentioned, is revenue collection. Can we agree that boundaries are there, but the revenue for border towns should be shared in a ratio, say 50:50 or 60:40? For those who have lost property or lives of the loved ones, compensation mechanism must be created, so that when this Bill passes, the people of Tana River will say there is a law, which will enable them to go to the mediation committee to be compensated for loss of their houses, shambas or schools that were built using the National Government-Constituencies Development Fund (NG-CDF) money, but got burnt. I think there is a huge gap. The other power is to redefine the areas or make it clear. The relevant Cabinet Secretary has been given power to put electronic marks to define these boundaries. When the Mover was moving this Bill, he said that some of the boundaries have been set up using physical marks. People are talking about River Tana and how it is flowing. If you say that the boundary between Garissa Town and Tana River is three kilometres away from the river, the river changes it course. During floods, it goes this way and when there are no floods, it goes the other way. So, where is the boundary? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Director, Hansard Services, Senate."
}