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{
"id": 1384004,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1384004/?format=api",
"text_counter": 836,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Rasso",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker, for giving me this opportunity. Reading this Bill and having listened to the Chairman yesterday, we should not, as a House, legislate in vain. To say, on the one hand, that this Bill appears not constitutional in terms of the myriad of issues it introduces, and on the other side, we come out to say that this Bill has some good things; from my understanding as a legislator, there is no point of bringing laws to the Floor of this House when they are not properly cooked or ripe enough for us to make sense out of them. The worldview of the originators of this Bill is the counties because that is where those resources are found and managed. Individuals at the counties will be asked in the end how those resources will be applied. Hon. Temporary Speaker, this Bill brings me to Article 204(2) and (4) on the Equalization Fund. The reason we have so many problems in terms of the application of the Equalization Fund is that, on the one hand, you say it should address the issues of marginalized areas and groups so that they are brought to the same level as those other relatively more developed areas. However, at the same time, Sub-article (4) says that the Commission on Revenue Allocation (CRA) will decide. That is why the people in Nairobi say that they are marginalized today. Who marginalized them when everything in Kenya is in Nairobi? The originators of this Bill are so much consumed by creating an authority and a board that will manage this. Hon. Temporary Speaker, on the issue of benefit sharing, we have the problem of Lake Turkana Wind Power in Marsabit, where I come from. The county government then allowed a company to start that project. It is a major world standard project, but with very little consultation from the resident community. That matter is still in court and yet, the company is transmitting almost 360 megawatts to the national grid. Whereas this Bill is important, it should not conflict with existing statutes and Acts of Parliament. We say that we have a Petroleum Act, which is among the oldest acts in this country, particularly in the energy sector. Are we going to shelve it and come up with some new laws? We have the Water Act. God forbid! What will happen if the residents of Murang'a wake up one morning and say water from Ndakaini should not come to Nairobi? It is important to make laws, but we must make good laws that do not conflict with the existing laws. For those of us who come from the Arid and Semi-Arid Lands (ASALs), those are the frontiers of Kenya's future development where we will likely get minerals, wind power, solar, and all kinds of things, including groundwater. We have benefited from the rest of Kenya since Independence but, suddenly, something new has been discovered in our region and so, we say it is ours and not for the rest. Which Kenya are we living in? Hon. Temporary Speaker, currently in Dabel, Moyale Constituency, some locals have discovered gold. They are mining it on a small scale. One of the issues that disturb the resident community is land degradation and pollution. Many people move to an area that can only support so much of the population in terms of water and basic amenities. The locals are asking who must take the responsibility. The County Government of Marsabit says that is none of their business. The Ministry of Mining, Blue Economy and Maritime Affairs is not taking appropriate measures to ensure those people are safe, doing the right thing, and the environment is not unfairly degraded. Things must be applied to benefit both the exploiters of those minerals and the local community. Hon. Temporary Speaker, when a Bill or an element of a Bill is suggested, that is why we have the Omnibus so that it tweaks or suggests an amendment to an existing law. When that law does not exist in its entirety, we can come up with a new Bill that becomes a new law. From where I sit, I appreciate the Chairman. As he moved this Bill yesterday, he strained to say they have rejected it. Many are sympathetic to this particular law. He said we let the House decide. Therefore, as somebody from the ASALs, where most of those resources will likely be 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"
}