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{
"id": 280970,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/280970/?format=api",
"text_counter": 236,
"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
},
"content": "Mr. Speaker, Sir, the Ministry of State for Defence, and the Ministry of Lands, wrote back to me and stated that they were not involved in the exercise and they were, therefore, not in a position to provide any Statements. The Ministry of State for Provincial Administration and Internal Security, and the Ministry of Local Government, responded as follows:- The problem of illegal structures encroaching on airports’ land and flight paths started way back in 2004, with complaints from various airports within the city. Several complaints have been addressed to the Provincial Administration by members of the public on the threats posed by many of these illegal structures. Over the years, the KAA issued notices to people settled on those lands to vacate but their occupants never complied and instead more structures were erected and the population increased tremendously. By a letter dated 19th October, 2009, the National Security Advisory Committee (NSAC) directed the Provincial Security and Intelligence Committee (PSIC), Nairobi; to liaise with the KPA to demolish structures in Mitumba and Maasai Villages, and all other structures surrounding the airports. This necessitated a security mapping exercise, which was done by the Nairobi PSIC, on the security challenges posed by illegal structures adjourning the flight paths in the three airports. These are classified as potential hotspots. This informed the setting up of a multi-sectoral committee, which brought together the PSIC, the KAA, the City Council of Nairobi (CNN) and the Kenya Civil Aviation Authority (KCAA). The role of the Provincial Administration was to facilitate the exercise by virtue of being the chair of the Security Intelligence Committees. The role of the PSIC in demolitions, therefore, was basically to provide security backup to the parties seeking to demolish structures encroaching on its land. Broadly speaking, therefore, the role of the Provincial Administration is – and in this case was – to ensure security and safety of persons and property. The Moi Air Base is a very important military installation in this city. The security of the base’s operations is important, especially because of the recent influx of refugees within the larger neighbourhood and the threats of terrorism posed in our region. Several illegal developments have been identified within the restricted areas of the Moi Air Base and its general neighbourhood. The building next to the landing point of the Air Base was located off First Avenue, Seventh Street, Eastleigh, opposite the California Estate. The building, so critical to operations of aircraft landing because of its balcony, protrudes across the Air Base fence. The building was already, at the time of demolition, occupied. Development had been approved by the City Council of Nairobi (CNN) for three levels but this building was built to four levels, thus rendering the development illegal. The occupation of the building had been undertaken without the authority or the knowledge of the Air Base and was, therefore, highly suspect in as far as the security organs were concerned. This building was along the flight funnel and often, aircraft had to overshoot the landing point to avert any danger posed by this building. With regard to buildings near the gate of Moi Air Base, these developments were located to the West of the Air Base. They were accessible from First Avenue. They comprised a development which is beyond the approved policy of up to two levels because they border the Air Base’s restricted area. The windows of these buildings critically overlooked the Air Base. Above all else, these developments encroached onto the Air Base’s own land. On the building located on the 13th street, this development is illegal. It was implemented contrary to the Nairobi city Council’s approval, it being five levels. The development critically interferes with aircraft communication with the Air Base facilities. The development is a major Air Base security concern. Its height can easily facilitate malicious intent of harming the operations of the Air Base aircraft. The development was to be removed completely as a matter of priority. The landing of the Presidential jet on this Air Base has recently presented a major challenge to the pilots, not only due to the size of the aircraft but particularly because of the proximity of the buildings in question to the runway. Therefore, this building poses a clear and present danger to the peace and security of the Chief of Staff of our Defence Forces. Secondly, the Air Base is also a training institution for pilots, and the building is a major threat to instruction of learner pilots. The developments in Eastleigh which were affected by the demolitions had been identified as having been interfering with the safety and security of the Moi Airbase, Eastleigh. As a result, an inventory of the development showed that either the building structures did not have the approvals necessary or were developed contrary to the approvals or irregularly encroached on the military airbase land. On the basis of the foregoing non-compliance with the law, especially the Physical Planning Act, the Civil Aviation Regulations which also cover military flight operations, the Government directed that the structures be dealt with in order to restore and ensure the safety and security of the aircraft operations in and out of this airbase. Mr. Speaker, Sir, in actual fact, the Government consistently owned up to the demolitions, including directing and supervising the exercise for the reasons that I have indicated. Prior to the operation, enforcement notices had been issued to the respective building/structure owners within the provisions of the Physical Planning Act, Cap.286 of the Laws of Kenya. To date, some of the non-compliance structures still stand in certain areas around the airbase because the operation ceased during the Departmental Committee on Land and Natural Resources and Administration and National Security proceedings and partly because some of the owners have since obtained court orders. Thank you, Mr. Speaker, Sir."
}