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{
    "id": 373659,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/373659/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Hon. Omulele",
    "speaker_title": "",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "Hon. Speaker, the guiding principle in a matter like this one would be found in the case that was rightly cited by my brother, Augustino Neto – the Ryland versus Fletcher case of 1869. In that case, the facts were on all folds similar to those cited by the Mover of the Motion. Mr. Fletcher had accumulated upon his land a huge volume of water, and this water somehow found a way and escaped from his land and permeated into the land of his neighbour, one Ryland. Mr. Ryland’s crops were, therefore, destroyed and swept away by the water that was flowing from the land of Mr. Fletcher. There from, emanated this case, which went to the House of Lords. The Rylands versus Fletcher case emanated from this situation and it went up to the House of Lords and it was determined. The House of Lords came up with a principle which ought to guide this country in situations like this. The principle states that he who accumulates a dangerous thing upon his property must take care of that dangerous thing and if that thing escapes then the person who kept it must pay for the consequences of the destruction brought about by the dangerous thing. So, the law is clear on this. Compensation in this situation is not a question. It is a certainty. It is a matter of strict liability. KenGen and TARDA must not be allowed by whatever sort of imagination that they can avoid compensating the people whose crops and livelihood they destroy by letting this water flow onto their land. We must send this message to them in very clear and unambiguous terms. The law is clear and they must compensate. The people of Tana River and others affected by this must come up with a list---"
}