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"content": "Natural Resources, Local Authorities, Public Works and Housing chaired by Hon. Mutava Musyimi in the Tenth Parliament stopping all evictions and demolitions. Mr. Temporary Speaker, Sir, the Committee is not aware of the directive. The second question was:- (2) When will the Government implement the recommendation of the Joint Committees tabled in the Tenth Parliament? Mr. Temporary Speaker, Sir, the recommendations of the Joint Committee have not been brought to our attention as there is no communication to that effect. The third question was:- (3) Whether the Committee is aware that the demolished structures, including churches, schools and residential homes along the Southern Bypass, were far from the road reserve, some as far as two kilometres away? Mr. Temporary Speaker, Sir, the answer is, all the demolished structures were within the Nairobi Structure Plan No.4/2/28/85/9 of 5th June, 1985. In this structure plan, a railway reserve and a road reserve were set aside for future construction. However, it is important to note that no churches were demolished apart from the structures on Nairobi block 72/3079 and LRNo.209/11630 which were encroaching on the road reserve. Moreover, it is not true that the structures were two kilometres away from the road reserve. The churches, though not demolished, were on the road reserve. Mr. Temporary Speaker, Sir, the fourth question was: (4) Why did the Kenya National Highways Authority demolish Talent Academy, a private school in Lang’ata, despite a High Court order issued vide Case No.ELC879 of 2013, restraining the Authority from demolishing it? At the time of demolition of Talent Academy, there was no such court order. Otherwise, the buildings would not have not been demolished. Talent Academy was encroaching on the land set aside for the road reserve. Mr. Temporary Speaker, Sir, the other question was: (5) Who authorized the demolitions and were the required notices given? If so, could the Chairman table copies of the documents? Mr. Temporary Speaker, Sir, the Government of Kenya represented by officials of the Ministry of Infrastructure and Transport authorized the demolitions. This was pursuant to Gazette Notice No.3632 of 6th June, 2003 by the former Minister for Roads, Public Works and Housing on encroachment of classified road reserves. Further to this notice, a public notice was again issued by the former Minister for Roads, Public Works and Housing on encroachment of classified road reserves and among those roads listed in this notice was the Nairobi Southern Bypass. This notice was in the Kenya Times of 6th August, 2003. Mr. Temporary Speaker, Sir, the last question was:- (6) Are there any plans for the Government to compensate the affected landlords, as provided for in Article 40(4) of the Constitution? Mr. Temporary Speaker, Sir, the affected landlords had constructed their buildings on land set aside for road and railway reserve. In the circumstances, they cannot be compensated as there were clear plans, including the type of land use for the area in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}