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{
    "id": 503348,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/503348/?format=api",
    "text_counter": 121,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "not necessarily be with the Committees per se, but also the House Business Committee should consult with the Chairmen of the various Committees to know at what stage they are deliberating the Bills, so that Reports can be brought to the House. Nevertheless, this is one of the Fourth Schedule Bills that the Legislature is required to pass. I have looked through the Bill and I notice it is a good Bill generally, but it requires some panel beating. One of the things that I notice is that it dissolves various establishments that are contained in the same Bill, particularly the National Environment Council and transferring its functions to the Cabinet Secretary. This is prudent because Article 2(1) of our Constitution requires that State resources be used well. Therefore, dissolving these establishments is key and necessary. I also notice that there is disbandment of Provincial and District Environment Committees and the constitution of County Environment Committees in accordance with Chapter 11 of the Constitution. This is also important considering that we now have county governments, which also need to be involved in the management of the environment because it is within those counties that we have most of our populace. I consider this an important amendment to this Bill and more importantly, because we no longer have provinces or districts as they used to be. I also noticed the disbandment of the National Environment Action Plan Committee, and it confers its functions to the authority. The importance of this, in my understanding is that, the action plan committees should be based at the counties so, this Bill is important. However, I take great exception to the dissolution of the Public Complaints Committee, which is said to be dissolved and its functions transferred to a department within the Ministry of Environment, Water and Natural Resource. I take issue with these amendments. Article 47 of the Constitution talks about fair administrative action, which requires that we do things expeditiously, efficiently, lawfully, reasonably, procedurally and in a fair manner. Therefore, dissolving this kind of a committee and transferring functions to a mere department in the Ministry of Environment, Water and Natural Resource is not fair. Article 47 says that Parliament enacts legislation in order to give effect to the rights of fair administrative action, it provides for review of administrative action by a court or an independent and impartial tribunal. If you say you that you want to dissolve a Public Complaints Committee, then you are killing or doing something converse to fair administrative action, which is not fair. When we talk about a Bill that is supposed to enhance penalties for willful pollution of the environment by various entities, we cannot talk about bringing penalties, while on the other hand we are removing the standing Public Complaints Committee. Hon. Temporary Deputy Speaker, we have a lot of pollutants within our environment. We also have a lot of degradation on our environment; dumping and many others. We are a country that is still grappling with issues of etiquette and environmental conversation. Therefore, we need to make a law that will not only take care of the environment, but also be consonant with the constitutional provisions that require us to make a law that relates to our people. 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."
}