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{
    "id": 503385,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/503385/?format=api",
    "text_counter": 158,
    "type": "speech",
    "speaker_name": "Hon. Barua",
    "speaker_title": "",
    "speaker": {
        "id": 1529,
        "legal_name": "Ejidius Njogu Barua",
        "slug": "ejidius-njogu-barua"
    },
    "content": "the National Environment Council. Abolishing this Council and transferring its functions to the Cabinet Secretary (CS) is tantamount to concentrating powers in the Cabinet Secretary as opposed to devolving powers and responsibilities. This Bill also proposes the abolition of the Public Complaints Committee. This Committee is one of the most important organs, which are creations of the Environmental Management and Co-ordination Act. Without the Public Complaints Committee in force, it will mean that the common man and woman in the street will have no mechanism through which to air their complaints on environment. As the previous speakers have said, the court system is not accessible by the majority of Kenyans. In fact, most Kenyans have not been sensitised enough to know that they can get redress on environmental issues from the court system. Secondly, court systems are very expensive. They are beyond the reach of many, hence the importance of this Public Complaints Committee. Hon. Temporary Deputy Speaker, as it is now, even one has to go to the Land and Environment Court; it will be very time-consuming, and cases could take more than several years. Some issues of the environment which are taken to the PCC are those that require urgent attention. Maybe, it is burst sewer, or somebody polluting a neighbour’s environment. That cannot wait for the court system. That one must be addressed on the spot. That is why I want to say that this issue of the abolition of the PCC must be rethought, and the committee must be put in place. In fact, I am of the view that this committee should be strengthened, so that it can execute its mandate effectively. The law we have is adequate for environmental management in this country; what is happening now is that the institutions we have created under the Environmental Management and Co-ordination Act (EMCA) are not performing to maximum capacity. It is important that this House looks at what is necessary even if it means allocating more resources to the Ministry of Environment, Water and Natural Resource to ensure that it is possible for the mandates of these institutions to be executed. Several hon. Members have mentioned things like wetlands. As it is now, wetlands in this nation are being destroyed through unsustainable farming practices. I want to tell this honourable House that wetlands are the lungs of the earth. Without wetlands, our rivers are going to dry up. If charcoal burning continues uncontrolled, it is going to cause more and more land degradation and threats to the existence of the human race. As hon. (Dr.) Ottichilo has said, environment is life; I want to emphasise the same that the biggest disaster we may have in the future will come if we do not take care of our environment. We are trying to align the former Act to the provisions of the new Constitution. When this one is done, it will mean that we shall have many grassroots organs which shall participate in conservation management and reporting. So, when you have these 47 committees in 47 counties, it will be much easier for us to compile the state of environment report in time hence the nation will be able to act quickly and effectively on emerging environmental threats. Right now, because of the incapacity that we have in as far as reporting is concerned, the nation is not able to take action on this, which I am sure would improve the situation. The other issue I would like to mention is on environmental impact assessment; my proposal on this is that the environmental impact assessment is an important tool because it provides mitigation of possible adverse effects on the environment. I heard the 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."
}