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"speaker_name": "Sen. Mutula Kilonzo Jnr.",
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"content": "Mr. Speaker, Sir, I am extremely disappointed by the response by the Ministry, particularly on consultation. In fact, by the time I requested for the Statement, the Nandi Governor had objected to the lifting of the moratorium. I want a clarification from the Cabinet Secretary (CS) as to when he consulted the county governments and if he could provide this Senate with records of those consultations. Under Article 72 of the Constitution, Parliament is required to make legislation on the management of the environment under Articles 69 and 70. Therefore, the regulation cited by the CS is to a large extent unconstitutional. Is the Cabinet Secretary aware that the forests that are referred to in the moratorium fall under Article 62 of the Constitution which is public land? Those forests are held by the national Government in trust for Kenyans and are supposed to be managed by the National Land Commission (NLC). Is the Cabinet Secretary aware that the purported approval of felling of trees in the national forests by the KFS is unconstitutional? The felling plan 2012/2013 purports that in the answer that Environmental Impact Assessment (EIA) reports are too expensive and, therefore, the Cabinet is suggesting that they would fell the trees and then look for an EIA. Is the CS aware that under the law, the felling of trees is supposed to be done after the EIA report has been done? I would like the CS to provide this Senate with evidence that the consultations with Kenya Water Towers Agency and the county governments has been done and why the CS thinks that it 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."
}