HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 530588,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/530588/?format=api",
"text_counter": 28,
"type": "speech",
"speaker_name": "The Senate Majority Leader",
"speaker_title": "",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
"slug": "kipchumba-murkomen"
},
"content": "(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg that the Environmental Management and Co-ordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) be read a Second Time. Before I move this Bill, I apologise. My voice is a bit distorted as a result of flu. Nevertheless, I will try as much as possible to deliver the substance. Mr. Speaker, Sir, in 1999, Kenya adopted a new environmental law known as the Environmental Management and Co-ordination Act (EMCA), No.3 of 1999. This law is one of the most revolutionary and modern pieces of legislation in the environmental field, incorporating many of the international standards which were enforced by that time. However, in accordance with the new Constitution, two developments have take place. First, the Constitution itself in the Fifth Schedule envisages that there must be another legislation to deal with the environment. At the same time, even if the Fifth Schedule did not demand a new legislation on environment, there is great need to align the existing Environmental Management and Coordination Act (EMCA) with the new Constitution in various aspects. Therefore, this Bill brings the new Constitution into focus, especially in the context of devolution. There are three preliminary things. First, as I have said, this Bill aligns the EMCA of 1999 to the new Constitution. Secondly, the purpose of this Bill is to ensure that Kenya’s environmental law is consistent with the new system of devolution, which as you know, has placed certain aspects of environmental management under the custody or jurisdiction of county governments, while at the same time, aspects of the environmental control and policy have remained with the national Government. Thirdly, also in line with the new Constitution, there is need to incorporate all international treaties in the area of environment that Kenya has ratified, as well as principles of customary international law, in line with Article 2(5) and (6) of the Constitution, respectively. What does this Bill propose to do? It amends the EMCA of 1999 by removing references to district environmental committees and provincial environmental committees, as well as local authorities. It replaces those terminologies with the establishment of a county environmental committee by the Governor. At the same time, it replaces local authorities with counties. Of course, the Bill replaces common terminologies like “permanent secretaries” with “principal secretaries”, “Ministers” with “Cabinet Secretaries” et cetera. Section 3 of the EMCA emphasizes or entrenches the right to a clean and healthy environment which already exists in the current EMCA of 1999. What this Bill does is to enlarge what lawyers call locus standi or the capacity to sue. Who can actually go and claim the right to a clean and healthy environment? It involves persons who are suing on their own behalf, but also persons who are suing on behalf of other people whose rights 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."
}