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{
    "id": 530590,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/530590/?format=api",
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    "content": "have been violated, as well as people who are suing on behalf of groups, associations and other corporate or juristic persons. The Bill brings a new Clause 3A which, as I have said, is supposed to actually bring into life the Bill of Rights; in this case, not in connection with the right to a clean and healthy environment, but with the right to access information. It says that every person will have the right to access information held by the National Environment Management Authority (NEMA); the authority that is created and empowered to administer the implementation of this legislation. There is a new Clause 5(8) which is on the headquarters of the Authority, which remains in Nairobi as provided for in the existing Act. But this is a new addition that says that although the headquarters of NEMA will remain in Nairobi, NEMA shall ensure that its services are accessible in all parts of the country. This gives life to Article 6(3) of the Constitution that says that all state organs and agencies of the national Government must ensure that they decentralize and make their services available to the entire country. Mr. Speaker, Sir, Section 9 of EMCA is amended to entrench the principle of public participation in terms of environmental and natural resource management and conservation. Article 69 talks about the need to involve the public in the management and conservation of the environment and natural resources. Therefore, this provision gives life to Chapter Five of the Constitution. Section 10 of EMCA is amended through this Bill to make the Cabinet Secretary the appointing authority of the Director-General of NEMA as opposed to the President, which is the case in the existing legislation. However, the same section is amended to empower the NEMA Board to appoint the Director-General in an acting capacity when there is a vacancy, pending the filling of that vacancy, so long as that acting appointment does not exceed six months. Section 14 of EMCA is amended to subject the salaries and allowances of the Director-General and other directors of NEMA to the Salaries and Remuneration Commission (SRC) guidelines and directives. This aligns the issue of salaries and allowances of NEMA officers with Article 230 of the Constitution, relating to the SRC. Section 23 of the principal Act is amended to ensure that the accounting system of NEMA is subjected to the requirements of Articles 226 and 229 of the Constitution, which requires state organs and agencies to be under the accountability of the Auditor- General. They will submit reports, answer queries and provide documents to the Auditor- General, so that he can, pursuant to Article 229 of the Constitution, submit his report to Parliament as provided for. The other provision which is amended is Section 29 which empowers the Governor to establish a county environmental committee, which as I have said, is a replacement of the existing provincial environmental committees and district environmental committees under the existing EMCA of 1999. These county environmental committees will consist of officials of county governments, representatives of NEMA, business communities, farmers’ associations as well as Public Benefit Organizations, which is a term now used in the Amendment Bill, as opposed to Non-Governmental Organizations (NGOs) in the existing legislation. 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."
}