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{
    "id": 551996,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/551996/?format=api",
    "text_counter": 211,
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    "content": "duress to prove that what they did was for defense and security. This is a very clear case where the Senate should be very tough. Thirdly, I think that it is our responsibility to interpret this Constitution and come up with regulations to make sure that the provisions of this Constitution are properly implemented. I have said this in this House so many times before and I hope that the Committee on Delegated Legislation, Chaired by the able Senator for Nandi County, Sen. Sang, whom I hope is listening to me---One of the things that the Committee should do urgently, is to look at this division of functions. This is because when the Fifth Schedule of the Constitution was written, these were laws that were to be implemented within a specific timeframe given for the implementation of the Constitution. The Fifth Schedule did not exhaust the whole list of laws that this House and the “Lower” House should pass regarding the implementation of this Constitution. Therefore, some of these functions which are laid out in the Fourth Schedule border between what the national Government and the county government do. This House should come up with laws and regulations telling exactly what the responsibility of the Government is in this matter. We have to because if we do not, then we come up with a situation like Isiolo and we do not know exactly what law to refer to. I have just said that when it comes to the controlling of animals and the relationship between Kenyan citizens and wildlife in this country, that responsibility lies between the national and the county governments. The national Government cannot say that it is their preserve because the Schedule says what the responsibilities of the county governments are. I think precisely because it is in counties like we have seen in the Petition from Narok--- Narok as a county has all these conservancies where wildlife is, and that wildlife cannot be taken as a responsibility of the Government because they are in Narok. First and foremost, any person working for Kenya Wildlife Service (KWS) and working in Narok must report to the government of that area, which is the County Government of Narok. Madam Temporary Speaker, let me come to my own county of Kisumu. We have a lot of wildlife presence in the lake. They come in form of hippopotamus and crocodiles. These animals do not just live in water. There is a time when they come to the land to feed. The crocodiles come to the land because they know at certain time, human beings go to bath in the lake and they would like to get a good dinner from human beings. Quite often, they catch some. My own uncle died because he was caught by a crocodile when he went fishing. When it comes to hippos, when they come out to feed on maize, vegetable or potato plantations, they ruin everything. The laws regarding compensation when wildlife destroys your crops are completely pitiful laws because you are compensated in a way that is not commensurate to the loss you have incurred. So it is not compensation but an abuse. They never take into account that in order to recover your maize plantation, you may have to wait for three months before the next season. In the meantime, what are you going to eat? It is for us in the Senate, through the Committee of Sen. Sang, to look at some of these laws and find out to what extend is there going to be proper compensation when wildlife destroy crops around the lake. The other thing is compensation when life is lost. 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."
}