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"speaker_name": "Hon. Kamau",
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"legal_name": "Jamleck Irungu Kamau",
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"content": "The stakeholders had quite a number of issues with this provision, especially the powers granted by this sub-clause. They argue that it has the potential to lead to farfetched consequences and it should only be executed on the specific basis of a court order which would determine the reasonableness of the suspicion. There was an argument that some of these facilities, if locked up, would attract very high costs. They gave an example of a driving reek that attracts a standby rate of about US$20,000 to US$40,000. If it is stopped for one day, you are talking about a loss of about US$40,000. That needs to be taken into account as and when we contribute. Members can decide which side they want to support. The other clause that had issues is Clause 34(1) which provides that: “A committee, member, officer, employee or agent appointed under section 33 may, upon production of evidence of appointment to any person reasonably requiring it, for the purposes of this Act— (a) enter upon any premises at which any undertaking is carried out in relation to upstream petroleum operations or an offence under this Act is or is suspected to have been committed; (b) inspect and test any process, installation works or other operation in relation to upstream petroleum operations which are, or appear, likely to be carried out in those premises; (c) be accompanied by a police officer if there is a reason to believe that any serious obstruction may occur in relation to an inspection or inquiry under this section; (d) require from any person the production of any book, notice, record, list or other document which appears to the committee, officer, employee or agent to have relevance to the inspection or inquiry, which is in the possession or custody or under the control of that person or of any other person on that committee’s or agent’s behalf; (e) examine and copy any part of any book, notice, record, list or other document which appears to have relevance to the inspections or inquiry, and require any person to give an explanation of any entry therein, and take possession of any such book, notice, record, list or other document as he believes may afford evidence of an offence under this Act; (f) require information relevant to the committee, officer, employee or agents’ inspection or inquiry from any person whom the committee, officer, employee or agent has reasonable grounds to believe is or has been employed at any such premises or to have in that person’s possession or custody or under the person’s control any article referred to in this subsection; or (g) exercise such other powers as may be necessary in connection with the inspection or inquiry and other powers of his appointment under section 33.”"
}