Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 603281,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603281/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "proposed county physical planning liaison committee under Clause 78 of the Bill. The functions of the respective institutional structures are also well defined. Every structure formed at the national level has an equivalent at the county level. The Bill further makes extensive provisions for the preparation of various types of physical development plans and their implementation. It also approves development plans, development control decisions and resolution of disputes arising out of decision made by planning authorities on matters relating to planning and preparation and approval of development application. The issue of approval of development plans is very contentious because it is always a source of corruption. We have seen buildings collapse all over the country because some of the development plans were not approved but somebody might have pocketed some money to allow the owner of the building to carry on with the construction. The Bill tries to streamline that aspect. As I earlier said, the Bill seeks so repeal the Physical Planning Act, Cap 286, which is the existing planning law in the country. That Act provided for the preparation and implementation of the physical development plans I have talked about for connected purposes such as administration and establishment of the physical planning liaison committee. I want to bring this to the attention of Hon. Members so that they can understand the kind of development plans proposed in this Bill. Members should refer to Clause 19 of the Bill, which talks about the National Physical Development Plans. Clause 28 of the Bill talks about establishment of a regional joint physical development committee. Under Clause 38 of the Bill, there is established county development physical development plan. Finally, under Clause 46 of the Bill, we have local physical development plans. The issue of land starts from the national level up to the local level. Therefore, there are development plans which need to be approved by the respective authorities. Hon. Speaker, the Physical Planning Act, Cap 286, is an old Act that was enacted in 1996. Prior to its enactment, the planning practice was governed by various statutes, including the Town Planning Act, Cap 134; the Land Planning Act, Cap 303; the Local Government Act, Cap 265; the Government Land Act, Cap 280 and the Survey Act, Cap 299. This piece of legislation seeks to entrench the functions of the NLC, as an oversight and monitoring authority over land use planning, as per Article 67(2)(h) of the Constitution. We have seen very unnecessary tussle between the NLC and the Ministry of Lands, Housing and Urban Development over their functions. This Bill seeks to streamline such issues and give the NLC the oversight and monitoring authority over land use planning, and specifically on issues to do with public land. I want to confirm to the House that this Bill conforms with the devolved governance systems. I might say towards that end that this Bill concerns counties and, therefore, it is required to be passed by the two Houses of Parliament. It is also important to note that the proposals in this Bill conform with the devolved governance structure. It respects the role of the county governments in planning and development control as outlined under Section 8 of Part II of the Fourth Schedule. Those functions of land that have been devolved according to the Constitution as enumerated in the Fourth Schedule have been reserved for the county governments."
}