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{
    "id": 603320,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603320/?format=api",
    "text_counter": 199,
    "type": "speech",
    "speaker_name": "Hon. ole Sakuda",
    "speaker_title": "",
    "speaker": {
        "id": 442,
        "legal_name": "Moses Somoine ole Sakuda",
        "slug": "moses-ole-sakuda"
    },
    "content": "6. Physical planning is a shared function between the national Government and the county governments. Policy formulation, national and regional plan preparation are functions of the national Government, while plan preparation and approval at the county level is a function of the county government. 7. The stakeholders were of the view that certain sections of the Bill contradict some sections in existing Acts. Part III of the Bill, which provides for the types of physical development plans, contradicts Sections 36–42 of the Urban Areas and Cities Act, 2012 and Sections 108–111 of the County Governments Act, 2012. However, the Committee noted that it is only the names of the plans that are at variance. Therefore, the names of the plans should be in tandem with the titles in existing laws to avoid confusion. 8. Some stakeholders quoted Articles of the Constitution that were not relevant to physical planning. The reference to Article 185(4) of the Constitution was not applicable. The Article provides that the county assembly may receive and approve plans and policies for the management and exploitation of the county’s resources and the development and management of infrastructure and institutions. This Article, therefore, does not deal with physical plans. The development plan is a tool of the Executive and the county assembly should, therefore, not necessarily approve the development plans in the same manner as the National Assembly does not approve the national development plans. 9. Pursuant to Article 67(2)(h) of the Constitution, the function of the NLC is to monitor and have oversight responsibilities over land use planning throughout the country and not to carry out the actual plan preparations. 10. There were concerns that the national physical planning consultative forum is bloated. The Committee observed that the forum is necessary and not bloated given that every county executive committee member from each of the 47 counties will be a member of the consultative forum in addition to other representatives in the forum. 11. On the issue of status reports on implementation of national physical development plans, the section should be modified to empower the NLC to consolidate the reports into a single national report and forward it to the National Assembly and the Senate, as part of the oversight in land use planning. The Committee’s recommendation is that having listened to the stakeholders and from its own analysis, the Committee will be proposing amendments for introduction into the Bill during the Committee of the whole House Stage. For the information of the House, this evening the Committee will be retreating at the Bomas Hotel and their work will be looking at some of the proposed amendments that will be introduced during the Committee of the whole House Stage. With those remarks, I urge Members to critically look at this Bill and how it can help the county and the two levels of government in terms of how land is used all the way to the local villages. I thank you, Hon. Deputy Speaker."
}