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"content": "I am being reminded of the carcinogenic wheelbarrows. We have seen a sharp rise in cancer related diseases in our country. These never existed in the past when Nairobi used to be called the City in the Sun. It is no longer that. There are some people who have called it a city in a mess or in garbage. It is so sad that we are sacrificing public health as we pursue shortcuts to prosperity. So, even as we industrialize and our urban centres in various counties urbanize and modernize, we need to secure public health and make sure we do not pollute the environment. In fact, the Constitution in the Chapter on Environment and Natural Resources requires the obligation of polluters to pay; it is called the Polluter Pays Principle. It is not enough just to create a duty not to pollute. The Constitution demands that any person whose activities lead to pollution of environment, damage to public health or life must be held accountable and pay for damages to compensate those who are affected by that pollution. For example, we have seen cases in Mombasa, people living in horrible conditions of environmental pollution or at the mercy of industrialists who are making money without regard to public health. Madam Temporary Speaker, allow me to quickly highlight Part V, which is on Water Sector Trust Fund. This is very important for two reasons. First, even in the transition period under the current water laws before we enact this legislation which will give effect to the new constitutional dispensation, we have seen a lot of progress made by the cooperation between the national and county governments. I say so, because I know my County Tharaka-Nithi is one of the six counties countrywide that received some funding from the national Government through the Water Services Trust Fund to support the activities around water. Each county got Kshs400 million. These were Tharaka-Nithi, Homa Bay, Nandi, Kwale and two other counties which I cannot recall. Part V enhances that cooperation between the national and county governments to not only build the capacity of county governments to supply this human right called water, but also ensure that the resource is like an additional resource basket for both the national and county governments in their shared responsibilities on water. Madam Temporary Speaker, Clause 111 says that the purpose of the Water Sector Trust Fund is to finance the water sector across the board. Secondly, Clause 112 is interesting for the Senate and devolution; it says that the trust fund shall provide conditional or unconditional grants to county governments to supplement their budgets in the provision of water, sanitation and sewerage, et cetera. Madam Temporary Speaker, allow me to say the following: One, this is one of the most important legislations that this Senate will ever pass with regard to the implementation of the Constitution and our Bill of Rights. Secondly, the development of our country in terms of industrial, irrigation and agrarian development depends on the 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."
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