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    "id": 620140,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/620140/?format=api",
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    "content": "certificates of lease, which for all intends and purposes, is a title deed as envisioned under the Constitution. It further outlines who should be allowed, what should not be advertised and so on. It is very important for Senators to note this because this is an area of concern. What should be advertised and what should not. Senators would recall a gentleman by the name Ezekiel Mutua banning billboards in the city because of what they had advertised. This is where the bone of contention would be. In terms of the law and a person who has been denied a licence under Clause 7, the committee in Clause 4 would have to confirm that the person has not complied with any of the parameters set out under Section 6. The decision reached under Article 7 would be required to be in writing again in line with a Bill which we have passed here, called the Fair Administrative Action Act and Article 47 of the Constitution. Clause 8 concerns consultations and coordination amongst various stakeholders, again, in the spirit of ensuring that nobody is left out. In Clause 10, there is a condition set out as an attempt to deal with people who attempt to alter billboards or any other forms of outdoor advertisement. We have seen it before and there is a prohibition under this Clause. Clause 11 is an avenue for renewal. This is for any person who would like to renew an advertisement. In Clause 12, the committee has power to revoke any approval they have given under Clause 5. There are conditions set out why approval given prior to can hitherto again be cancelled. Clause 13 is very important in line with Article 47 of the Constitution. It is an avenue for appeal. It gives a person who is aggrieved by a decision of a public body an opportunity to appeal or review. Clause 14 is on miscellaneous provisions. It highlights what the Committee found. The committee is of the view that public participation is very important in terms of Article 10 of the Constitution. That is the reason Clause 14 is worded in the way it is. Under Clause 16 we have allowed the Committee in line with Article 40 of the Constitution to have an opportunity to do inspections. Again, it is fairly procedural and there is no need to belabour the point. Clause 17 deals with people who have a habit of violating the law. Therefore, we have provided for a very stiff penalty to a person who has violated the law here. The fine is Kshs200,000 or imprisonment of six months or both. It is supposed to be punitive because if somebody violates the principles of morality or environment, we want to make it clear that it will be very painful for them. Therefore, the law has given with the left hand, but it can take it away with the right hand if there is violation in compliance with the law. Under Clause 18, we have allowed the County Executive Committee in charge at the county level to prepare regulations. The reason is simple. For example, what Nakuru, Mombasa wants to do may differ from other counties. Therefore, we do not want to over- legislate on matters that would be fairly straight forward or procedural in terms of how the form would look like, where you will pay or what time the office opens, and many more. This will be dealt with by the county assemblies. However, the parameters are set The electronic version of the Senate Hansard Report is for information purposes"
}