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{
    "id": 629589,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/629589/?format=api",
    "text_counter": 367,
    "type": "speech",
    "speaker_name": "Hon. Kamau",
    "speaker_title": "",
    "speaker": {
        "id": 35,
        "legal_name": "Jamleck Irungu Kamau",
        "slug": "jamleck-kamau"
    },
    "content": "These were some of the issues the Ministry specifically had and they were clear about the proposed Clause 8(2) as there are adequate provisions in Part VIII of the Bill regarding rights of way, way leaves and use of land for energy resources and infrastructure. The Members will go through it as well and see in which way we can work on it. There are quite a number of them. I will look at the most relevant ones because I may not be able to go through the entire document. There is a specific one that talks about the powers of the Authority as contemplated in Clause 2. The Authority, according to Clause 2, shall have all powers necessary or expedient performance of its function under this Bill. In particular, the Authority shall have power to impose such sanctions and civil fines being not less than Kshs10,000 per violation per day to secure compliance with orders issued under this Bill. On that particular one, there were concerns that when you say not less than Kshs10, 000, it is vague. It is not very clear. When you talk about an industry that deals with a lot of money and recommend a Kshs10, 000 fine, this is nothing to some people. There was contemplation by the stakeholders that they should reword it to include that the Authority shall have all powers under this Bill and in particular, it shall have power to impose such civil fines, but not exceeding Kshs10,000 per violation per day to secure compliance with these orders. Unfortunately, on this particular one, the Ministry was a bit hesitant and finally we agreed that all these penalties and fines are being imposed against violations which are of a different nature. We decided to come up with a Schedule that defines every violation and its subsequent fines as proposed in the Bill. As a Committee, we will come up with a Schedule which we have discussed with the stakeholders and which will be in an amended form. Members will look at it and we will see what we can do."
}