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{
    "id": 634497,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/634497/?format=api",
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    "content": "structures where you have disciplined officers, exist in a non-disciplined and ununiformed service? I know we have attempted something similar with the Kenya Forest Service (KFS) but as we deliberate on this, we will need to ask ourselves whether this is the best arrangement for managing fisheries resources. Again, when you get these people doing monitoring control and surveillance and they go to the exclusive economic zone where sometimes you find pirates roaming around, do you want to get civilians dealing with pirates? Come to Lake Victoria, do you want to get civilians dealing with Uganda People's Defence Force (UPDF) that is armed? So, we will need to get a proper mix and structure for this Kenya Fisheries Service (KFS). Mr. Temporary Speaker, Sir, proceeding further, the Bill proposes to set up two funds. One will be the Fisheries Research and Development Fund (FRDF) and the other is the Fish Levy Trust Fund (FTLF). As the Senate, we have previously seen to it that – for example, in the Roads Fund – some conditional allocations are taken back to counties. So, we need to be clear on whether this Fish Levy Trust Fund (FLTF) will sit at the national level or part of it will find its way back to counties that are identified as having significant fisheries resources. Clause 33 of the Bill talks of coordination of fisheries management within counties. This is where we need to be very keen. The Bill says that the Director General of the Kenya Fisheries Service (KFS) and county governments shall keep each other informed. It says that each county may develop fisheries management measures and plans. However, the Director General will have to approve. So, I am looking at a county like Homa Bay which has 80 per cent of Kenya’s share of Lake Victoria and understands what fishing and fisheries is all about. However, even when Homa Bay County comes up with fisheries management plans, it still has to come to Nairobi for the Director General to approve. This Bill goes further in Clause 33 to say that where there is a conflict, the Director General shall give directions and that he has powers to direct the withdrawal of functions or powers exercised by county governments.This is contrary to the Constitution and what is specified in the Inter-Governmental Relations Act. The Director General or Cabinet Secretary (CS) cannot withdraw functions that have already been assigned to one level by the Constitution. I urge Senators that as you process this Bill, we look out for some of these clauses that could defeat devolution. Clause 37 talks about Beach Management Units (BMU) and the Bill gives the Cabinet Secretary (CS) powers to come up with regulations for the units. Whereas it could be proper for the Cabinet Secretary (CS) to provide regulations, we need to observe the principle of subsidiarity, so that BMU should be managed and licensed at the lowest level possible. The best level would be the county level. Mr. Temporary Speaker, Sir, aquaculture is captured in Clause 61 and the old Fisheries Act, which this Bill seeks to repeal, did not make any provisions on aquaculture. In this case, the Bill is very clear and detailed on aquaculture. However, the Cabinet Secretary (CS) will make regulations regarding aquaculture and this is a bone of contention. This is because the Council of Governors (CoG) believes that aquaculture is part of fisheries, which is devolved. So, there is need for clear and thorough analysis of this Bill to ensure that we do not have some conflict in expectation. Mr. Temporary Speaker, Sir, Clause 65 of the Bill implies that counties shall only monitor non-commercial aquaculture activities. I am yet to come across someone who goes into aquaculture for non-commercial purposes because very few people put up fish ponds to feed 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"
}