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{
    "id": 637118,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/637118/?format=api",
    "text_counter": 421,
    "type": "speech",
    "speaker_name": "Hon. Wario",
    "speaker_title": "",
    "speaker": {
        "id": 252,
        "legal_name": "Ali Wario",
        "slug": "ali-wario"
    },
    "content": "accordance with the provisions of the Petitions to Parliament (Procedure) Act and the Standing Orders of the relevant House. (4) The Cabinet Secretary shall, within thirty days of the petition being committed to the relevant Committee, submit a recommendation on whether the petition should be approved subject to— (a) the petition being subjected to an independent Environmental Impact Assessment; and (b) public consultation being undertaken in accordance with the Second Schedule. (5) If the relevant Committee, reports that it finds that the petition— (a) does not disclose a ground for the variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, no further proceedings shall be taken; or (b) discloses a ground for the variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, the National Assembly or the Senate shall vote on whether to approve the recommendation. (6) If the resolution under subsection (5) (b) is supported by a majority of the members of the National Assembly or the Senate, present and voting, the Cabinet Secretary shall publish a notice in the Gazette. About 123,000 hectares of land were gazetted as forest land in my constituency without public consultation and without the consent of the then County Council of Tana River. Unfortunately, all our social amenities such as schools, hospitals and police stations happened to be within this gazetted area. It is now a problem for us to access these amenities. I successfully petitioned Parliament and Hon. Amina’s Committee visited the ground and unsuccessfully accepted my Petition. The problem I have with Clause 33 is that Section 28 of the Forest Act gives the power of variation of boundaries to the Service. It is unfortunate that the person tasked with taking away people’s land is also required to vary the boundary. I, therefore, propose that Kenyans should be allowed to petition Parliament when it comes to variation of boundaries. In petitions, there is a time frame. But as it is in Section 28 under the current Act, you cannot force the Executive to move this amendment. If I could, I would have forced them to do so two years ago when my Petition was accepted. I have been following it up, running between the Cabinet Secretary, the Principal Secretary and the Director-General of the Kenya Forest Service for them to initiate this process, but unfortunately, it has born no fruit. This is why I propose that that power be moved from the KFS to Kenyans to petition Parliament. With a timeframe, we can seek ways on how to vary boundaries. That is my concern."
}