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    "id": 646700,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/646700/?format=api",
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    "content": "Mr. Temporary Speaker, Sir, as you are aware, the issue of environmental protection is a national function according to Regulation 22 of Part I of the Fourth Schedule of our Constitution. According to Part II of the Fourth Schedule which is about County Governments, it is the county governments to help in the implementation of specific national Government policies on environmental conservation. So, this function falls under both levels of government. I commend them because when they were discussing Clause 7(1) where there was a proposal to remove the civil society, they refused and insisted that civil societies have a role to play. Indeed, civil societies have really sensitised the entire world on the issue of climatic change to a level that we all accept that it is so. They have maintained the view of the academia which is right because had it not been for the academia, we would not have known scientifically and objectively that there is climatic change. They have dealt with a mode of electing people who represent the civil society which was not there and it is now acceptable. However, more importantly, they have agreed that all these appointments to the Council will not be approved by the National Assembly. In Clause 4, they have substituted the National Assembly with Parliament for approval. That is a very important issue that in future, it will not just be the National Assembly to approve categories of membership to the Council. We are talking about the representative of the private sector. Not only the National Assembly will approve the representatives of the civil society and the marginalised community but both the National Assembly and the Senate. We shall have a role to play because climatic change is a cross- cutting issue between county governments, the national Government and internationally. So, I commend our representatives to the Committee for ensuring that the role of the Senate is safeguarded. I also applaud them for not having agreed that the fine imposed should be reduced from Kshs10 million to Kshs1 million. They added a phrase; “Not more than Kshs10 million”. This gives discretion to the authorities or the court hearing this matter how much fine should be charged, which should be between Kshs1 million and Kshs10 million. The initial proposal was a fine of Kshs1 million. There is a maximum fine of Kshs10 million but the discretion is left to the authority or courts to impose. Mr. Temporary Speaker, Sir, we have talked very much about rejection of the mediated Bills, where there is controversy or differences between the National Assembly and the Senate on particular issues. When a mediated Bill is referred to a mediation committee, we have had situations where we pass a Bill here and it is rejected by the National Assembly. Because of that, you may think that a mediation committee will not reach to any agreement because of the controversy surrounding a particular issue. However, common sense on the matter has prevailed when a Bill is referred to a mediation committee. We have seen representatives from both the National Assembly and Senate agree on a few amendments here and there. It is not just representatives of the National Assembly and those from the Senate but various representatives who are Members of various political parties represented in the Senate and the National Assembly. To me, that is the way to go, particularly on important pressing national issues which confront this nation. As we move towards elections, there is bound to be some 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"
}