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"type": "speech",
"speaker_name": "Hon. Waiganjo",
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"legal_name": "John Muriithi Waiganjo",
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"content": "I thank you, Hon. Speaker, for giving me an opportunity to debate the Kenya Roads Bill, 2015. This is a very timely Bill. It is the kind of Bill that we should be debating in a country where the road infrastructure is taken very seriously and also to align it with the Constitution. We now have two levels of government and already there are conflicts that are emerging on which roads are national roads and which ones are county roads. So, it is a very good Bill. The spirit of the Bill is good. The formation of KeNSRA, KeNHA and their respective boards is largely what we probably need to align the ongoing developments with the Constitution. The issues that I would want to raise are in Clause 78 of this Bill. This clause attempts to create certain offences, which the Bill is calling “major offences and other offences”. I take issue with these offences as created by the Bill. I am going to propose major amendments to this Bill because, for instance, Clause 78, which creates major offences, flies in the face of criminal justice process and related statutes. There are offences created by Clause 78(a), (b), (c) and (d) of the Bill, but the offences already exist. We have an offence of obstruction within our Penal Code, but Clause 78 purports to create another offence. We have another offence under the Traffic Act. The Bill also purports to create an offence within this statute. Clause 78(d) says “exceeds axle load limit”. This is duplication. The National Transport and Safety Authority (NTSA) must relook into their modus The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}