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"content": "Section 3(1) of the Environment Management and Co-ordination Act Cap.387 states that: “(1) Every person in Kenya is entitled to a clean and healthy environment. (2) Has the duty to safeguard and enhance the environment (3) If a person alleges that the entitlement conferred under sub-section (1) has been, is being or is likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress and the High Court may make such orders, issue such writs or give such direction as it may deem appropriate to provide compensation for any victim of pollution and the cost of beneficial uses lost as a result of an act of pollution and other losses that are connected with or incidental to the foregoing.” The Authority is, therefore, not obligated to make any compensation for any alleged pollution, since this can only be effected on the strength of a court order. The fourth question was: What is the religious identity that intends to construct a temple and auditorium in the residential area? Mr. Speaker, Sir, the development of a temple and auditorium is being undertaken by the Shree Nairobi Sthanakvasi Jain Mandal Registered Trustees, a religious group of Jains with approximately 350 members. The community worships at a premise on Forest Road, Nairobi and bought the plot in Loresho four years ago to put up a community centre. The fifth question was: Whether the Chairman can source from the Ministry and table all documents that authorized and licensed the construction of the temple and auditorium? Mr. Speaker, Sir, the proponent submitted an Environment Impact Assessment (EIA) Report to the National Environment Management Authority (NEMA) on 21st September, 2016. This is reference number NEMA/NRB/ PR/5/1/9866 and after due EIA licensing process, an EIA licence number 0038324 was issued with conditions. (Attached as Annex 1) The last question was whether the Government is aware that the new facilities of the intended construction include a parking space for 450 vehicles. In addition, whether the necessary expansion of the sewerage system and other common amenities in Loresho to cater for the huge population that will use the temple and auditorium once completed have been done? Mr. Speaker, Sir, according to the information contained in the project proposal EIA report and which components have been issued with an EIA licenses involves the development of a temple and auxiliary facilities whose characteristics are as follows: (a) A basement consisting of 193 parking bays, underground water tank, fire fighting hydrant and a pump room. (b) A ground floor that will comprise of an auditorium having a lounge, library, exhibition area, booking office, control room, two changing rooms, two service rooms and a VIP room, prayer hall, reception hall, kitchen, furniture store, office and store rooms and 49 parking bays. (c) A mezzanine floor that will include auditorium with board room, reception, work stations, cabin stores."
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