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"content": "where it is public land. What if it was private land? What if it is a land that is ideally under trust like we have community land which is under counties? There will be commas there. When I get the opportunity, I am going to propose amendments. The Senate Majority Leader, we cannot leave Clause 47 like that. I will tell you why. When they were doing the Muwa Road, they went into our property. Along Muwa Road there is a river. They used that water which is the same that we sue for animals. Sen. Mary Seneta from Kajiado County knows how important it is to have our water resources not interfered with when people are collecting diesel and water to do the roads. Clause 47 cannot remain this way because they are going to enter into our private properties and water pans and collect water without consulting the community. At the same time, they are going to pollute that water like the Chinese did with the Standard Gauge Railway (SGR). It should not be not allowed. It must be either at a cost or on agreement with the community or the county. This is so that it does not look as if the authority shall enter any natural resource. Do you know what that means for purposes of Kajiado? They will go to Nolturesh, and they will pick the water from Kilimanjaro. This does not give any caveat. That is something that I would be totally against. The classification of roads under Clause 54 is also of concern to me. I do not know whether Sen. Murkomen mentioned, but I am happy that he mentioned the Intergovernmental Relations Technical Committee (IRTC). Sen. Murkomen, are we satisfied about this Committee led by Prof. Karega Mutahi to mediate on a matter between national and county governments on an issue on roads? They have been unable to mediate on many issues. Why can we not have another better consultative forum or expand the mandate and membership of IRTC? As far as I am concerned, it is absolutely executive. The chairman works at the behest of the President. He cannot say “no”. How can he be an arbitrator? I would prefer to have a different arbitrator for purposes of ensuring Clauses 69, 70, 71 and others. Somebody wants to acquire the national park to do a road. The national Government wants to do an expressway from Mombasa all the way to Nairobi, they have decided to use largely part of Kajiado Constituency in Kajiado County. Sen. Murkomen mentioned a place called Machinery. It is famous because it was part of the old Mombasa Road. However, when they did the new Mombasa Road, they had moved the road five kilometers from the old road. So, Machinery is dead. When they do the next expressway that they have proposed and I have seen the design, Makindu, Emali, Sultan will be dead wood. There will be no town. If you want to go to Mombasa, what will you be doing going to Makindu? There will be no reason. It will be much better if they were to join the old road and existing road by providing a way to get off. Makindu becomes our point where we go to Wote. Emali becomes our point to go to Wote if you are coming from Loitoktok. We must provide a good framework for those consultations. When we were doing the SGR, Sen. Mary Seneta raised this issue. There was environmental impact caused by the SGR. There is a school in Emali where the SGR passes in between. They were not paid nor compensated. The school is affected and that is it. I have not seen that framework of consultation even where you do not pay the school. Some of these things that are here 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."
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