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"content": "planning, use and regulation on development of land. The Bill seeks to repeal the Physical Planning Act, No.6 of 1996. Mr. Deputy Speaker, Sir, the Constitution provides for the functions of the national and county governments. As I said yesterday, it is on that basis that the Constitution provides for functions between the National Assembly and the Senate. Article 110 of the Constitution says that all Bills concerning counties must come to this House. Part 1 of the Fourth Schedule of the Constitution provides that the planning function is a function of the national Government, whereas Part 2 also provides that planning is a function of county governments. For that reason, planning is a concurrent function and, therefore, it is expected that physical planning can be done by both national and county governments. Mr. Deputy Speaker, Sir, the Constitution also provides that once the new Constitution came into effect, it was necessary for Parliament to amend all laws to be in conformity with the Constitution. This is one of those legislations which are meant to bring the old Physical Planning Act, No.6 of 1996 in conformity with the Constitution of Kenya, 2010. Mr. Deputy Speaker, Sir, Article 66(1) of the Constitution provides that- “The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.” Article 66(2) goes ahead to provide that- “Parliament shall enact legislation ensuring that investments in property benefit local communities and their economies.” These are two very important provisions of the Constitution that give a background against which the Physical Planning Bill is being enacted. The Bill will spell out how land will be used, how land and interest in land will be shared for purposes of public safety, public defence, public order, public morality and land use planning. Mr. Deputy Speaker, Sir, the Bill has the following objectives. One, it makes provision on the preparation and implementation of physical plans at all levels of Government, so that all physical plans being prepared by the counties and the national Government will be regulated by this Bill. Two, it provides for the administration and management of physical planning in Kenya. This means that each entity in the national and county governments will be responsible for administering matters of physical planning and land use. Three, it provides for the procedures and standards for the development, control and regulation of physical planning and land use. This includes standards that are required, the control mechanisms and so on and so forth. It also provides for the control and regulation and control of land use and physical planning between the two levels of government and also between counties themselves. It provides for dispute resolution on matters related to physical planning as well as for the functions of and relationships among planning authorities, including between the national and county governments. Mr. Deputy Speaker, Sir, it is important to continue emphasising, for purposes of auditing by the Senate, that the Inter-County Physical Development Plan (ICPDP) is critical. If you read the basis for the enactment of this law, which is in Article 66 of the 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."
}