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"id": 831582,
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"type": "speech",
"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
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"content": "When you are on Uhuru Highway in the morning and there is heavy traffic jam, you will find matatus, lorries and motorcycles on pavements meant for pedestrians. That is addressed in this Bill under Clause 13, which makes provision for contravening the use of pavements. It shows how those pavements should be used and by whom. In addition, if you contravene these provisions you will be liable to a fine not exceeding Kshs100,000 or imprisonment for a term not exceeding six months. While on a tour of the United States of America (USA), we were taken to a small town in Kansas. The Mayor told us that, that small town was surviving by levying fines. If the traffic police officers were not active, they would not be able to run the town. If the court systems can be devolved and the administration of justice as far as the use of roads and pavements is taken to the counties, they could be a source of revenue for the counties to do what is set out in the Bill. This is because nearly 90 per cent of the revenue of that town in Kansas comes from fines paid by motorists and traffic users who contravene the by-laws. This is good so that there is a responsibility on the users of roads and pavements. Madam Temporary Speaker, devolution has not brought enough resources, but some resources have been devolved to the counties. There are a lot of things that are coming up in our urban areas in the counties that we never used to see before. Hotels, shops, shopping malls in some counties and office blocks are coming up. However, the building of those shopping malls and office blocks are not regulated. The starting point for regulation of structures and buildings that are coming up is starting with the infrastructure of roads and pavements. This will ensure that by the time you construct and are given authority to construct, you will be carrying out that development in an area where the roads and pavements have already been earmarked and planned for, or they are already in place. The crisis we have in Nairobi and other areas about the demolitions that are happening is because we are not strictly implementing or executing planning laws and the laws that are in place. The laws have not been significant enough or set out in such a way that would enable counties to regulate the use of roads, parking bays and so on. This Bill makes it possible to do just that. I hope that Members will find it useful to support it. Now on access to commercial buildings, other buildings like offices and the designation of pedestrian crossing and so on; all this is contained in the Bill. Sen. Olekina must be congratulated for doing a lot of homework in coming up with a Bill that is comprehensive, yet not too big for the implementers and in simple language, for everybody to understand. The last issue I want to talk about is that the national Government should begin to have a very positive discussion with the county governments so that there is no conflict in areas where they have responsibility. Whereas this Bill does not require the national Government to spend more money or the county government to spend money out of the enactment of this Bill, looking to the future, more resources in the area of roads and general infrastructure for the movement of persons and traffic, I think we need to ensure that more funds leave the national Government. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}