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{
    "id": 836344,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/836344/?format=api",
    "text_counter": 230,
    "type": "speech",
    "speaker_name": "Maara, JP",
    "speaker_title": "Hon. Kareke Mbiuki",
    "speaker": {
        "id": 79,
        "legal_name": "Japhet M. Kareke Mbiuki",
        "slug": "japhet-kareke-mbiuki"
    },
    "content": "The physical Planning Act, 286 Section 31 on the development application state that any person requiring development permission shall make an application in the form of prescribed in the fourth schedule to the planning authority responsible for the areas in which the land concerned is situated. It further provides that such application shall be accompanied by such plans and particulars as are necessary to indicate the purposes of the development and, in particular, shall show the proposed use and density. Hon. Temporary Deputy Speaker, the Ministry also indicated that the procedure for change of user comprises of pre-application which involves consultation with a registered and practising physical planner, submission of a duly filled development application to the respective county government planning department, consideration of the submitted application for approval after circulation by the planning authority to the various departments for sectoral comments and opinions, decision-making based on the submitted comments and communication of the decision to the applicant within 30 days of the decision made. The process has an appeal mechanism if the applicant is not satisfied by the decision of the approving authority through a respective physical planning liaison committee. London Distillers (Kenya) Limited and Great Wall Estate are located off Mombasa Road, just after the interchange to Namanga. The area was outside the approved development plan for Mavoko Town. However, according to the Ministry’s records, LR. No. 12867 seemed to have been planned through a subdivision of the mother title. In this case, the approved plan was the basis for guiding development within those parcels. From the records, parcels LR. No. 2867/1- 30 seemed to have been amalgamated and then subdivided, and a change of user done. The plots allocated for industrial use included LR. No. 12867/9-20 and LR. No. 12867/20-30, which were allocated for residential use. No wonder it was the cause of the conflict. The Committee conducted an investigatory visit to the area during which it held a discussion with the Governor of Machakos County. He briefed the Committee as follows: (i) There were many industries in the Athi River area, London Distillers (Kenya) Limited being one of them. (ii) The distillery had been shut down following a court order, but was later reopened under unclear circumstances. Attempts to implement the court order by the Machakos County Government were frustrated by NEMA, who had been reluctant to implement the court orders. (iii) The County Government of Machakos was concerned with the high pollution levels, which were causing the Ukambani region to have the highest cancer levels in the country due to pollution of Athi River and Nairobi River. The Governor requested the Committee to help county governments by engaging NEMA and instituting measures to reduce pollution by industries and to help counties stamp their authority. Finally, the Machakos County Government was planning a re-zoning exercise, especially along Mombasa Road, to curb such environmental conflicts between residents and industries. During the inspection visit which was headed by Hon. Charles Ong’ondo Were, the Committee made the following observations: (i) The molasses tanks and the biogas plant were located just next to the wall separating the plant from the Great Wall Gardens Estate. That is the probable source of the odour that the residents were complaining about. (ii) There was a strong stench emanating from the biogas plant and the Effluent Treatment Plant (ETP) which needed urgent measures to curb. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}