Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 848337,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848337/?format=api",
    "text_counter": 240,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Perry Mansukh and his dam created such an environmental disaster. Our recommendation No.26 of this Report says that he cannot restore the Solai area and its residents without moving them from where they live. This is because the flood water washed away everything; top soil, second layer, third layer and left them with rocks. If he will rebuilt Solai and the livelihoods of those people as it is contemplated in the Environmental Management and Coordination Act (EMCA), how will he rebuilt it if he does not restore that environment? How will he restore that environment when they are on site? We have suggested that the people of Solai be moved. This company has 3,250 acres of land, 800 of which is a wildlife sanctuary; ostriches and impalas are enjoying being in Solai courtesy of Mr. Perry Mansukh. Why should the people of Solai, whose independence we fought for, live worse than his animals? He should give them land and will suffer nothing. That is the restoration that we have proposed. We have further proposed something more drastic. Under EMCA, you are supposed to award compensation for the people who lost their relatives and compensation for the livelihoods. Their food was washed away; they will not plant now or soon. Mr. Perry Mansukh, in his act of love, because he profess love here, should provide food and water to the people of Solai until the time when they can start rebuilding their lives and livelihoods. We have made that proposal. We have similarly made a proposal to say that this matter is so grave. It is not contemplated in the EMCA law. It has never happened in Kenya. Before he restores Solai, he should call an expert to determine the extent of damage. What Mr. Perry Mansukh is supposed to restore, one to 100, that expert will determine what he will do. By the time he is restoring, you have conditions granted to him so that the default clause that is in Section 143 of EMCA will apply to him in case he does not comply. We were informed by the Cabinet Secretary in charge of environment, Mr. Keriako Tobiko, that if the rules under Section 28 of EMCA were in force, it would require Mr. Perry Mansukh and his co-directors to make a deposit under Environmental Management and Coordination (Deposit Bonds) Regulations, 2014. If these were in force, it would require any person keeping something that can cause a disaster in terms of environment to deposit with the National Environment Management Authority (NEMA). In the absence of these regulations, which, in my view, would have required Mr. Perry Mansukh to deposit something not less than Kshs5 billion, we have suggested that an environmental audit be done before anything starts. Secondly, we must determine one by one the people who lost their lives and their livelihoods and award each one of them compensation in personam and not in rem . This means that you cannot guess the 48 people who lost their lives multiply effect and the 226 who lost their livelihoods and the multiply effect. This matter is so serious. We have a report here that there are 52 orphans. Most of them are in primary school. We have to multiply the school fees from primary to university. We have to multiply the amount of care and love they would receive from their parents, now that they are in primary to adulthood 25 years. That is something that you cannot do in a manner suggested by the Cabinet Secretary through NEMA in the restoration order dated 19th July, 2018. We returned 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."
}