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{
    "id": 942886,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/942886/?format=api",
    "text_counter": 36,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Sir, on Friday 27th September, 2019, the Cabinet Secretary (CS) for Tourism and Wildlife, hon. Najib Balala, inaugurated The Mama Ngina Waterfront Management Board with the prime mandate of managing the Mama Ngina Waterfront. The appointment was allegedly done pursuant to the Tourism Act, No.28 of 2011. Prior to the appointment, the CS had published a Gazette Notice No.8552 on 13th September, 2019, expressing his intention to appoint the said Board. Mr. Speaker, Sir, from the outset, this appointment is illegal, null and void. As leaders from Mombasa County, we call upon the CS to revoke the appointment and follow the due process in appointing a competent Board. Under Schedule 4 of the Constitution, tourism is both a national and a devolved function. Therefore, the CS cannot come to Mombasa and establish a project on land managed by the County Government of Mombasa, and then appoint a Management Board, only allocating one position to the County Government of Mombasa. Mr. Speaker, Sir, the CS should have either handed over the project to the County Government of Mombasa to fully manage it, or appointed a joint Board with the Mombasa County Government to manage the facility. The national Government has previously funded the extensions to Kongowea Market and, upon completion, handed it over to the County Government of Mombasa to manage it. The same scenario should have applied with regard to The Mama Ngina Waterfront. Mr. Speaker, Sir, secondly, the appointment is ultra vires the Tourism Act. I have gone through the said Act and it seems the Cabinet Secretary has not made any regulations that confer upon him the power to appoint such a Board. It is very surprising that the Cabinet Secretary, with all the legal resources at his disposal, could make such a grave error. No regulations have been made. The appointment has been made without the relevant legislation and is, therefore, null and void. 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."
}