GET /api/v0.1/hansard/entries/960749/?format=api
HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 960749,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/960749/?format=api",
    "text_counter": 301,
    "type": "speech",
    "speaker_name": "Kitui South, JP",
    "speaker_title": "Hon. (Ms.) Rachael Nyamai",
    "speaker": {
        "id": 13374,
        "legal_name": "Richard Ken Chonga Kiti",
        "slug": "richard-ken-chonga-kiti"
    },
    "content": "correlate to the approved building plans. This law will bring this to an end and ensure what is registered is not a non-existent structure. Currently, it is very easy to see an apartment being described by the sellers as having lots of good quality features to entice people to purchase. In reality, when you go to the structure, you realise that it is a different structure not befitting the apartment advertised. This is happening mostly in areas where purchasers buy off-plan. The Committee also observed that county governments should issue endorsement of every plan presented for registration and must be satisfied that the structure conforms to the development scheme, control and land use laws among other considerations. This House recently passed the Physical and Land Use Planning Bill, which is being used to regulate physical and land use matters in planning and development control. I recall we had a lot of back and forth with the Senate when we were passing this law, but at the end of the day, we came up with a very good law. It will be used to ensure that physical and development plans are put into consideration. When this Bill becomes law, it will go further to ensure that physical and development plans are adhered to. The Sectional Properties Bill seeks to ensure that registration of plans conforms with land laws including matters relating to development control as contained in the physical plans and land use planning laws. The Committee further deliberated on the issue of whether the Bill should contain provisions of property managers. We discussed this matter at length with stakeholders who felt that managers of properties should belong to a certain profession and gave examples that property managers should be surveyors or quantity surveyors. To this end, the Committee observed that although the proposal of appointing property managers was varied, the requirement that all property managers shall be surveyors or real estate agents was very limiting. The Committee further observed that property managers need to have managerial skills and not necessarily be surveyors or estate agents. This was limiting bearing in mind that these properties belong to individuals who have a right to make a decision on who they want to manage their properties. Others make a decision to have a kin they trust to manage their properties. For that reason, we felt it was not necessary to push towards having real estate agents or surveyors as was proposed. The Committee received submissions during public participation requesting for establishment of a sectional properties tribunal. We looked at this matter as one that was likely to expose investors and purchasers to unnecessary judicial processes in matters that can easily be handled by the investors or owners of the building. On this one, the Committee observed that the proposal to establish a sectional properties tribunal was not in order. Clause 20(6) of the Bill has already provided for an Internal Dispute Resolution Committee to hear and determine disputes as opposed to putting people through judicial process that are likely to take a very long time and are expensive. The Committee also observed that noting the nature of disputes that are likely to arise between owners of units, having a tribunal which is quasi-judicial in nature with strict rules and procedures, would not be appropriate for determination of disputes likely to arise on a day to day basis within the sectional properties. For example, you can imagine a dispute on a small matter like one playing very loud music in their apartment such that other apartment owners cannot sleep. For this to be taken through a judicial process, we felt it was unnecessary. Should such a dispute be transferred to a tribunal? Certainly not. Another dispute is where every night one approaches the building hooting loudly and the noise causing the neighbours discomfort in their ears. Hon. Temporary Deputy Speaker, sorry, I 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."
}