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{
"id": 977057,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/977057/?format=api",
"text_counter": 185,
"type": "speech",
"speaker_name": "Pokot South, JP",
"speaker_title": "Hon. David Pkosing",
"speaker": {
"id": 2662,
"legal_name": "Losiakou David Pkosing",
"slug": "losiakou-david-pkosing"
},
"content": "1. To formulate comprehensive plans for the construction and maintenance of county roads within the respective counties. 2. To facilitate the design, development and maintenance of drainage systems along the roads. 3. To ensure access ways to buildings constructed along county roads. 4. To construct, maintain and facilitate adequate parking bays in respective counties. 5. To facilitate regular inspection of all buildings, roads, streets, lanes, alleys, parking bays and walkways under the jurisdiction of a county government to ensure that they adhere to prescribed building codes and standards as set out in the Physical Planning Act and the Urban Areas and Cities Act. Hon. Speaker, you committed this Bill to us and we did what is supposed to be done. In line with Article 118 of the Constitution and in compliance with Standing Order 127, the Committee held a one-day public hearing, where we invited all the stakeholders to make their contributions. I am just expanding on what the Bill aims to achieve. Because this is a small Bill, we did research on it, and we asked our secretariat to do a proper work on it. During public participation, what came out very clearly is that this Bill provides for what is already provided for. What is being asked for is already in Physical Planning and Land Use Act (No. 13 of 2019). We also interacted with the Kenya Roads Act, 2007, and some of the things which are proposed in this Bill are already in that Act. We further checked the Traffic Act (Cap. 403) and the Public Roads and Roads of Access Act (Cap. 399), and the things I have just explained are provided for. We did not stop there. We went further to the Streets Adoption Act (Cap. 406) and the Persons with Disabilities Act, 2003. We also had a chance to look at the Urban Areas and Cities Act (No. 13 of 2011). The matters that our colleague was attempting to achieve have been provided for in those pieces of legislation. That is what informed our Committee to ask: If it is already provided for, why are we looking for another Act to provide for the same? That is why we recommend that the House do agree with us as a committee to decline approval of this Bill. Because the issues are already covered, it is superfluous to approve the Bill. It might also be an illegality to approve things which are being provided for. This matter then brought another issue within the Committee, which is that the Legal Department of Parliament, without curtailing Members’ rights to prepare and present Bills, should be helping Members. I am sure a piece of legislation by a Member does not just find itself on the Floor of the House. It goes through certain processes, particularly certain quality processes, by the Legal Department and the Legislative Department of Parliament. I would wish then that at that level the staff should reason with the Member, or they should have an extensive discussion with the Member proposing the Bill so that at least we enrich our law-making process. We should make laws on issues that have not been provided for and not on what is already provided for, as evidenced in this Bill. So, we are advising, without curtailing the rights of Members… We should also be mindful that sometimes too much criticism from the Legal Department might curtail Members’ rights of proposing legislation. On this case, maybe the pieces of legislation were too much for him to realise that these matters are already provided for. Apart from considering other issues, like what the MCAs might legislate on at the county level, we restricted ourselves to what is provided for in the main Acts. With those few remarks, we recommend to the House to agree with us, and decline approval of this Bill, because the matters covered are already fully provided for in the legislation that we have unless somebody is trying to repeal those pieces of legislation. Because the repeal function is not part of the consideration, we propose to decline approval of this Bill. 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."
}