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"id": 1527442,
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"content": "Second Reading"
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"id": 1527443,
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"content": "THE HERITAGE AND MUSEUMS BILL (SENATE BILLS NO.8 OF 2023)"
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"id": 1527444,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527444/?format=api",
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"type": "speech",
"speaker_name": "Sen. Murgor",
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"content": "Thank you, Mr. Speaker, Sir. I beg to move that the Heritage and Museums Bill (Senate Bills No.8 of 2023) be now read a Second Time. The Bill was published on 28th February, 2023 and read a First Time in the Senate on 22nd March, 2023. Paragraph 25 of Part 1 of the Fourth Schedule the Constitution designates ancient and historical monuments of national importance as part of the functions of the national Government. Paragraph 4 of page two of the Fourth Schedule to the Constitution states that activities, public entertainment and public amenities include museums and are a function of the county governments. The principal object of the Bill is, therefore, to repeal the National Museums and Heritage Act and enact a new Bill that conforms to the Constitution. The Bill proposes- (1) To retain the National Museum of Kenya already established under the National Museums and Heritage Act, 2006. (2) Provide for county museums. (3) Provide for the preservation and protection and the management of cultural and natural heritage at national and county levels of government. (4) Repeal the National Museums and Heritage Act, 2006."
},
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"id": 1527445,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527445/?format=api",
"text_counter": 201,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " What is your point of order, Senator for Kitui? Sen. Murgor, just take your seat."
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{
"id": 1527446,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527446/?format=api",
"text_counter": 202,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
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"content": "Mr. Speaker, Sir, I would not have wanted to interrupt the Member as he moved the Motion, but our Standing Order No.95 explicitly says that when moving and making any debate on the Floor, we should not be seen to be reading word- by-word the things we are saying. Unless you are satisfied that he should read the moving of the Bill, is he in order to read for word-for-word as he moves?"
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{
"id": 1527447,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " In order that the hon. Member gives in precision the imports and the purpose of this Bill, I will allow him to read pursuant to Standing Order No. 95(2). Hon. Senator, proceed."
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{
"id": 1527448,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527448/?format=api",
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"type": "speech",
"speaker_name": "Sen. Murgor",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. After the brief background, I now move to the content of the Bill. Overview of the Bill - the Bill’s legislative proposals- (1) Retain the national Museums of Kenya. (2) Provides the functions of the counties in relation to heritage and museum. (3) Establish county museums in their functions. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1527449,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527449/?format=api",
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"speaker_name": "Sen. Murgor",
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"content": "(4) Provide for an appointment of county heritage inspectors in each county for the purpose of compliance with the Bill. (5) Provide for the establishment of national heritage centres in each county. (6) Provides for the maintenance of registers of all protected areas, ancient and historical monuments of national importance. (7) Provide for the enforcement of agreements for protection of monuments. (8) Establish a heritage tribunal to hear appeals and complains, resolve conflicts and address all issues relating to heritage and museums. Mr. Speaker, Sir, the Bill provides for all the re-establishment of national Museums of Kenya vested with the mandate of conserving cultural and natural heritage of national importance. The management of the National Museums of Kenya is vested in the Board of the National Museums. The Director General shall be responsible for the day-to-day management and general administration of the national museums of Kenya, subject to the Board’s direction. The Bill provides also for the functions of the county government pertaining to county museums. In relation to the museums, the Government will have the mandate of collection and documentation of exhibitions of materials and objects of historical and cultural heritage that are important to the respective county. The Bill empowers the Cabinet Secretary responsible for the matters relating to the national heritage, antiques, national monuments after consulting with the National Museums Board to declare and gazette places and objects of national importance. The Board is mandated to deliberate and pass resolutions on de-gazettement of places or objects of national heritage. The Bill further prescribes the general principles for the management of heritage resources nationally by registration. Under the Bill, an exploration license must be obtained before pursuing excavation or before each operation for buried monuments. The Bill prescribes the procedure of operation in the case of dispenses of rights of occupation of trust land or manages any such land of occupiers of claims. Under the Bill, the National Museums of Kenya must notify of the discovery made. The Bill also restricts the movement of objects of architectural or paleontological interest without authorization. It provides for protected areas and ways of compensating owners of land declared to be a protected area. The Cabinet Secretary is empowered to prohibit or restrict access to any development or use of a protected area for agricultural or livestock or activity that would damage monuments or objects of archaeological interest. The Bill provides for the acquisition, protection, maintenance, inspection, repair, acquisition, and guarantees of monuments. Under the Bill, antiques are considered property of the Government. Removal of antiques and protected objects from places where they are situated is prohibited. The Bill also prohibits the sale of antiques and protected objects. It provides conditions relating to the export of monuments, antiques, or protected objects. The Bill provides that monuments, antiques or protected objects shall not be removed from Kenya other than through the customs part of entry. It provides an The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1527450,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527450/?format=api",
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"type": "speech",
"speaker_name": "Sen. Murgor",
"speaker_title": "",
"speaker": null,
"content": "enforced mechanism by the National Museums of Kenya to ensure competent compliance with the provisions of the proposed Act. The Bill provides for inspection by the National Museums and the appointment of National Heritage Inspectors to enforce the Act. Under the Bill, the National Heritage Inspector has been given the power to inspect, arrest, and search. The Bill also provides for the establishment of a heritage tribunal that shall hear appeals and complaints, resolve conflicts, and address questions. The Standing Committee on Labour and Social Welfare held a public hearing on the Bill on 20th April, 2023 and received submissions from the following stakeholders – (1) The Council of Governors. (2) The National Museums of Kenya. (3) Nature Kenya. (4) The Attorney General. (5) Turkana Basin Institute. The Standing Committee on Labour and Social Welfare tabled the report on the Bill's consideration. The Bill will provide a legal framework for implementing the county government's functions and powers regarding cultural activities, public entertainment, and public amenities as set out under paragraph 4 of page 2 of the Fourth Schedule to the Constitution. The Bill will also repeal the National Museums and Heritage Act 2006. Mr. Speaker, with those few comments, I beg to Move- That the Heritage and Museum Bill (Senate Bills No.8 of 2023) be now read a second time."
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"id": 1527451,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1527451/?format=api",
"text_counter": 207,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Who is your seconder?"
}
]
}