17 Jul 2013 in National Assembly:
What essentially this means is that the TARDA and KenGen are strictly liable and they do not have to owe any duty of care for the people who live downstream. That particular highlight raised several things.
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17 Jul 2013 in National Assembly:
The first thing it raised is the fact that if you bring anything to your land for your own purpose like the TARDA and KenGen have done in the manner of dams, then you owe a specific duty and that you are strictly liable for any damages that the thing that you bring to your land causes, if at all, it does escape in the manner of the flood waters that escape thereby causing mischief. That is the second element of this strict liability thought.
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17 Jul 2013 in National Assembly:
The third thing that ought to be shown which you have already shown is the fact that the thing that you bring does cause damage. We notice that each time TARDA and KenGen release the flood waters, it washes away human beings and farmlands. It also causes deaths and destruction.
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17 Jul 2013 in National Assembly:
The fourth test of finding out whether there is strict liability on the persons of TARDA and KenGen is foreseeability. This is manifested because we are told that the best they do is once or twice they go on radio and tell citizens downstream that the waters are coming and therefore, they should take care of themselves. These parastatals do this once they release the flood waters. This is unacceptable under the circumstances especially so if they are supposed to benefit Kenyans.
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17 Jul 2013 in National Assembly:
On a point of order, hon. Speaker, Sir. Without anticipating debate, I have looked at the content of the amendment that the hon. Chair of the Committee has proposed, and there is a rider to that particular amendment. I will read the last part of Section one of that article which means that different dates may be appointed with different provisions. Indeed, my understanding of the law is that we do not need an amendment to this particular section because you can truncate the various provisions of this particular Act. My understanding is that whereas it is important, for example, ...
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17 Jul 2013 in National Assembly:
Hon. Speaker, Sir, the second thing I would like to raise is the fact that if you look at the provisions of the Constitution, the Fourth Schedule, Part 2, of course, agriculture forms part of the various functions of the county governments. Of course, you have rightfully ruled this afternoon that Article 109 does give the National Assembly the power to originate all manner of Bills. This particular Act that we are discussing was originated by the last Parliament. However, if you look at Article 112 read together with Article 109 of the Constitution, it does anticipate that whereas an ...
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17 Jul 2013 in National Assembly:
Thank you, hon. Speaker, Sir. I rise to support---
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17 Jul 2013 in National Assembly:
Thank you hon. Speaker, for indulging me on this one. I appreciate and thank you very much.
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17 Jul 2013 in National Assembly:
Thank you very much hon. Speaker, Sir, for protecting and giving me a chance to contribute towards this particular Bill. I appreciate and thank you very much. I rise to support the Motion on the Bill. Of course, I am happy that the issues that I raised in my points of order have been properly canvassed by my colleagues, some of whom were in the Tenth Parliament, with the other hon. Members. I just would like to tell the Chair that this particular Bill is one of those Bills that I did participate in the Tenth Parliament when it was ...
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3 Jul 2013 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I am a Member of the Departmental Committee on Justice and Legal Affairs. I support this particular Report for adoption. I would like to request my colleagues not to castigate Members of this Committee in the manner that they have actually done. This is because the Report should be read in continuum. This Report has annexes. The annexes fill up the spaces that might be in the body of the Report. On the first aspect of the TSC, we must appreciate two things. The Attorney- General’s matter concerning the TSC’s Secretary; Lengoiboni is very ...
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