THAT, aware that Chapter Four of the Constitution of Kenya, 2010 provides for the Bill of rights and freedom of every person in the Country, which include inherent dignity and the right to have that dignity respected and protected, right to clean and healthy environment, right to the highest attainable standards of health which includes the right to health care services, right to accessible and adequate housing, and to reasonable standards of sanitation, right to be free from hunger, and to have adequate food of acceptable quality; and right to clean and safe water in adequate quantities;
FURTHER AWARE THAT, Part II of the Fourth Schedule of the Constitution provides
for the functions of County Governments which include County planning and development,
County health services, water and sanitation services amongst others; CONCERNED THAT, the recent inhumane demolitions in parts of the County targeting buildings and other structures in riparian lands have left several families in agony and devastation; FURTHER CONCERNED THAT, the rights of the affected families have been infringed after being left in unhealthy environment, with improper sanitation and lack of clean water; ACKNOWLEDGING THAT, Regulation 6 (c) of the Environmental Management and Coordination Regulations, 2009 provides that a person shall cultivate or undertake any development activity within full width of a river or stream to a minimum of six metres and a maximum of thirty metres on either side based on the highest recorded flood level; NOTING THAT, the demolitions were undertaken haphazardly and in inhumane manner without proper assessment of the areas; THIS ASSEMBLY urges the County Executive in conjunction with the relevant National Government Agencies to: -
1. Conduct a survey to establish the exact measures to be considered as riparian land for the affected families to rebuild their structures in appropriate areas;
2. Compensate the affected families whose structures were erroneously demolished; and
3. Relocate the affected families to alternative safer areas
Notice of Motion | 1st January, 1970 |
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Mover | Hon. Jeremiah Themendu, MCA |
Seconder | Hon Silas Matara, MCA |
Division | |
Dates Debated and/or Concluded | 19th September, 2024 |
Remarks | Approved |