COUNTY GOVERNMENT OF KILIFI FIRST ASSEMBLY (THIRD SESSION) THE COUNTY ASSEMBLY ORDER PAPER

Transcription

1 First Assembly Third Session (NO. 123) (233) COUNTY GOVERNMENT OF KILIFI FIRST ASSEMBLY (THIRD SESSION) THE COUNTY ASSEMBLY ORDER PAPER MONDAY, MARCH 2ND, 2015 AT 2.30 P.M PRAYERS Determination of Quorum 1. Administration of Oath 2. Communication from the Chair 3. Messages 4. Petitions 5. Papers Debate on Report of the Joint Committees on Health Services and Agriculture, Livestock, Environment and Natural Resources on Athiriver Cement Factory (Chairperson; Health Services Committee) 6. Notices of Motion 7* Statements 8* Motions 9* Bills 10* Adjournment

2 REPUBLIC OF KENYA COUNTY ASSEMBLY OF KILIFI 1 ST ASSEMBLY - SECOND SESSION REPORT OF THE JOINT SECTORAL COMMITTEES ON HEALTH SERVICES AND AGRICULTURE, ENVIRONMENT AND NATURAL RESOURCES ON THE ATHI RIVER CEMENT FACTORY DECEMBER, Clerk s Chambers, County Assembly of Kilifi, County Assembly of Kilifi Buildings, Malindi December, 2014

3 TABLE OF CONTENTS PREFACE...3 MANDATE OF THE COMMITTEE 3 COMMITTEE MEETINGS.3 ACKNOWLEDGEMENT 4 BACKGROUND..5 Establishment of the Sectoral CommitteeS on Health Services and Agriculture, environment and Natural Resources...5 ADOPTION OF THE REPORT... 5 COMMITTEE FINDINGS.6 COMMITTEE RECOMMENDATIONS... 6 Annexes: Livestock Technical Report Investment Promotion Centre Report of Fact Finding Mission Medical Report from St. Lukes Mission Hospital

4 PREFACE On behalf of the s of the Committees on Health Services and Agriculture, Environment and Natural Resources and pursuant to the provisions of Standing Order No. 192, it is my pleasure and duty to present, the joint Committee s Report on the Athi River Cement Factory and its Environmental Effects. COMMITTEE MEMBERSHIP The Committees on Health Services and Agriculture, Environment and Natural Resources were constituted by the House on Tuesday 23rd April, 2013 and were later reconstituted following the successful revision of the County Assembly of Kilifi Standing Orders on 31 st July It comprises of the following s:- 1. Health Services Committee NO. NAME TITLE 1. ALBERT KIRAGA HARE CHAIRPERSON 2. CHRISTINE FONDO VICE-CHAIRPERSON 3. ADAMSON KADENGE MWATHETHE MEMBER 4. ALPHONCE MWAYAA MEMBER 5. DANIEL CHAI CHIRIBA MEMBER 6. GRACE KWEKWE MWANGOME MEMBER 7. GRACE MBODZA CHIHANGA MEMBER 8. EDWARD KAZUNGU DELE MEMBER 9. HAMZA HAMISI HUSSEIN MEMBER 2. Agriculture Committee NO. NAME TITLE 1. ONESMAS GAMBO KARISA CHAIRPERSON 2. LALI OMAR SADI VICE-CHAIRPERSON 3. ASHA CHIKU WANJE MEMBER 4. IBRAHIM ABDI ATHUMAN MEMBER 5. JARED KAUNDA CHOKWE BARNS MEMBER 6. KAHINDI GEOFFREY MUHAMBI MEMBER 7. NASHEE NANA MOHAMMED MEMBER 8. EMMANUEL KAZUNGU CHAI MEMBER 9. CHRISTINE ZAWADI FONDO MEMBER COMMITTEE MANDATE The Committees on Health Services and Agriculture, Environment and Natural Resources are Sectoral Committees established under Standing Order No. 192 (5) (a) (g) which provides the functions of the Committee

5 a) Investigate and inquire into all matters relating to the assigned departments as they may deem necessary, and as may be referred to them by the County Assembly g) Make reports and recommendations to the County Assembly as often as possible, including recommendation of proposed legislation. According to Schedule II of the Standing Orders, the committees examine: all matters related to county health services, including, in particular county health facilities and pharmacies, ambulance services, promotion of primary health care, licensing and control of undertakings that sell food to the public, veterinary services (excluding regulation of the profession), cemeteries, funeral parlours and crematoria. all matters related to agriculture, including crop and animal husbandry, irrigation, livestock sale yards, county abattoirs, plant and animal disease control and fisheries, animal control and welfare, including licensing of dogs and facilities for the accommodation, care and burial of animals. ACKNOWLEDGEMENT a. May I take this opportunity to thank all s of the Committee for their input and valuable contributions during the deliberations and inquiries from the management and residents of Kambe-Ribe ward which assisted the committee to get the several findings which guided them in making its final recommendations. b. The Committee wishes to sincerely thank the Office of the Speaker and the Clerk of the County Assembly for logistical support accorded to it during the exercise. The necessary support extended to it assisted in the execution of its mandate. c. The committee wishes to record its appreciation for the services rendered by the staff of the County Assembly attached to the Committee. Their efforts made the work of the Committee and the production of this Report possible. On behalf of the Committees on Health Services and Agriculture, Environment and Natural Resources, I have the honour and pleasure to present the Committee s Joint Report on the Athi River Cement Factory and its Environmental Concerns. Thank you. Signed Hon. Albert Kiraga Hare Chairperson: Joint Committee on Health Services and Agriculture, Environment and Natural Resources Date..

6 BACKROUND ESTABLISHMENT OF THE SECTORAL COMMITTEE The Committees on Health Services and Agriculture, Environment and Natural Resources are Sectoral Committees established under Standing Order No. 192 (5) (a) (g) which provides the functions of the Committee Investigate and inquire into all matters relating to the assigned departments as they may deem necessary, and as may be referred to them by the County Assembly Make reports and recommendations to the County Assembly as often as possible, including recommendation of proposed legislation. According to Schedule II of the Standing Orders, the committees examine: all matters related to county health services, including, in particular county health facilities and pharmacies, ambulance services, promotion of primary health care, licensing and control of undertakings that sell food to the public, veterinary services (excluding regulation of the profession), cemeteries, funeral parlours and crematoria. all matters related to agriculture, including crop and animal husbandry, irrigation, livestock sale yards, county abattoirs, plant and animal disease control and fisheries, animal control and welfare, including licensing of dogs and facilities for the accommodation, care and burial of animals. ADOPTION OF THE REPORT The following members were present during the meeting to adopt this Report on Wednesday 26 th November, 2014:- Health Services Committee 1. Hon. Albert Kiraga Hare - Chairperson- Health 2. Hon. Adamson K. Mwathethe - 3. Hon. Daniel Chiriba - 4. Hon. Grace Mwangome - 5. Hon. Grace Chihanga - Agriculture Committee 6. Hon. Onesmas G. Karisa - Chairperson-Agriculture 7. Hon. Asha Chiku Wanje -, 8. Hon.Ibrahim A. Athuman - 9. Hon. Nashee N. Mohammed -

7 10. Hon. Emanuel K. Chai - The Report was adopted unanimously by all s present. The Committee also resolved to table the Report on before the start of the Long Recess in December and move a motion to seek its approval from the House. COMMITTEE MEETINGS The Joint Committee on Health Services and Agriculture, Environment and Natural Resources held meetings from 15 th November, 2013 with the management of Athi River Mining (ARM) Cement Limited at the factory site in Kaloleni on motion by Hon. Valentine Matsaki adopted by the Assembly on 10 th September, 2013 on environmental hazards carried out by Athi River Mining and Mombasa Cement Factories. The following s of the then Health Services Committee were present:- Hon. Albert Kiraga Hare Hon. Daniel Chai Chiriba Hon. Nickson Charo Mramba Hon. Renson Kambi Karisa Hon. Elina Stephen Mbaru Hon. Anthony Kenga Mupe Hon. Alphonce Mwayaa Hon. Jarold Kaunda Chokwe Hon. Anthony Ndune Nzaka Hon. Hamza Hamisi Hussein Hon. Getrude Mbeyu Mwananje Hon. Lali Omar Said Hon. Grace Mbodze Chihanga Hon. Nashee Nana Mohammed Hon. Christine Fondo Hon. Khadija Selina Salim Hon. Grace Kwekwe Mwangome Hon. Jane Bahati Mwaro Hon. Sophie Burns Chokwe Chair Vice- Chair The following members of the Agriculture, Environment and Natural Resources committee were present during the meetings:-

8 Hon. Onesmus Gambo Karisa Hon. Emmanuel Kazungu Chai Hon. Silas Mzungu Chitibu Hon.Mwingo Kaingu Mwingo Hon. Kahindi Goefrey Muhambi Hon. Daniel James Mangi Hon. Renson Kambi Karisa Hon. Naftali Nyae Kombo Hon. Daniel Chai Chiriba Hon. Anthony Kenga Mupe Hon. Lali Omar Sadi Hon. Chiku Asha Wanje Hon. Barka A. Mohammed Hon. Christine Fondo Hon. Herbert Matano Gibson Hon. Khadija Selina Salim Hon. Priscilla Zawadi Kitsao Hon. Tecler Naomi Muye Hon. Grace Kwekwe Mwangome Hon. Arafa Salim Baya Also in attendance were:- Hon. Valentine Matsaki Mr. Keith Kitsao Ms. Martha Ngugi Chair Vice- Chair MCA Kambe Ribe Ward (Co-Opted ) -ICT Officer -Interim Hansard Reporter

9 Mr. Surendra Bhatia - Deputy Managing Director (Athi River Cement Limited) Mr. Douglas Miheso - Head Of Environment-Arm Ltd. Representatives of AthiRiver Adjacent Community The major issues of concern were as follows:- 1. That, residents are not opposed to the existence of the factory if basic requirements are met concerning their health and livelihood. 2. That seventy per cent (70%) of the work force of the factory should be local residents more particularly from within the county. 3. There were concerns that the factory employed foreigners specifically Asians on lower cadre jobs which were supposed to be for locals. COMMITTEE FINDINGS After many deliberations, the Labour and Social Welfare Committee made the following finding:- There is need to harmonize the needs of both the residents in the homes and those employees in the factory who were affected health wise, environmentally and even the poor working conditions of the employees of the factory. Most residents of the area were not pushing for the closure of the factory but for improving on the environmental health. There is deep sorrow against the factory in relation to the pain it has inflicted to the residents of the area. Most residents were disturbed by the manner the factory handles issues of environmental health resulting to the problems facing the local residents of the area. Purchase of land by the factory is done through unfair conditions not based on willing buyer willing seller agreement. There were also unfair sackings of employees by the factory that were reported by the residents. Discrimination of employees within the factory was also reported that even lower cadre jobs were taken by Asians and the salaries they earn were upto Kshs 100,000 against those of local residence of the same status who are paid less than Kshs 10,000 monthly. Most houses were affected by dust and as a result, residents were suffering from Respiratory infections and the Residents could not harvest rain water and consume it (See Annexes Attached). Blasts from the Quarries are mostly affecting children and pregnant women.

10 Vegetation around the factories are affected animals could not graze due to affected grass and residents could not consume vegetables. RECOMMENDATION OF THE COMMITTEE Having considered the information from the committee s research, hearings and evidence, the Committee recommends:- That, an environmental audit is done to ascertain the allegations of the environmental effects of the Athi River Cement Factory by an Environmental expert. It is the duty of the Executive to allocate experts who will take charge on this issue. Blasts at the quarry to be regulated. The Management of Athi River Cement Factory should install dust arrestors to its plant. Installation of dust arrester would reduce harm to residents, animals and vegetation Investors should not be allowed without awareness of the community people. (Public participation should be done.) The Athi River Cement Factory should do more Corporate Social Responsibility activities to the Local residents. Blasts at the factory s quarry to be regulated to manageable tremors because blasting of rocks at the quarry forces residents to flee their homes during this particular exercise. That the Athiriver Mining Management to work closely with the elected leaders, Administration and Development Committees to help resolve the Communities problems.

11 HEALTH SERVICES COMMITTEE NO. NAME 1. ALBERT KIRAGA HARE 2. CHRISTINE FONDO 3. ADAMSON KADENGE MWATHETHE 4. ALPHONCE MWAYAA 5. DANIEL CHAI CHIRIBA 6. GRACE KWEKWE MWANGOME 7. GRACE MBODZA CHIHANGA 8. EDWARD KAZUNGU DELE 9. HAMZA HAMISI HUSSEIN SIGNATURE AGRICULTURE COMMITTEE NO. NAME 1. ONESMAS GAMBO KARISA 2. LALI OMAR SADI 3. ASHA CHIKU WANJE 4. IBRAHIM ABDI ATHUMAN 5. JARED KAUNDA CHOKWE BARNS 6. KAHINDI GEOFFREY MUHAMBI 7. NASHEE NANA MOHAMMED 8. EMMANUEL KAZUNGU CHAI 9. CHRISTINE ZAWADI FONDO SIGNATURE