Thursday, October 14, 2010

Why NBA and other stakeholders have had the MCN "fire prevention and safety by-laws 2010 halted"

The Nakuru Business Association would like to make the following observations which leads us to object to the proposed by-laws.

1. The law requires that wide consultations be carried out before any such laws are published. To the best of our knowledge no such consultations have been held.

2. The government policy as contained in the circular dated 8th June 2007 by then Permanent Secretary Ministry of Local Government is towards reducing and or consolidating licencing fees and procedures.
By this proposed by-laws MCN does not only introduce yet other licences and inspection fees that only goes to further burden the business operator within the town but place an impossible burden on them.

3. The proposed charges and fees are too high under the current circumstances, services rendered and given that this is one of the basic services that the Municipal Council ought to be rendering to its citizens for free.

4. The proposed by-laws may be in conflict with other laws such as Fire Inquiry Act Cap 103 Laws of Kenya, the Traffic Act and other laws and more importantly, the constitution of the land. Examples of this abound in the proposed by-laws.

5. Nakuru is currently one of the fastest growing cities in Africa. It is naïve to seek to monopolize fire-fighting services more so be given the limited capacity of MCN’s fire-brigade. The rules should open for volunteer or private fire fighters as happened in Nairobi where some security companies and other government agencies and the army offer fire fighting services.

6. The by-laws should only be operationalized after the fire brigade has been fully established, equipped and have demonstrated its capacity to deliver. It is otherwise.

7. It is not right that a council should by law obsolve itself of liability in the conduct of its services. Professional misconduct, negligence, mis-conduct in the fire brigade should lie where it belongs.

8. Some of the provisions in regard to making fire are too restrictive as to be unconstitutional particularly when it say “any fire”.

9. The requirement for frequent inspections all at the cost of the citizen is unnecesary burden. Twice a year is a heavy yoke for citizen to bear.

10. The application of the by-laws to owner and occupier will be harrasing small scale traders and service providers. In any case if a building has 200 “occupiers” would it require each and every one of them fire fighting equipment?

We have requested that MCN suspends the gazettement until these and other issues are discussed.

Yours faithfully,


KAMONJO KIBURI,
SECRETARY
NAKURU BUSINESS ASSOCIATION

Wednesday, October 6, 2010

Discussion framework for Nakuru Regional Business Agenda

Nakuru Regional Business Agenda (RBA)

Background
The Nakuru Regional Business Agenda is a product of the Business Membership organisations that are based on Nakuru and its environs. It has been developed to provide a forum through which the private sector in Nakuru and its environs can articulate key concerns affecting them in various ways and which also contribute to the high cost of doing business. These are the issues which the private sector feels the Government should tackle in order to deepen investments and enable the business community play its key role of wealth and job creation.

The intention is to make the process of developing business concerns and having roundtable meetings with the Government regular. This is aimed presenting a unified voice of business to the authorities and complement advocacy efforts of individual Business Membership Organisations (BMOs)

The organisations that have been involved in this endeavour are:
Budget Hotels Association; Central Jua Kali Association; Create Africa; Federation Of Kenya Employers/ Agricultural Employers Association; Hindu Council; Kenya Association Of Manufacturers; Kenya National Alliance Of Street Vendors & Informal Traders Association; Kenya National Chamber Of Commerce And Industry; Nakuru Business Association; Nakuru Citywide Resident Association; Tenants Association

Nakuru’s business community wants the Government “to consider investors in a positive way”. This, it says, is the only way in which investments in the town can be deepened, in the process creating jobs for thousands of unemployed youth and fostering development in the region.

“It is no longer fun to invest in Nakuru because of the high cost of doing business with regard to every aspect including poor power supply, water problems because the council does not supply water and corruption among others,” says Spin Knit Ltd’s Mr. Jayesh Shah, who is also KAM Nakuru Chapter Chairman.

Most of the problems bedevilling Nakuru town have been attributed to poor planning by the planning department and the sudden increase in the town’s population following the 2007/08 post election violence.

The Nakuru Regional Business Agenda identifies six priority areas that should be worked on in order to deepen private sector development in Nakuru town and reduce the cost of doing business. These six, are the main challenges facing the towns business community and greatly hindering development.

Apart from identifying these six challenges, the Nakuru RBA also proposes actions and possible solutions to these problems if Nakuru is to have a conducive environment for increased investments and wealth creation.

The problem areas are as follows:
a. Provision of adequate and efficient infrastructure and Labour laws
b. Fighting crime and insecurity
c. Land rates and valuation
d. Corruption
e. Service delivery by the Local Authority
f. Environment

info@nba.co.ke