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