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{
    "id": 584593,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/584593/?format=api",
    "text_counter": 212,
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    "content": "Kisumu which I have been following very carefully. It has been in court for 27 years and the judges are not in a hurry to settle it. I have written to the Chief Justice regarding this issue and I have not gotten a single reply to the two letters that I have written. The Land and Environment Court in Kisumu is not working and it is frustrating development and investment. These cases which are taken to court impede development. I know of a case where an honest Kenyan wanted to use land in Maseno to build a hostel for students because students there, lack hostels. Somebody took the case to court. However, the Land and Environment Court in Kisumu has not settled this case for over three years. How can we have development and investment going on when the Land and Environment Court which is the most important court in this agricultural county where investment in land is so important, is not working? This is one of the great injustices in this nation. I hope the Chief Justice who used to be my colleague and comrade is listening. He has been given accolades for what he has done in the judicial system, but he has totally failed in making Land and Environment courts do the work they need to do in a country where land issues are so important. Mr. Temporary Speaker, Sir, I want to add that land use in urban areas, towns and cities is very important, unless in the new land law that the NLC will pass in the context of this Constitution, Article 60 is so clear, it lays the broad principles on which that law must come. It states that:- “Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance to the following principles- (a) equitable access to land; (b) security of land rights;” Mr. Temporary Speaker, Sir, these two words “equity” and “security” are very important. (c) sustainable and productive management of land resources; (d) transparent and cost effective administration of land; (e) sound conservation and protection of ecological sensitive areas; (f) elimination of gender discrimination in law, customs and practices related to land and property in land; and (g) encouragement of communities to settle land disputes through recognized local community initiatives consistent with this Constitution”. Mr. Temporary Speaker, Sir, the principles are all there for transparent and cost effective administration of land. Are we cost effectively administering land? Sustainable and productive management of land resources, the way the Land and Environment courts are functioning in this country is completely contravening the principle of this Constitution. They are the people who should defend and protect the Constitution. They are the people who should secure the rights of Kenyans. It defeats justice when a case can be in court for so long. They say justice delayed is justice denied. There are too many delays in the court and, therefore, too much denial of justice, and yet land is so important. Mr. Temporary Speaker, Sir, as I finish, let us look back in this nation and ensure that the JTRC report by Amb. Bethwel Kiplagat is given to the NLC, in writing the law that my friend Sen. Mutula Kilonzo Jnr., is calling for. The Ndung’u Report should be given to the NLC in writing the law that Sen. Mutula Kilonzo Jnr., is calling for. Both Waki and Kregler reports should be given to the NLC, so that when they come up with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}