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"id": 641769,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/641769/?format=api",
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"type": "speech",
"speaker_name": "Hon. Oyugi",
"speaker_title": "",
"speaker": {
"id": 444,
"legal_name": "Augostinho Neto Oyugi",
"slug": "augostinho-neto-oyugi"
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"content": "With a population that is half semi-illiterate, the only thing that can give us sustainable incomes is land. I have travelled to several parts of this country. If the land issues are not handled properly, that is where Kenya’s conflict will begin. If we really want to deal with Kenya’s problems properly, land issues ought to be dealt with sufficiently. I do not think this Land Laws (Amendment) Bill that the Committee has brought deals with these land issues. I want to speak to a few things that this particular legislation proposes to do. If you allow me, I will be reading a couple of provisions. Article 67 of the Constitution speaks to the establishment of the National Land Commission (NLC). There is a reason why the Kenyan people said they wanted the NLC. They thought that the CS and several mandarins within those various ministries deal with land in a manner that is not good and that is not effective in this country. That is the reason why we created the NLC. I heard some speakers alluding to the fact that the NLC, as is presently constituted, looks like it is speaking to only one side of the coalition. I think that is total madness because the Commissioners are not there for perpetuity. Today, it may be the one who could be in Jubilee, tomorrow it may be a coalition for CORD commissioner. You cannot look at a constitutional commission with coalition lenses. You cannot start saying that it is either Jubilee or CORD. It is the NLC as stipulated in the Constitution. You cannot start looking at the Constitution with coalition lenses simply because the person heading it is either Jubilee or CORD. I think that is improper. Having said that, I really think that the NLC ought to be treated as an independent commission, whoever heads it or whoever will head it in future. We need to respect constitutional institutions. We must protect them in whatever form and manner. Whether the NLC is doing its job right now is what we need to evaluate. Article 67(2)(a) of the Constitution says:- “The functions of the National Land Commission are to manage public land on behalf of the national and county governments.” The Constitution is saying that the person who is supposed to manage this land on behalf of the national Government and county governments is the NLC. I do not understand why someone wants to make this management the subject of the CS. For example, we appreciate that there could be tough fights between the CS and the NLC. That is appreciated, especially in a new Constitutional dispensation, where some people still believe in the old order. We know change does not come easy. That is why someone will constantly be opposing change. That is not bad because they will learn to live with change. Change is the only thing that is constant. It shall always be there. Whether you like it or not, the NLC is in existence and shall execute its mandate. To that extent, the Constitution speaks to the fact that---"
}