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"content": "injustice claim by the Commission, any"
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"content": "authority mandated to act under the redress"
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"content": "recommended shall be required to do so"
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"content": "within three years."
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"content": "(12) The Commission shall publish all"
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"content": "determinations. No.4 of 2015. (13) A person who is aggrieved by a determination under this section may apply for review of the determination under section 7 of the Fair Administrative Acton Act. The justification is that Clause 3 of the Bill proposes to amend Section 15 of the National Land Commission Act through deletion under subsection 3 and 11. However, Section 15 of the Act is a transition provision that was to expire after five years following its enactment and, hence, the provisions of subsection 1. The Committee proposes to substitute Clause 2 of the Bill to align with Article 67(2)5 that does not anticipate a time limit where the National Land Commission exercises the function of initiating, receiving, admitting and investigating a complaint on present historical land injustices."
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"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Chairman",
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"content": " Thank you."
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"content": "(Question of the amendment proposed)"
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"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Chairman",
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"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
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"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Oundo Ojiambo",
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"content": " Hon. Temporary Chairman, as it might look plausible, the principal Act says that the provision of this section shall stand repealed within 10 years. That means that if you had an issue about any historical injustice, you must have petitioned the NLC and the courts and must have exhausted all avenues within 10 years. Indeed, the Constitution has been with us for over 10 years and the NLC has been with us for all those years. This was an amendment that was brought by Hon. Owen Baya and I can understand the historical aspect of it, including the issue of absentee landlords. But, honestly speaking, we must bring some issues to a closure. We cannot live in eternity with a problem. There must come a time when we bring it to a closure. Even when you have a dispute with your neighbour, common sense and fairness require that you must bring the matter to a closure. We cannot leave a matter open forever, because then the NLC will perpetually do nothing else but be saddled with boundless and endless complaints of historical land injustices. When we did general surveys many years back, land boundaries were never precise or fixed. That is why even the Constitution talks about traditional dispute resolution mechanisms. Yet, this amendment seems to be oblivious to that provision in the Constitution, as much as the amendment is good for his constituency and the coastal strip. The Maasais are going to claim Nairobi because it is a historical land injustice. Yes, the 10 years have lapsed. We could introduce another timeline, but not just leave it open forever."
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