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{
    "id": 1023133,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1023133/?format=api",
    "text_counter": 372,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": " Hon. Speaker, I rise to seek your guidance on the subject matter of this Motion in terms of its constitutionality. I believe the Standing Orders allow a matter on constitutionality to be raised at any one time. Hon. Speaker, between the time the discussion began in the morning and now, certain facts have emerged that were, perhaps, not clear. This Petition purports to demand of the National Assembly to do things that are not allowed within the provisions of Article 119 of our Constitution. You have emphasised the need for this House and its Committees, to only consider matters within our authority. You even emphasised that this afternoon and you are the lawyer in the House. Hon. Speaker, there is a maxim that equity does not act in vain. If you are to apply it in this House, we would be asking: Should the Committees of this House act in vain? If we were to be challenged that we have given instructions to the National Land Commission (NLC), an independent commission that cannot be directed by any other body, then we will have acted in vain. The Petition was seeking that the House directs the NLC to do something. If you look at what the Committee is recommending, if we adopt the Report, we would be moving into contravening Article 119 because we will be talking about determining the rightful owner of the land. That is a determination of the rights reserved within Article 23 of the Constitution, a matter reserved for the courts. Hon. Speaker, indeed, he who comes to equity must come with clean hands. The petitioners did not disclose in their Petition or to the Committee that they had gone to court, twice, on the same matter, lost the case and paid the costs. They have now decided to come through a roundabout route, through a Petition to Parliament to seek what they did not get in the Environment and Land Court. Instead of appealing after losing in the Environment and Land Court, they have come to the House. As a House, do we have the authority to determine the rightful owner of the land, order compensation and, to expedite issuance of a title deed?"
}