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{
    "id": 1023140,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1023140/?format=api",
    "text_counter": 379,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. T. J. Kajwang’",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": " Hon. Speaker, I have a lot of respect for the significant Members who are leaders in this House both in the Majority and Minority parties. But let us, for once, look at this in an impartial manner and see where this Petition is coming from, and for what value. As far as I am able to see - and I have the Petition with me - the first recommendation of this Committee is to the Ministry of lands in consultation with an independent body called the National Land Commission to do some things. It is true that NLC is an independent body, but the direction is to the Ministry of Lands to consult with that independent body. The independent body is not being directed to do anything substantive. The direction is to the Ministry of lands, which we have authority over under Article 95 of the Constitution to be able to proceed against. The second recommendation is to the Director of Criminal Investigations (DCI) to investigate some matters. This is purely something within the remit of the Assembly. The last recommendation is to the Ministry of Lands to do certain things. It may be or may not be the case that issues that are in this Report are true. The Assembly may decide, for reasons that are stated in the Report, that these recommendations do not hold water and, therefore, reject the Report. The Leader of the Majority Party may also decide to move an amendment, for example, to the first recommendation to delete the names of those people that, in his view, are independent and, therefore, cannot be directed. The problem I have is that the Constitution itself has given members of the public a constitutional right to come to this House and move us by way of a Petition. We have an Act of Parliament called Petition to Parliament (Procedure) Act, which states clearly that when a petitioner moves the House, he will state whether the matter has gone to the Judiciary or organs that are designed to deal with it. The architecture of the statute itself did not think that it is proper to deny petitioners or members of the public to petition the National Assembly just because the matters have been advanced in other fora. That is why if you look at our Standing Orders, they have mirrored that statute, word for word, on the need of the petitioner to disclose that, for example, that it is a live matter proceeding in court or that it has been handled in various organs. Therefore, I am cautious because the substance of the submission of the Leader of Majority Party is asking you to defeat what is constitutionally guaranteed to members of the public. It will 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."
}