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{
    "id": 118643,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/118643/?format=api",
    "text_counter": 321,
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    "content": "you farm maize on one acre and expect to feed the people of this country. So, we need to look at the grain growing areas of this country where Kenyans say they are hungry simply because they have not seen ugali. We need to be fair to those areas that produce maize and ensure that the land holding is commensurate to the needs of this country. This is because we are a country that lacks enough food not because we cannot produce, but because of very poor planning. This document has addressed the issue of historical injustices. We have had displacements before we were born as a country. We hope that this matter will be sorted out. I want to agree with an hon. Member who said that the heart of this policy is the National Land Commission. I also want to agree with what the Prime Minister who told us earlier that the main area of reforms lies in the constitutional review process. As the Minister replies to this debate, I would like him to address the issue of the National Land Commission, as articulated in the Harmonised Draft Constitution, in relation to what is contained in this Sessional Paper. I have gone through the two documents and seen that they are almost completely different. My biggest worry is that if the National Land Policy introduces something that is completely different from what is in the Harmonised Draft Constitution, it means that we are going to subject that chapter in the Harmonised Draft Constitution to debate. Mr. Temporary Deputy Speaker, Sir, we are currently trying to negotiate the positions that we can take, as far as the Harmonised Draft Constitution is concerned. If we are really ready for reforms, the faster we move with the Constitution review process, as the Prime Minister said earlier today, the better for us. The Sessional Paper on the National Land Policy is introducing things that are completely different from those contained in the Harmonised Draft Constitution. For instance, in Article 84 of the Harmonised Draft Constitution, the first function that was awarded to the National Land Commission is managing public land on behalf of the National and Devolved Governments. In this other document, the Devolved Governments are not there. Who is going to manage the land on behalf of the Devolved Governments? The Minister must address that question in his response. As articulated in the draft National Land Policy, the first function of the National Land Commission is to hold title to and manage public land, on behalf of the State, and yet we are concentrating on devolution of powers in the constitutional review process. Does it mean that when it comes to land, we are going to re-consolidate again and go to the national organ? I would like the Minister to also address that aspect candidly in his reply. Mr. Temporary Deputy Speaker, Sir, I know that the Minister has officers who are able to go through all this, even as we speak. If you go through the whole list of functions given by the Harmonised Draft Constitution to the National Land Commission, vis-a-vis the functions given to the National Land Commission by the draft National Land Policy, you will find that there are glaring differences. You might find that we have about 10 points that are completely different. How are we going to handle this, if we are really ready to adopt a new Constitution next year, without bringing about new debate on the chapter of the National Land Commission, as contained in the Harmonised Draft Constitution? In the Harmonised Draft Constitution, the National Land Commission has been given investigative powers; to investigate disputes of land ownership, occupation and"
}