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"id": 1186586,
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"type": "speech",
"speaker_name": "Kanduyi, FORD-K",
"speaker_title": "Hon. John Makali",
"speaker": null,
"content": "Hon. Temporary Speaker, going down memory lane when we were having discussions on enacting our Constitution in 2010, one of the most contentious chapters was the one on land. There were very hot discussions on what provisions should be put in this chapter. Article 68(1) of the Constitution clearly gives this House the powers to enact legislation that will prescribe what is the minimum and maximum land holding. This Motion seeks to give effect to a constitutional imperative that is granted by Article 68(1) of the Constitution of Kenya. The Fifth Schedule of the Constitution gives the timelines for the enactment of legislation. In that regard, this legislation ought to have been enacted within a period of 18 months. To date, no legislation has been enacted that prescribes the minimum and maximum land holding. This Motion is perfectly before the House so that we can deliberate and come up with a resolution as to the way forward. Secondly, Section 159 of the Land Act, 2012 states that the cabinet secretary is required to establish a commission to carry out a scientific study to inform the particulars of the legislation, which study should be shared with the public and their input taken before such kind of legislation is passed. So, there is no fear. Those who are worried that if we put this legislation in place large tracts of land will be lost have absolutely nothing to fear. This will all be subject to public participation as required by Section 159 of the Land Act, 2012. It cannot be gainsaid that we have persons in this country who own large tracts of land. It cannot also be gainsaid that there are persons in this country who stay on very small portions of land. Where I come from, they describe those people who live on small portions of land as 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."
}