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"id": 119172,
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"content": "know Kenya, but listen to its songs. Do not just read the laws, but also listen to the songs that the people sing. They will tell you about Kenya. The songs that people sing will tell you about the values that we have and those values we do not have. We can have good policies, but there are other problems that this country has. Good policies and a good Constitution will not deal with that side of the Kenyan character, which is in dire need of reflection. Mr. Deputy Speaker, Sir, let me now come to the substance of the policy. First of all, as I said, I thank the Minister and all those who have put in so much effort. The policy is long overdue. We know that we need a sound policy because if we come up with a bad policy, it can be extremely harmful. Probably, it will create conflicts and violence. Its ability to reverse the gains that we have will, indeed, be very high. We know how easy it is to mobilise our people for political reasons and selfish reasons. We have seen it every single day for so long. I would like to correct the Minister for Justice, National Cohesion and Constitutional Affairs that Internally Displaced Persons (IDPs) did not just come up this time. When Miteitei Farm was attacked in October, 1991, that was the first time we began to see IDPs in Kenya resulting from land issues. We have had IDPs since October, 1991 to this day. Mr. Deputy Speaker, Sir, I appreciate the commitment exhibited in this matter. I notice that every time the Minister speaks, he talks about securing land rights for our people. That is a very significant concept. The idea of equitable access to land, encompassing gender; intra-and-inter-generational equity, sustainable land use reforms to balance the needs for subsistence, commercial productivity and settlement; effective regulation of land development for optimal value, redressing historical injustices, access to land information to facilitate vibrant land market as well as efficient, transparent and democratic administration of land are among points that have been canvassed very strongly. Having said that, I wish to raise a number of points, starting with the fact that he Committee is not quite clear whether this policy has stressed and expressed in very clear terms that an investor or Kenyan can own, acquire and occupy land legitimately and legally, anywhere in this Republic. That categorical statement seems to be lacking. I think it is one we all know is at the heart of some of the problems we are dealing with today. Mr. Deputy Speaker, Sir, paragraphs 119 and 120 of this Land Policy talk about the Government ensuring that all land is put into productive use on a sustainable basis by facilitating implementation of key land policy principles on conservation of land quality, environmental audit and assessment, productivity targets and guidelines, land sizes and land using plans. That idea of productivity targets, it is difficult to see what this provision is trying to achieve. It can actually end up scaring investors. I am asking whether a policy should actually create productivity targets. Do we have a way of monitoring this? What are the repercussions of not meeting them? It is our view that the Government should create an enabling environment and leave firms and private sector within the various environments to respond freely to market conditions. This clause ought to be deleted or amended. It is ever so directing. I think what we are looking for is something that is more inspirational and not a directive idea. Thirdly, I know the Minister has really sought to talk about land tenure. I think we need further clarity. There is the emphasis that this issue has been handled but one cannot"
}