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"content": "Hon. Speaker, the House facilitated the Committee members to conduct a site visit in Molo sub-county in Nakuru County, where it met with and listened to firsthand accounts of the Petitioners and their representatives. This was to enable the Committee to understand who the community are, where they are found, their plight, the interventions they have sought so far, and whether the same have been successful and the remedies that they were seeking from the Committee and from this honorable House. Mr. Speaker, Sir, the Committee subsequently held meetings with the National Gender and Equality Commission (NGEC) and considered written responses submitted by the Kenyan National Commission on Human Rights (KNCHR), the National Land Commission (NLC) and the Office of the Auditor-General (OAG). All these are summarized in the subsequent chapters of this report; which, for purposes of my tabling today, I will not get into. Having heard from the Petitioners as well as the other stakeholders, the Committee made various observations, which are set out in chapter three of this report. These relate to the claim of marginalization and discrimination of the Torobeek Community. They also relate to the question of resettlement or compensation for loss of their ancestral land, the delayed implementation by the Kenyan Government of the judgment of the African Court on Human and Peoples’ Rights on the Ogiek case and the failure by the Constitutional commission on effective discharge of their mandate. Mr. Speaker, Sir, the Committee was particularly concerned that the historical land injustices claimed by this community has been pending at the NLC since it was admitted for consideration in 2021. Had it been addressed, the Petitioners would not have had to approach the Senate on the same matter. The Committee was also concerned that while the NGEC has been in existence for over a decade now, it is yet to come up with guidelines on how to evaluate existence of marginalization, who qualifies as a minority or marginalized community. It is further yet to document and map the minority groups and marginalized communities in the country. Arising from the observations on the Petition, the Committee made three key recommendations- First is that the NLC expeditiously investigates the issue of historical land injustices against the Torobeek, as submitted by the Petitioners and admitted by the Commission under file reference number NLC.HLI.1117/2021 and the Commission to submit a status report to the Senate within three months of tabling of this report. Secondly, that the NGEC works with the Ministry of Interior and National Administration and other relevant Government agencies to facilitate the recognition of the Torobeek Community by issuing, with a unique identifying identification code, its recognition as an ethnic community in Kenya, and to submit a status report to the Senate within three months of tabling of this report. Thirdly, that the NGEC undertakes investigation on the complaints relating to human rights violation, discrimination and marginalization of the Torobeek Community and submit a report to the Senate within three months of tabling of this report. Mr. Speaker, Sir, while indeed this matter is live before the NLC and following the interventions by the Committee before the NGEC, the Standing Committee on The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}