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"speaker_name": "Sen. Sifuna",
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"legal_name": "Sifuna Edwin Watenya",
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"content": "plaintiff had been unable to effect personal service on some of the respondents in the case. Therefore, it is not true that a definitive determination has been made on the ownership of the land in Machakos County. We are not here to argue the legality or the title of who owns what. Whether it is a question that it is public land, owned by Portland or by these individuals, is another case altogether. What we want to address in this Motion is the inhumane suffering that has been precipitated by this action. At the end of the day, our Constitution and the law require that there has to be a humane way to resettle people. Madam Temporary Speaker, I am sure you are familiar with our own evictions and resettlement guidelines of 2009 that require that before certain actions are taken, such as the ones we have seen in Mavoko, 90 days’ notice has to be issued in the Kenya Gazette. Of course, in this particular case, it was not done. This is because hours after the court decision throwing out the case by the land ownership society, the graders were there ready to demolish houses. Every single Government must always worry about the situation of their own people. As Sen. Kavindu Muthama has alluded to, the current regime is on record having said that the era of forceful evictions and night-time demolitions was going to be a thing of the past once they were sworn in. It is quite shameful that, as we speak, over 3,000 households are without a roof over their head. We have counted at least five churches and three schools as of yesterday. I have heard Sen. Kavindu Muthama say that, in fact, it is four schools. More than that, the demolitions are ongoing. I can confirm that because I have just come from there, but we were denied access because Police Commander in Charge told us that the exercise will continue for another few days. Madam Temporary Speaker, we understand the legal tussle might take time and that it might be a complicated case. However, what is not complicated is that people cannot be sleeping outside. As Sen. Kavindu Muthama has said here, we are entering a period where we anticipate heavy rainfall. In fact, we have been warned by Meteorological Department for a long time that we might be experience El Nino rains anytime. What would have been the challenge with the management of Portland giving these people ample time to move out? What is more shocking is that in today’s DailyNation, we saw another advertisement by Portland, dealing with a separate portion of land that they own. Somehow, they have taken a different approach in this particular case of that land. They recognise that there are people who are settled on that land, some of whom might even be squatters. However, they have said they are going to give those people priority when that land is advertised for sale. I am only asking myself why it was impossible for Portland to afford the same opportunity to the people who are in the current situation for the people who were on the land that is now being demolished. They should have been afforded the same opportunity to discuss and see if these people are able to purchase these pieces of land and do regularisation as we saw in that particular advertisement. 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."
}