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{
"id": 1334135,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1334135/?format=api",
"text_counter": 48,
"type": "speech",
"speaker_name": "Lamu East, JP",
"speaker_title": "Hon. Ruweida Mohamed",
"speaker": {
"id": 2100,
"legal_name": "Shariff Athman Ali",
"slug": "shariff-athman-ali"
},
"content": " Hon. Speaker, I, the undersigned, on behalf of the residents of Lamu East Constituency, draw the attention of the House to the following: THAT, Boni-Lungi is an area of land between Dodori and Boni National Reserves in Lamu East Constituency measuring approximately 39,925.7 hectares, and is inhabited by over 480 households of the Aweer Community; THAT, Article 56 of the Constitution obliges the Government to put in place affirmative action programmes for minorities and marginalised groups. Further, the National Land Policy calls for protection of land rights from unjust and illegal dispossession of both vulnerable and minority communities; THAT, vide Gazette Notice No.1447 of 2016 published on 4th March 2016, the Cabinet Secretary for Environment, Natural Resources and Regional Development Authorities declared Boni-Lungi as a State forest; THAT, the gazettement was done without consulting the people and leaders of the affected region contrary to Article 10(2)(a) of the Constitution, which provides for public participation in making and implementing public policy, and in applying the law. Further, the gazettement was in breach of the provisions of Article 69(1)(d), which requires the State to encourage public participation in environmental management; THAT, the land in question is community land that the local people have been farming and depending on resources for collecting natural fruits, honey, plants for traditional medicine and building materials; THAT, being one of the most marginalised indigenous cultures in the country, the gazettement further threatened the Aweer Community with loss of their land, livelihoods, way of life and, perhaps, their very lives; THAT, sustained efforts to solve the issue and attain a workable solution to this concern have been futile; and, THAT, the matter presented in this Petition is not pending before any court of law, constitutional or legal body. Therefore, your humble Petitioners pray that the National Assembly, through the Public Petitions Committee: 1. Investigate the matter and compels the Ministry of Environment, Climate Change and Forestry to degazette Boni-Lungi as a State forest. 2. Recommend that the Cabinet Secretary for Lands, Public Works, Housing and Urban Development in consultation with the County Government of Lamu to facilitate registration of Boni-Lungi as community land pursuant to Article 63(5) of the Constitution and other applicable laws. 3. Make any other order and/or direction that it deems fit in the circumstances of the matter. And your Petitioners will ever pray. Thank you, Hon. Speaker."
}