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{
    "id": 1402462,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1402462/?format=api",
    "text_counter": 219,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this Bill. I suppose I have 10 minutes or more. I am not sure. I seek your advice on the number of minutes that I have to contribute to this Bill. Let me proceed. At the outset, I declare that I totally support this Bill which was sponsored by Hon. Owen Baya, Deputy Leader of the Majority Party, as a matter of principle. I looked at the section of the Act which is being amended. I can say, without fear of contradiction, that both Sections 14(1) and 15 of the Act were, in my considered view, unconstitutional initially. Why do I say so? I hope the Leader of the Majority Party will listen to me because I am raising very fundamental issues here that may be of interest to him, going forward. For his benefit, I repeat that I support this Bill, as a matter of principle. As I have said, I have looked at the sections of the National Land Commission Act that Hon. Owen Baya is proposing to amend. I can say, without fear of contradiction, in my considered view or opinion, they were unconstitutional initially. Why do I say so? Whenever Parliament is called upon to enact laws or give effect to particular provisions of the Constitution, it cannot be that same law becomes a limitation or hindrance to the very provisions of the Constitution that it seeks to effect. Article 67 of the Constitution focuses on the powers and functions of the National Land Commission (NLC). Article 67(2)(e) of the Constitution states that the function of NLC is to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress. These are powers that were given to the NLC by the Constitution. The drafters of the Constitution and Kenyans generally gave these powers to the National Land Commission through this Constitution. However, in the National Land 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"
}