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{
    "id": 1402465,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1402465/?format=api",
    "text_counter": 222,
    "type": "speech",
    "speaker_name": "Ugunja, ODM",
    "speaker_title": "Hon. Opiyo Wandayi",
    "speaker": null,
    "content": "My submission is that the House erred. It made a great error in purporting to limit the timeframe within which historical land injustices would be addressed by the National Land Commission. Therefore, the only limit that is available… We are lucky that the courts have not been moved to declare this section of the Act unconstitutional. Therefore, Hon. Baya has given us and Kenyans in general, a golden opportunity to right the wrong that was occasioned through the enactment of this statute law. The only remedy for this ambiguity, illegality and unconstitutionality is to adopt the amendment being proposed by Hon. Owen Baya. We should allow the National Land Commission to undertake and execute its mandate and perform its functions as clearly contemplated under Article 67(2) of the Constitution. Otherwise, if we were to go with the provisions of this Act that no more historical land injustices cases will be dealt with by the Commission, how would we want Kenyans to deal with them? If by this limitation under the Act, the National Land Commission would no longer undertake its function under Article 67(2)(e), then who would perform that function? If the National Land Commission is barred from performing that function by dint of the provisions of the National Land Commission Act, who would be called upon to perform that function? That is the question we should be asking as a House. Who shall we now go back to? Because in the current Constitution, no other authority has that function. No other authority or person can perform that function under Article 67(2)(e) other than the National Land Commission. Not the President, the Cabinet Secretary for Lands, Housing and Urban Development or anybody else. Do you want Kenyans to now go back to the rule of the jungle and square out their issues physically? For instance, if I feel that a land injustice was occasioned on me and the body mandated by the Constitution to address it is unable to do it, what do I do? Do I square it out with the person whom I feel has caused me the injustice? It is only logical that the amendments being proposed by Hon. Owen Baya are endorsed and approved in totality by this House. In fact, this process should be expedited. As we speak, I know that there are cases pending before the National Land Commission. They might be cases which have come from elsewhere or which they have initiated on their own volution. I know my friend Hon. Caroli Omondi is itching to speak to this. I will plead that we give him time to say something after this. To get to know what is in mind about this particular matter. Hon. Temporary Speaker, from where I sit, I do not think we have any other route to cure this problem. I, therefore, plead with you Hon. Members and colleagues to expedite this Bill. Let us just adopt it like yesterday and have it assented to, for us to go back to where we should have been from the very beginning. We must allow the National Land Commission to perform its functions. With those very many remarks, I support. Thank you."
}