Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1404509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1404509/?format=api",
    "text_counter": 293,
    "type": "speech",
    "speaker_name": "Nakuru Town East, UDA",
    "speaker_title": "Hon. David Gikaria",
    "speaker": null,
    "content": "At the same time, as Parliament, we must also ask ourselves whether we sometimes legislate on matters that are unconstitutional. Do we approve them without looking at them critically? Article 67(2)(e) of the Constitution says that the function of the NLC is to initiate investigations on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress. Where did this time limit come from? The Constitution is very open that they can initiate investigations on their own or upon receiving a complaint into present or historical land injustices. We need to ask ourselves what historical land injustices are. How many years become historical? Do we treat a land injustice that has been there for 40 years as historical or present issue? It is important for us to address constitutional issues. As Members of Parliament, we are not supposed to make unconstitutional legislations. As indicated in Article 67(2)(e) of the Constitution, we should not have time limits. We should allow the NLC to do its work. After the promulgation of the Constitution of Kenya 2010, we went to Nakuru County. Unfortunately, there are many land cases from there. As my brother from Matuga Constituency indicated earlier, sometimes you do not know whether you should follow the Ministry of Lands, Housing and Urban Development, which issues title deeds to respective individuals; or the NLC, which says the issued title deeds are fake or just pieces of paper. It is unfortunate when we have such kind of disputes and long litigation processes that go on for over 40 years. For instance, if you go to Naivasha, there is a case that has been in court for the last 30 years. The court has not made any decision. It is important for the NLC to take up its role and address land matters, so that we stop these litigations that continue in the Environment and Land Court forever. With those few remarks, I support the Bill. However, we should not put time limits on constitutional issues like the NLC. Thank you, Hon. Temporary Speaker."
}