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"id": 1414,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1414/?format=api",
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"speaker_name": "Ms. Karua",
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"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": "Madam Temporary Deputy Speaker, I want to, first, commend the Committee, I wish they went a little bit further and moved this House to stop all demolitions until there is a policy on demolitions. I am hoping that before the conclusion of this debate, an appropriate amendment to that effect will come up. I think the Committee tried within the time and the means they had. I want to refer to one of their observations that there were court cases between the Kenya Airports Authority and the residents of these places before the demolitions. This brings to question the issue of the rule of law. How could a Government entity and the Government itself be involved in demolitions when the matter is pending before the court? We passed a Constitution so that we could have a new beginning. Is this the new beginning where the Government is leading the country in disobedience of the law? Madam Temporary Deputy Speaker, we also have been told that some of the areas demolished had nothing to do with the flight path. Why were they demolished? There is obvious self-interest. We would like to know who are these powerful individuals who are interested in this land and who are causing a majority of poor people to be displaced at this time in place? Even if we were to believe the Government officers who testified that the land belonged to the KAA, the Government watched these citizens building their houses until they completed. Some had been there for more than a decade. The notices that were being tabled in this House by the Minister for Transport, some were dated, 2005, others 1999 and others 2007. How could the Government sit idle and watch people utilize their life sweat and then demolish thereafter? A Government stands in a position of trust. The relationship of a Government and a citizen is like that of a parent and a child where there is total trust; where a person expects protection, facilitation and support at all times. These Kenyans received nothing else, but aggression from their own Government. This is an incident which I will say what I did say during the passed Motion on Syokimau that it is a Government at war with its people. Even if the title deeds were found not to be genuine, yet these people have spent their life savings building these houses, the Government ought to have come in, found an alternative place for these people to go. After all, the Constitution is asking the Government to settle the landless. So, it ought to treat these people, if, indeed, the land does not belong to them, as part of the people who need to be settled. Show them an alternative place. Because of the Government’s failure to let them know early enough that the houses they were putting up were not on land that should be utilized in that manner, then the Government must be liable to compensate. I see the Committee is calling for ex-gratia . We should be bold enough to call for compensation, and not ex-gratia . It is compensation. I am certain that a case well prosecuted in a court of law, utilizing our Constitution and our laws, that case will succeed. The Ministry of Lands has been a morass of confusion for a long period, over one decade. I do not want just to blame my good friend who happens to be the Minister at this time. This is rot that has gone on for more than a decade. You will find that in most places there is double allocation within the towns and there is double title even in rural land. Therefore, are we able to believe the Ministry of Lands when they tell us that these title deeds are not authentic and the title deeds with KAA are authentic? Is this another incident of double allocation? If it is double allocation, who is to blame? It is the Government because it is the Government officers who are misleading innocent Kenyans. Whichever way we turn when a Government presides over confusion like it has in the issue pertaining to land and in many other matters in this country, it owes a duty of care. When it is unable to create an orderly society, then the loss the citizens suffer must be borne by the Government. I am, therefore, calling for full compensation not ex-gratia, but compensation as of right. Already these people have been hurt irreparably. I believe my sister across when she says that somebody has died. This is actually destroying people. The trauma that one suffers is impossible to recover from. It is a time when Kenyans are suffering because of the rising cost of living and the high cost of food. Even those who are within their houses have problems making ends meet. What about a person who finds their house flattened at the end of the day? Madam Temporary Deputy Speaker, this Government must remember that it is there because of the people, not to serve itself. If it is a Government by the people and for the people, then it must compensate those people. By demolishing this numbers of houses, the Government created a humanitarian crisis. Many families have been left homeless in the rain. Many families are without money or anywhere to go. If the Government and Government officers were shedding or purporting to shed tears for the Sinai victims, they must shed tears for the humanitarian crisis that they, themselves, have caused. If every time there is a disaster we rush to help the people because it is a humanitarian crisis, when you displace the number of people who were displaced from Kyang’ombe, Maasai Village, Syokimau and all those other places, it is a humanitarian crisis deserving of intervention. In the name of the people of Kenya, even if the Government is uncaring, the citizens are caring for fellow citizens. This Parliament must resolve that those people must be fully compensated. We must also resolve to halt any further demolitions anywhere without a proper policy on how to demolish and resettle people. I want to stand here and say that I appreciate our city has to develop. I appreciate that, at times, a Government may need to acquire land which people are occupying. That is why we have compulsory acquisition. The Government is the custodian of all that Kenyans have. Therefore, it is the Government that can show those people alternative settlement. That is the same thing that happens when the Government wants to develop anything within the informal settlements. I just want to ask: What do those in Government think? Where do they think those people will go? Will they go to thin air? Human beings will not vanish into thin air. It is, therefore, mandatory that the Government comes up with a proper policy of how to effect demolitions where necessary. Madam Temporary Deputy Speaker, the other point is that our Constitution is very clear on due process. Even where in Article 40 (6), it says the titles that are not lawfully obtained will not be protected, it pre-supposes due process. That is because it says, “If it is found!” How else is it found other than by due process? The Government, therefore, ought not to have moved to demolish without either compulsory acquiring or without a court order to show that eviction was necessitated. Even where there is a court order, in civilized countries - and we are hoping that this Government would like to count itself as superintending of a civilization known as Kenya - it ought to have given adequate notice for people to move out, show them alternative settlement and compensated them as necessary so that they can move. We must learn to do things in an orderly manner. We cannot be visiting Muoroto on people the same way the KANU regime did in the 1990s, necessitating the Saba Saba demonstrations. It cannot be the same thing that is being done by the Grand Coalition Government. This Government has lost any claim to be reformist or democratic and to abide by the rule of law. It is a Government that has displayed impunity. No wonder its parastatals are equally displaying impunity and disobeying court orders. I have seen the recommendation that we amend the Contempt of Court Act. I think the Committee, because it went without guidance from the Committee on Administration of Justice, may not have got everything correct. I do not think it is the law that has a problem. It is the implementation and enforcement. This is a case of pure impunity and not inadequacy of the law. Yes, some of the laws need to be reviewed and we need to move to enact the land laws envisaged by the Constitution. We also need to have a Lands Commissions so that instead of the Government dealing with issues of land, it should be the Land Commission---"
}