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{
"id": 1467,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1467/?format=api",
"text_counter": 457,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "The Minister for Lands",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "Article 10 is about national values and principles of governance. The key words are “principles of governance”, which are critical. The national values and principles of governance in Article 10 bind all State organs, State officers, public officers and all other persons whenever any of them applies or interprets the Constitution, and enacts, applies or interprets any law or implements public policy decisions. So, in carrying out implementation of any Government decision, there must be strict observance of the Constitution. Therefore, nobody should stand up and say that it was a Cabinet decision and, therefore, they demolished the properties. You say that there was a Cabinet decision but you carried out the demolitions in accordance with the law, because that is what the Constitution requires. Therefore, with respect and humility, I want to put it before the House that from now on, we should tell those in authority, including myself, that demolitions have to be carried out, if they are in the national interest and for the good of the people of Kenya, but they should always be done in strict observance of the Constitution. The Committee will tell you that this was not an easy part for the Government to deal with when we appeared before the Committee. But at least the point was made that in relation to the demolitions that were carried out, they were security concerns and we were not able even to talk to the Committee in the public eye. We had to carry out proceedings in camera. I think those points were made. To me, what was of concern was that the demolitions that were carried out at that time were related to security installations at the time at the KAA, Wilson Airport and the Moi Airbase. Madam Temporary Deputy Speaker, as Mr. Kapondi pointed out, that if saw the demonstration that was given by the representatives of the Kenya Airforce, it was very difficult to live with the fact that these structures would continue to be in place at the great risk, not just to Kenyans as a whole, but interfering with aviation industry generally which is important for Kenya’s tourism. So, I would say that to the extent that this Report requires of the Government to ensure that there is a framework to carry out demolitions, I support the Committee in making those recommendations. In the Report, you will see that the Committee was talking about the eviction guidelines which are necessary in order to make sure that when we carry out evictions in future, they will be done within the context of the current Constitution. Madam Temporary Deputy Speaker, we have carried out the exercise at the Ministry although it is strictly not just to do with the Ministry of Lands. It is a law and order issue. We have prepared, and there is Cabinet Paper which has been prepared to state clearly how and when you can carry out evictions even where you have proved that you have a title deed and you have orders from the court to do so. Even in that respect, you need to carry out evictions in accordance with the new Constitution of Kenya. Madam Temporary Deputy Speaker, as relates to the many issues which have been raised on the Ministry of Lands, I cannot say that there is no abuse or malpractice---"
}