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"id": 1526743,
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"type": "speech",
"speaker_name": "Sen. Okiya Omtatah",
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"content": "Yes, I have a supplementary question for the Hon. Cabinet Secretary. Kenya is not a communist state such that private property be determined by the State. Article 40 of the Constitution prohibits the arbitrary denial of property rights. A macadamia farmer is a property rights owner. That property is his. If the state believes that it is a public purpose to be earned by banning export of raw or unprocessed macadamia, then the state has an obligation, under Article 40 of the Constitution, to compensate the farmers the value that they lose by not exporting their macadamia. They cannot be used as sacrificial lambs to give people employment. When farmers grow macadamia, they do so to make money. They do not do it to have some Otieno, Alhaji or Sen. (Prof.) Ojienda here to be employed. They grow macadamia to make money because macadamia is their property. The state has absolutely no right to deny them maximum benefit of their property. If it is a public purpose that the Government has in terms of creating jobs by retaining raw materials locally, then it has a duty and an obligation to make sure that it compensates the farmers for what they lose by being denied the global market. I do not think the Government has any right to do what the Cabinet Secretary has said. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}