HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1953,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1953/?format=api",
"text_counter": 477,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
},
"content": "We are also proposing that the Court Bailiffs Act be enacted to enforce decisions of the courts, the Committee having established the enforcement of court decisions has been wanting, especially with regard to decisions rich in favour of poor citizens. Indeed, the objective of this particular law is to disengage the police from the judicial system in so far as enforcement of judicial decisions or orders is concerned. My Committee, therefore, recommends that the Court Bailiffs Act be enacted to establish a Court Bailiffs Office, which will be charged with the responsibility of ensuring enforcement of court orders, and that this be done within 90 days from the day of the adoption of this Report. Mr. Temporary Deputy Speaker, Sir, we are also proposing that the National Land Information Management System be established as a matter of urgency to eliminate the frequent problems of loss of files at the Ministry of Lands and issuance of more than one title for the same parcel of land. The Committee recommends that the Ministry of Lands completes the process of computerising all land records in the country and establishes a National Land Information Management System, as provided for in Sessional Paper No.3 of 2009, on the National Land Policy. The Committee recommends that the Ministry of Lands and other Government agencies dealing in land should embrace the GIS technology for all parcels of land in the country; that this be done as a matter of urgency, and that the Treasury allocates sufficient funds to undertake this exercise, so that the country can move forward. Mr. Temporary Deputy Speaker, we also want to see serious reforms in the Ministry of Lands. The Committee established the fraudulent dealings in the demolished properties in Syokimau and other related areas were largely as a result of fraudulent dealings and corruption by senior and junior officials in the Ministry of Lands. In order to restore confidence in the sanctity of title deeds and Government records, we are asking that the Government vets all officers in the Ministry of Lands to weed out corrupt officers and dismantle the cartels that have been fleecing money from innocent members of the public. We are also saying that there is need for a way of dealing with future demolitions. They must be done in accordance with the law to minimise damage and the emotional horror that people go through. We, therefore, recommend, as a Committee, that any future demolitions be conducted within the law, and that there should be co-ordination within Government agencies involved. The Committee further recommends that demolitions should be undertaken only in exceptional circumstances and after consultation with the people to be affected; and even in these areas, follow up should be undertaken to ensure that the evictees are provided with security and humanitarian aid. Mr. Temporary Deputy Speaker, Sir, we are recommending an audit of all buildings within Nairobi and other urban areas. To prevent future ad hoc demolitions, the Committee recommends that the City Council of Nairobi undertakes an audit of all building developments within its jurisdiction to establish those developed without approval plans and those which may have exceeded the approved limits in terms of height. The Government has not really been very clear about its position with regard to the Ndung’u Report. We feel that if the Government had been keen on the Ndung’u Report, we would not be where we are today. The Government has been ambivalent and ambiguous. We, therefore, recommend, as a Committee, to this honourable House that the Government implements the 2004 Report of the Commission of Inquiry into Irregular and Illegal Allocation of Public Land and reports to Parliament within 90 days. Mr. Temporary Deputy Speaker, Sir, the Committee further recommends that all Government agencies undertake an audit of their land and follow due process in reclaiming any of their land. The Committee also feels that it is important for citizens to respect court decisions. We established some parties were claiming rights to the parcels of land on which the demolished houses were built. They had filed cases in court and injunctions were issued but both parties did not always respect court decisions as further developments continued after injunctions and demolitions were conducted, despite court orders. We, therefore, recommend that Government agencies and the general citizenry respect the Constitution and the rule of law at all times, and that any decisions of the court, whether or not they agree with them, be respected so that we can restore confidence in the judicial system. Mr. Temporary Deputy Speaker, Sir, next, we are recommending restitution. I emphasise this because quite a lot has been said about compensation. What we are recommending is restitution, and not compensation. The Committee established that most of the evictees were third parties who acquired the properties in question, believing the titles to be genuine, having undertaken due diligence. The demolitions destroyed many lives and quite often, they were done without prior notice, making it impossible for victims to salvage personal belongings. The Committee, therefore, recommends that the Government makes restitution, ex gratia payments or other humanitarian assistance to persons who acquired these properties in good faith for value and without notice that the titles were not genuine. The Committee established from reliable information that some potential witnesses in the Syokimau properties faced serious threats and intimidation. We, therefore, recommend that the Attorney-General steps in to protect these innocent people by invoking the recently enacted Witness Protection Act. It is for this reason that it was put in place, in the first instance. Mr. Temporary Deputy Speaker, Sir, we have seen the Government running helter-skelter, the right hand not knowing what the left hand was doing. We are asking that there be proper co-ordination of Government efforts. Another important recommendation is on appointment of independent forensic auditors. In view of the large volume of documents regarding land ownership that the Committee received from various witnesses, and the nature of the land transactions involved, the Committee recommends that an independent forensic auditor be appointed to undertake forensic audit along the terms of reference here below: (i) to undertake a thorough forensic audit on the land records, titles, maps, D- plans, allotment letters, legal notices, development approvals, and other documents obtained by the joint Committee during its investigations on the demolitions and evictions in Syokimau, Kyang’ombe, KPA, Maasai, Mitumba Villages and Eastleigh; and other documents that may be made available, to establish their authenticity; (ii) to establish the history of the documents referred to above in order to establish their sources, initiators, issuers and validity; (iii) to investigate the circumstances surrounding the loss of certain documents of the description set out and other similar or other relevant documents, specifically in the Ministries of Lands and Local Government, the Judiciary and the State Law Office, the persons responsible for such loss and the effects of such loss on land matters in Kenya; (iv) to determine the extent, if any, of the involvement of the Ministries of Lands, Local Government and other Government agencies or individuals in those Ministries and land agencies in relation to malpractices in land transactions, culminating in the demolitions and evictions in Syokimau, Kyang’ombe, KPA, Maasai, Mitumba and Eastleigh; (v) to investigate, determine and advise on any other matter related, relevant, consequential or incidental to the foregoing and submit a report to the joint Committee comprising the forensic auditor’s findings, observations and recommendations within 60 days. The forensic auditor shall undertake the assignment in liaison and with the facilitation of the Auditor-General. The life of the joint Committee will be deemed to expire upon receipt and tabling of the forensic audit report. Mr. Temporary Deputy Speaker, Sir, specific recommendations were also given. In respect of Syokimau, we would like to see the legal dispute regarding the ownership of this land, which has been with us since 2004, concluded. We are, therefore, recommending that the Chief Justice takes urgent action to ensure that expeditious conclusion of this matter takes place as soon as possible."
}