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"id": 263400,
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"content": "Hon. Members, the subjects of land and devolution are highly emotive and were at the heart of the clamour for a new Constitution. These matters have continued to attract significant interest from Kenyans, even after the promulgation of the new Constitution. Many Kenyans hold the view that the resolution of the myriad issues surrounding the land question and the implementation of the devolved system of government will resolve a number of social, economic and political problems that bedevil Kenya. It is noteworthy that the land and governance issues constituted the core of Agenda Four items under the Kenya National Dialogue and Reconciliation Framework as agreed on 23rd May, 2008. Hon. Members, concerning the processes of preparation of the legislation to operationalise the relevant provisions of the Constitution on the subjects of land and devolution, it may be noted that these processes have taken a considerable period of time owing to the complexity of the issues at hand and the divergent opinions thereon. The Draft Bills were received in Parliament with only a few days remaining to the expiry of the timeline set out in the Fifth Schedule to the Constitution. In keeping with the letter and spirit of the Constitution, Parliament requires time within which to engage the public on Bills, to study the Bills in Committee and to debate and pass the Bills in plenary. The time that is now remaining – barely six calendar days – will not be sufficient for Parliament to effectively discharge its mandate, particularly on such critical Bills. Hon. Members, it is important to observe that Parliament has, following publication of the Bills, taken all steps necessary to diligently commence work on and process the Bills. In the light of all these factors, I find that there are, indeed, exceptional circumstances as contemplated in Article 261(3) Paragraph (b) of the Constitution, making a case for extension of time in respect of The Land Registration Bill, 2012 and The National Land Commission Bill, 2012. With respect to the Bills relating to devolved governments, I am satisfied with the progress so far made by the House and I am confident that this House is capable of meeting the constitutional deadline in respect thereof. Hon. Members, I will therefore, be allowing a Notice of Motion seeking the extension of time to be give in respect of The Land Registration Bill, 2012 and The National Land Commission Bill, 2012 and thereafter for the Motion thereon to be moved during the Morning Sitting on Thursday, 23rd February, 2012. Hon. Members, we thought that for the Motion to be approved, the Constitution requires that it must have the support of not less than two-thirds of all the Members of the National Assembly. It is further noted that under Standing Order No.60(2):- “The Speaker shall direct a division to be taken in every instance where the Constitution lays down that a fixed majority is necessary to decide any question. In addition, Standing Order No.68(1) requires that:- “In every instance where the Constitution lays down that a fixed majority is necessary to decide any question, the House shall not proceed to a division on that question unless and until a number of Members equivalent to such fixed majority is present at the time for directing the division.” Hon. Members, in the light of these provisions of the Constitution and the Standing Orders, it is clear that a Division on this Motion will require the presence in the House, at the sitting of Thursday, 23rd February, 2012, at least, two-thirds of the membership of this House, which is 148 Members at the time of directing the Division. Considering the importance of the matters at hand, I urge the Government, the party whips and all hon. Members to make a special effort to be present to transact this critical business. I thank you. In a nutshell this Communication directs that we proceed and conclude transaction of the Bills relating to Devolved Governments. All Bills that have been moved by the Minister for Local Government who is also the Deputy Prime Minister will have to be concluded through Committee Stage not later than Thursday this week. For the land Bills, you have that process to undergo and it entails quite some serious effort. It will, therefore, take the commitment of all the hon. Members to see to successful fruition of that Motion. Thank you."
}