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{
    "id": 263854,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263854/?format=api",
    "text_counter": 218,
    "type": "speech",
    "speaker_name": "Mr. Orengo",
    "speaker_title": "The Minister for Lands",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, I understand that the issues to do with The Land Bill are about content and those can be dealt with in the subsequent stages of the Bill. Indeed, I have seen a lot of literature regarding some criticisms relating to The Land Bills and they are more to do with content. In fact, the Chair, hon. Abdikadir, said that their focus is on The Land Bill more than anything else. I was saying that the Constitution set up a new architecture and legal framework and jurisprudence relating to matters to do with land. It established a National Land Commission under Chapter 15. It is an independent Commission which has been given various powers and functions by the Constitution. The Constitution further provides that Parliament may give or donate further functions and powers to The National Land Commission. Historically, there have been complaints, particularly, in the manner in which public land has been dealt with in the country and managed. This Bill, together with the subsequent Bills relating to land, is supposed to address some of the mischief and injustices that have arisen over the years on matters relating to land. That need not be stated time and again because it is clear. When we moved the National Land Policy, Sessional Paper No.3 of 2009 in this Parliament, some of the history surrounding matters to do with land from the period before the colonial days to the current days were well spelt out. The National Land Commission Bill, if I may state, deals with four main areas that are critical. One is to provide or make further provisions as to the functions and powers of the National Land Commission. Understandably, you may know that the powers and functions of The National Land Commission are contained in the Constitution. However, the Constitution gives this Parliament the power and authority to confer any further functions and powers to The National Land Commission in addition to the powers donated by the Constitution. As required by Chapter 15 of the Constitution, the Independent Commissions or Chapter 15 Commissions are required by this Constitution legislation to determine qualifications and procedures for the appointment of the members of the Commission and other matters related to appointment of members of Chapter 15 Commissions. You will also see from this Bill that we have placed it firmly as part of the objective of the Bill and part of the related legislation that will come before this House to give effect to the objects and principles of devolved governments in management and administration. That is a matter that is clearly spelt out in Article 6(3) of the Constitution. At all times when we are talking about governance and access to services and issues of devolution, the Constitution requires that any state organ shall ensure reasonable access to its services to all parts of the Republic so far as it is appropriate to do so having regard to the nature of the service. In our view such services and operations of any state organ must be based on the principle of devolution. I will point out, as we discuss this Bill, areas that deal with issues to do with devolution. There is also additional requirement and objective of this particular Bill that I recommend to the House, which is to provide for some kind of linkage between the Commission, the county government and other institutions that are dealing with land and land related resources. In a nutshell, those are four key areas that this Bill wants to deal with. You will find that there are additional functions and powers donated by this Bill to the Commission. I will discuss that when I come to them."
}