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{
    "id": 263864,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263864/?format=api",
    "text_counter": 228,
    "type": "speech",
    "speaker_name": "Mr. Orengo",
    "speaker_title": "The Minister for Lands",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "The power that is donated by the Constitution which is found in Article 68 of the Constitution which is found in this Bill, the National Land Commission Bill, is the review of grants and dispositions that are found to be irregular or unlawful. If I may go to the provisions in Article 68 of the Constitution what it says and what it requires of this Parliament to do. Allow me to quote, Article 68(c)(iv). It says:- “Parliament shall enact legislation to enable the review of all grants or disposition of public land to establish their propriety or legality.” That is a direct fiat by the Constitution to this Legislature that we must make provision for the review of all grants. The Constitution says “all grants or disposition of public land”. Without a doubt, it means that every grant made in the name of the State; every disposition made in the name of the State, for as a long as Kenya has existed will be subject to review. Now that left in that formulation as it exists in the Constitution and some people have read the Constitution to the effect that every grants and every disposition have to be reviewed. If you take that literal meaning and that is not my reading of the Constitution, but if you take it literally that that is the interpretation, then it means that every title deed that is held in this country is not established as a legal document until there has been a review whether it was public granted or disposed and that left hanging may affect business and even operation of local people that you went before a registrar, let say in Kwale, he may ask you the first question: Has that grant been reviewed before you can deal or make any transaction in relation to that piece of land? So, the formulation we found which can help this country move forward and with that having this country in log jump in so far as legality of propriety of title to land is, first of all, to appreciate what the Constitution is saying. To enact legislation to enable the review and if I pause there, the onus is for Parliament to enable the review which is different if the wording was that Parliament enacts legislation for the review of all grants. If that was the formulation, then one would come to the conclusion that all grants, whether it was done in 1902 must be reviewed. However, my reading is that that is not what the framers of this Constitution were trying to say. But my reading is that, that is not what the framers of this Constitution were trying to say. So, you will now find the provisions in Clause 14(1) of the Bill being formulated in the way it has, coming from what I have just explained from the Constitution. Mr. Temporary Deputy Speaker, Sir, Clause 14 is important in its entirety. It reads: “Subject to Article 68 of the Constitution the Commission shall within five years of the commencement of this Act, on its own motion or upon a complaint by the national or county government, a community or individual, review all grants and dispositions of public land to establish the propriety or legality.”"
}