HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 275230,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/275230/?format=api",
"text_counter": 248,
"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 constitutional implication was that even when it comes to matrimonial home, it becomes even more important. It was not just important as a legal question or a philosophical legal question, but as something which would help the law to deal with what would happen to that property on termination of marriage. I can tell you that this is a matter that is hot out there. There were some presentations which were made in the newspapers today about lack of recognition of gender equality and the rights of women over matrimonial property although this law goes in the way. Mr. Temporary Deputy Speaker, Sir, I can say without fear of contradiction that within the areas that I have engaged in, taking into account that there are certain categories of property that are used for business purposes, with a restrictive law, probably, it would make business too difficult. Our answer to the question of regulation of matrimonial property and home has been to find a compromise rather than put it broadly in the sense that there was no agreement on this. The Constitution required us to protect and conserve public land access to it. I will come to those clauses which deal with the issue of access to and conservation of public land. The issue of dispossession of land which may have been unlawfully undertaken has been dealt with through the National Land Commission Bill. So, having gone through the provisions in Article 68, if you are to carry out an audit as to whether or not the Bill before the House has achieved that constitutional mandate or direction, the answer is that it has been largely achieved. Where it has not been achieved, there is a compromise that has been made as a step forward, so that the reform process is not delayed. Mr. Temporary Deputy Speaker, Sir, there are provisions which, again, I wanted to talk to because this is something which attracted a lot of debate during the formation of the National Land Policy and in the Ndung’u Commission Report. The issue of acquisition and management of public land was a very important consideration. It evoked a lot of debate. If you look at Clause 7 of the Bill, you will see that it deals with how you can acquire land. The various systems of acquisition are spelt out as through allocation, adjudication process, compulsory acquisition, prescription, settlement programmes, transmissions, transfers, long-term leases and any other manner that may be prescribed by an Act of Parliament. However, in relation to management of public land, if you look at Clause 12, you will see that it provides for a very rigorous process for the Commission to follow, on behalf of the National Government and County Governments, in allocating public land. The whole idea is that even if it is land that belongs to the National Government, so long as it sits in a particular county, that particular county will have to be involved at some point in the process of allocation, and vice versa. The national Government would be involved to the extent that you may have assets and projects like the national airport which sits both in Nairobi County and Machakos County. You would want, at some level, those county governments to get involved. Mr. Temporary Deputy Speaker, Sir, the process of allocation must be transparent and accountable. Notices should be given out and opportunity to the public should also be given to ensure that the process of allocation is not abused but is used in the broader interest of the public. Even those State entities including corporations will be under duty to deal with land in the manner and spirit of the values that are both spelt out in the Constitution and the National Land Bill. Leases, licences and agreements in relation to public land will be equally covered in that process. I hope that we will have your views on this very important matter."
}