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"id": 278618,
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"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "The Minister for Lands",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": " I just wanted to contextualize the responsibility that is being given to the Commission, which actually this legislation has watered down. The Commission is required to review all grants and dispositions to determine whether those dispositions were effected regularly or irregularly and they are supposed to make a finding. After they have spent time reviewing and then at the end all they can do is to recommend to a body, which is the office of the registrar, and which is a subordinate body to the Commission, then from the registrar we will have another process of going to court. I would rather that we put the Commission in a position that once it has done a review, because it is undertaking a review as quasi judicial body, that the only body that one can move to thereafter is the court, the High Court for that matter. But moving from the Commission to the registrar and then again to the court, I think this will delude the provisions in Article 68. This power is not given to the registrar at all, but to Parliament and Parliament has given it to the Commission to review all grants or dispositions of public land to establish their propriety and legality. Under a constitutional mandate, that title was given or granted illegally. I think it raises the question when thereafter all you can do is to recommend. What we should do is not to close the door to anybody who wants to go to court in terms of 68 on page 46. Parliament is required to enact legislation to enable the review of all grants or disposition of public land to establish their propriety or legality. So, they have acted on a constitutional mandate and they have determined that this particular title was illegally granted or disposed. All you can do is to make a recommendation. The Commission would then be a busy body. I think it should make a finding that can be acted on. If you do not agree, then the door is open to you to go to court."
}