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{
    "id": 344884,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/344884/?format=api",
    "text_counter": 281,
    "type": "speech",
    "speaker_name": "Mr. Orengo",
    "speaker_title": "January 3, 2013 PARLIAMENTARY DEBATES 27 The Minister for Lands",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, I rise to make a Ministerial Statement on the non-gazettement of the National Land Commission, as directed by this House yesterday. Mr. Temporary Deputy Speaker, Sir, the National Land Commission is established by the Constitution of Kenya under the provisions of Article 67(1). The functions of the Commission are provided for under the same Article. Under Article 250 of the Constitution, the compositions, appointment and terms of the office of the Commissioners and independent officers are outlined. Therefore, I do not think I need to enumerate those functions in the Ministerial Statement because they are quite a number. In order to operationalise the Commission, Parliament enacted The National Land Commission Act, 2012. The Act provided a detailed procedure of appointment of the chairperson and members of the Commission in the First Schedule of the Act. In keeping with the provisions of the procedures set out in this Schedule, His Excellency the President, in consultation with the Rt. Hon. Prime Minister constituted a selection panel, which invited applications from Kenyans for short-listing and interviewing. The selection panel completed its task of interviewing and identifying suitable candidates for appointment as chairperson and members of the Commission and submitted its recommendations of the qualified persons to the President on 21st June, 2012. By a letter dated 4th July, 2012, the National Assembly was informed that the President, in consultation with the Prime Minister, had nominated the following persons to be considered for appointment:- (1) Dr. Mohammed Swazuri - Chairman (2) Dr. Tomiik Mboya Konyimbih (3) Mr. Silas Kinoti Muriithi (4) Dr. Rose Mumbua Musyoka (5) Dr. Samuel Kipng’etich Tororei (6) Ms. Abigael Mbagaya (7) Ms. Emma Muthoni Njogu (8) Mr. Clement Isaiah Lenachuru (9) Mr. Abdulkadir Adan Khalif The nominations by the President were forwarded to the Departmental Committee on Lands and Natural Resources, which considered the nominees, taking into account public representations and other considerations and eventually recommended them for approval for appointment as per their Report dated 14th August, 2012. Mr. Temporary Deputy Speaker, Sir, the National Assembly dully approved the nominees as recommended. The approval was dully communicated to the President for execution. However, just before the appointment could be gazetted by the President, the High Court issued a conservatory order, restraining the President from appointing and swearing-in the Commissioners, following a petition filed under High Court Petition No.266 of 2012. In addition to High Court Petition No.266 of 2012, two other petitions, namely, Nairobi High Court Petition No.373 of 2012 and Nairobi High Court Petition No.426 of 2012 were filed by different parties, challenging the appointment of the chairperson and members of the Commission."
}