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"speaker_name": "Sen. (Dr.) Khalwale",
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"content": "On a point of order, Madam Temporary Speaker. Now that the Mover of the amendment has successfully done so, before we give it an opportunity to be seconded, I would like the Chair to make a determination. Before any Motion is debated in this House or even in the Lower House, a determination must be made whether that Motion is constitutional or not. I want to invite you to look at Article 67 of the Constitution of Kenya on the National Land Commission. It says:- “There shall be established the National Land Commission whose function would be as tabulated”. But I would like you to look at function No.2 (e) which says:- “The National Land Commission shall initiate investigations on its own initiative or on a complaint into present or historical land injustices and recommend appropriate redress”. Madam Temporary Speaker, I am saying that you make this consideration, because, to open up this discussion to 1895 as he says, you are now taking the national debate into an area where documentation of facts might not necessarily be authentic. In so doing, we could engage in debate in this very serious House, which could destabilize the country. I beg that we continue with the debate in the original form so that we uphold the provision of the Constitution in Article 67 (2) (e) and do so cognizant of the fact that when the people who sat in Serena thought these things and that is why we had the Truth and Justice and Reconciliation Commission (TJRC). The reason why it was created was that we speak to these things but then not stock the flames."
}