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{
    "id": 400136,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/400136/?format=api",
    "text_counter": 56,
    "type": "speech",
    "speaker_name": "Hon. Mwiru",
    "speaker_title": "",
    "speaker": {
        "id": 107,
        "legal_name": "Alex Muthengi Mburi Mwiru",
        "slug": "alex-mwiru"
    },
    "content": "On the legal notices, the Committee noted that the advisory from the Office of the Attorney-General governing publication of legal instruments by the Government Ministries and Departments was released on 15th February, 2002. The procedure for processing of legal notices is outlined in Paragraph 19 to 24 and it states as follows: That all matters to appear as a legal notice in the gazette must be cleared by the Legislative Drafting Department before submission to the Minister or appropriate authority concerned for signature and cannot be cleared after the signature. A request for clearance must be made in writing with the reasons for the subsidiary legislation stated fully. A request should be accompanied by a lay draft of the requisite notice. In case of urgency, the Chief Parliamentary Counsel will personally consider clearance upon verbal request. The Committee noted that the Gazette Notice No.13766 was general and did not quote the specific provisions from the Constitution of Kenya, the Lands Act and the Land Registration Act. It was, therefore, apparent that the same notice had not been cleared by the Attorney-General’s Office which would have rectified the anomaly and also provided the legal expertise required. The Committee observed that the Gazette Notice was unconstitutional and, therefore, null and void. It is the Committee’s view that the Cabinet Secretary ultimately revokes the notice on realization of its unconstitutionality. In that case, I also have the Kenya Gazette for revoking, but it is partial revoke. This is because it has only revoked the appointment of Peter Kang’ethe Kahuho and not revoking the Director-General’s position. In view of the foregoing, the Committee noted that recent transfers, promotions, gazettement at the Ministry of Lands, Housing and Urban Development were irregular, a nullity and devoid of merit and were not backed by any law. Furthermore, procedures laid down by the Public Service Commission for smooth management of human resource in the Public Service were grossly abused by the Cabinet Secretary who usurped the powers vested in the Principal Secretary as the authorized office of the Commission. The Cabinet Secretary purported to appoint officers to positions and went ahead to gazette an appointment in blatant disregard of the Constitution, the Lands Act and the Land Registration Act which provide for the continuity of the Acts in force until formalization of the current ones. The Cabinet Secretary was also not forthright before the Committee as she purported to draw her powers to appoint Mr. Kahuho as the Director-General Lands from the draft prepared by the Directorate of Public Service Management. The draft presented to the Committee, however, states that the Directorate of Lands will be headed by a Secretary, Job Group “U” and will be organized into divisions each headed by a Director and not a Director-General in Job Group “T”. She also informed the Committee that the issue of signing grants and leases was under discussion between her office, the National Land Commission and the Attorney- General while she had unilaterally gazetted an officer to sign titles against the advice of the Chairperson, National Land Commission who advised that the status quo be upheld until regulations were finalized and brought to Parliament. The Cabinet Secretary further explained to the Committee that she had to take steps to replace Mr. Zablon Mabea who was unable to sign grants and leases on health grounds. The Committee observed with concern that the accumulation of leases was caused by a seven months’ delay in coming into force of the Commission and a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}