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"speaker_name": "Sen. Kivuti",
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"legal_name": "Lenny Maxwell Kivuti",
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"content": "Mr. Deputy Speaker, Sir, I will not go that way. If you look at the resolutions, we have Phase III coming up, but it has been put on hold by a court process. It was agreed even with the NLC and at the Ministry that the people who were affected; the people who Sen. Kittony is talking about will be considered in Phase III. At this moment, I do not think I can give a date when Phase III will be completed. On the issue of Sen. Nabwala’s comment on nationality of the allottees, that one is already dealt with. All are Kenyans because they have Kenyan ID cards. Mr. Deputy Speaker Sir, if you allow me I can comment on Masongaleni. This is because of the issues raised by Sen. Mutula Kilonzo Jnr. It is good that he was present in all the deliberations. They were many, including the ones for the Konza City. The questions which originated in this whole exercise were five which are listed on page 3. The number of persons issued with allotment letters is 1,809. The size of land allotted to each person is as per the list which is attached in Appendix 1. The Cabinet Secretary talked about a list which was cancelled, which brought a lot of issues in this House. It is true that the list was cancelled and is also annexed in Annex 2. We did not have to put everything in the resolutions. We made the resolutions as brief as possible, but gave all the information supporting the answers. On whether there is a database of persons issued with allotment letters, the answer is, yes. The people are annexed in Annex 1. Whether the survey has been done, the answer is yes and we were shown the survey plans. The Cabinet Secretary said that she could seek a waiver, but I do recollect and it is there in our report that there was a resolution in this House that such a move will be unconstitutional, and it is there in the report on page 3 at the bottom. This was objected citing Article 210(1) of the Constitution which states that:- “No tax or licensing fee maybe imposed, waived or varied except as provided by legislation.” For that reason, I do not want to submit that we have made any legislation to waive the fees for titles for Masongaleni, but if it does come, because there are some cases like in the coast region whereby people were given titles without paying. I, As a Senator, will support Sen. Mutula Kilonzo Jnr., the Senator for Makueni in case we get to that. But I do not want to state that, that is the position of the law."
}