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{
    "id": 505354,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/505354/?format=api",
    "text_counter": 223,
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    "content": "First and foremost, as stated by other Senators, I hope and wish that as this Bill goes through the various stages or processes of the Senate in terms of our legislative mandate, we shall have sanitized a couple of issues to ensure that it is brought in line with the Constitution and achieves the spirit of devolution. Mr. Temporary Speaker, Sir, I have not been quite concerned about the regime of land laws in this country. I know the Senate Majority Leader is set to bring some legislation. However, looking at the entire regime of land law, there is a way in which the new Constitution literally replaces that regime of land law. In my view, rather than trying to introduce the little amendments here and there in terms of terminologies, to bring laws that might not necessarily be in compliance with the Constitution, we need to re-think and overhaul the entire pieces of legislation as relating to land. You have to realize that, even as we move forward, we need to know the contents of what was agreed based on the Supreme Court direction that both the Cabinet Secretary for Lands, Housing and Urban Development and the Chairperson of the National Land Commission (NLC) agree. We were told that they did agree. We need to know what the terms of agreement were for us to do a comprehensive re-alignment of all land laws so that conforms or brought to bear with the new Constitution. As a Senate, we need to really look critically. There are other various provisions under the land chapter which we need to sanitize or to be brought in compliance with the new Constitution. Therefore, as much as it says that there might not be a general need to bring separate Bills, particularly when it comes to land, we might need either to consolidate certain Acts of Parliament, do away with others and bring some compliance with respect to the new Constitution. Therefore, on matters of land, I believe that we need more of a comprehensive look in terms of how to critically review the legislation as pertains to land so that we can achieve the desires of the Constitution. Mr. Temporary Speaker, Sir, land is so critical and important to us and is partly the basis of our politics. Like every other legislation, it is a political document and it must capture the aspirations of the Constitution which is the basic component of this country. I would be very suspicious to believe that people now will try to bring certain minimum amendments rather than look at the holistic compliance. From the area that you come from, land is so critical. I agree with the previous speakers that we need an extra ordinary insight to look critically at the motives around these miscellaneous amendments so that as we discharge our mandate, we also realise that there is a new Constitution that just does not say delete or add, it says overhaul, so that it complies with what needs to be done with respect to compliance to the new Constitution. In terms of giving governors with certain powers to confer special municipality status to headquarters of the county, there must be objective criteria so that we do not have governors running amok. There is a criterion to confer certain status. As we debated other elements of law, we have set objective criteria of who should be awarded what. It must be criteria that serve as a minimum. Those counties that might not have those minimum, I agree with Sen. (Eng.) Muriuki in terms of affirmative action because that is why devolution came. If Mombasa is ten paces ahead, we at least need to pull a pace or two to the other counties. I will point out it if we allow Sen. (Eng.) Karue’s county to move without special asserted affirmative action. If they were to build a county The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}