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{
    "id": 632239,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/632239/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Hon. Ogalo",
    "speaker_title": "",
    "speaker": {
        "id": 2679,
        "legal_name": "George Oner Ogalo",
        "slug": "george-oner-ogalo"
    },
    "content": "Thank you very much, Hon. Temporary Deputy Speaker. I have to state at the outset that I sit on the Departmental Committee on Lands. A lot of discussions have gone on regarding this Bill that seeks to amend three Acts and provide for the legislation required under the Constitution to deal with historical land injustices, evictions and the minimum and maximum land holding acreage in Kenya. Without the proposed amendments that have been discussed, the Bill will not be palatable to many Members. Indeed, it was not palatable to us as well in the Committee. A lot of discussions have gone on between the NLC, the Ministry of Land, Housing and Urban Development, the defunct Commission for the Implementation of the Constitution (CIC), the Institution of Surveyors of Kenya and the Law Society of Kenya. There are several actors in the land sector. I can mention a few of them, namely, the Kenya National Commission on Human Rights (KNCHR), the Council of County Governors, the Ministry of Agriculture, Livestock and Fisheries, the Ministry of Land, Housing and Urban Development and the Land Development and Governance Institute. All these discussions have taken a lot of time and we have heard views from many people, but there are clear constitutional provisions that also guide us. I will give examples. First, the Land Act, as it were, put the duty of management of land registries in the hands of the NLC. The Constitution is very clear in Article 67 that the NLC shall oversee and advise the national Government on the process of land registration across the country. You cannot be advising me on what you are doing yourself. That is a contradiction. The Constitution provides that the NLC shall oversee land-use planning in Kenya. Now, in the Land Act, the Commission was given this duty to perform by themselves. There are instances where the NLC ended up with roles that involve even private and community lands while the Constitution is very clear that the NLC is the manager and administrator of public land owned by the national Government and county governments. Those constitutional provisions are very clear. In a hurry to beat deadlines, the 10th Parliament, in enacting those three laws, made those mistakes. There is an opinion from the Supreme Court on how the two entities, the NLC and the Ministry, are supposed to share functions. All those informed what we now propose to the National Assembly as amendments to this Bill and as a justification to some of the amendments we have proposed to this Bill. None of the Members of the Departmental Committee on Lands is 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."
}