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{
    "id": 640732,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640732/?format=api",
    "text_counter": 172,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang'-Nyong'o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "Mr. Deputy Speaker, Sir, I also rise to congratulate the Mediation Committee and the report given by our colleague, Sen. Kivuti. I would like to make my contribution very much in the line with what my sister, Sen. Adan, has spoken; that is, minerals and community land rights. According to our Constitution, The County Governments Act, the Intergovernmental Relations Act and so on, there are bodies presumed to be in existence. These are the county land management boards. I would say that almost across the nation, the county governments have been extremely slow in establishing the county land management boards. Mr. Deputy Speaker, Sir, if you look at Clause 38 of the Bill that Sen. Adan has referred to about mineral rights and community land, the law as provided is very good. However, the law as it will be implemented is doubtful because first, the law says very clearly that a prospecting and mining right shall not be granted under this Act or any other written law over community land without the consent of the following---. Part of the following, are the authorities which have obligation to look at the land, the National Land Commission (NLC) and so on. My experience with the NLC as it exists today – I hope it will be better in future – is that when it comes to community land, it is extremely negligence. When it comes to proper establishment of the county land management boards, it is extremely compromised by governors because the law says that they should have a process of interviewing these people and appointing them. I have a case in Kisumu County where after the NLC had done its job, the appointment of those people was interfered with by the governor. The NLC had no courage, whatsoever, to stand by the law. I want to report here that fears of Sen. Adan must be taken into account. I went to the Chairman of the NLC and he told me that he will do the right thing, but he did not. Up to now, he has not done it. The law is as good as it is implemented. If a law is not implemented, it remains a chimera that the people cannot relate with. Secondly, Mr. Deputy Speaker, Sir, we passed Sen. (Dr.) Zani’s Bill on mineral rights to the National Assembly. It was a Bill that was meant to make sure that there is equitable share of royalties for minerals up to the community and the villages. I have not heard any report that the National Assembly ever passed or approved that Bill that was sent there long time ago. Indeed, if we can establish a mediation committee to pass this very important Bill that relates to a previous Bill that we passed in this House, there is a disjuncture somewhere. Therefore, I would like to be informed by the Clerk’s Office what happens to the very important Bills that we sent to the National Assembly. Another Bill that we piloted here and passed was the Public Collections Bill, which relates to Harambees. It went to the National Assembly over a year ago and we have not heard about it. Let us be serious because the dispensation of devolution will only work if laws are properly passed by Parliament and implemented. The electronic version of the Senate Hansard Report is for information purposes"
}