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{
    "id": 643348,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/643348/?format=api",
    "text_counter": 1140,
    "type": "speech",
    "speaker_name": "Hon. Mwamkale",
    "speaker_title": "",
    "speaker": {
        "id": 2672,
        "legal_name": "William Kamoti Mwamkale",
        "slug": "william-kamoti-mwamkale"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. From the outset, I rise to oppose this amendment Bill, if it sails through as it is. Unless it is amended, I oppose it. We need to look at the situation we were in before the promulgation of the Constitution, 2010. Article 67 of our Constitution was born out of the need of Kenyans. It was born out of the anger of Kenyans after seeing how land was being managed in this country. In the coastal strip of Kenya where I come from, 70 per cent of land grabbing in Kenya has been effected. The Constitution, 2010 got a lot of support because of the land amendments and Article 67. Article 67 was put in by Kenyans to cure a disease that had been ongoing in Kenya. In this country, we used to see letters of allotment being given by the Commissioner of Lands or by the President himself. People would be deprived of their ancestral land, particularly in Coast Province. People were fed up with that. That is why Kenyans came up with the provision of Article 67 of the Constitution. Kenyans did not want the Executive to manage land anymore. They wanted an independent body to manage land in Kenya. That is why Kenyans said that there should be the NLC. That Commission should be vetted by Parliament and not the PSC, which is a body of the Executive. Article 67 of the Constitution is clear that the NLC is supposed to manage land on behalf of the national Government and county governments. I have looked at this Bill, particularly Clause 4, which seeks to amend the Land Registration Act by inserting New Section 6A immediately after Section 6. It even gives the role of publishing programmes for registration of titles in land to the Cabinet Secretary. We are going back to where we were because a Cabinet Secretary is an appointee of the President. We are bringing back the Executive to manage land. The Executive’s wishes are going to be done by the Cabinet Secretary. The Chairman and the Commissioners of the NLC, being people who would be vetted by this House, would be people whom Kenyans would have faith in. Being vetted by this House means being vetted by the representatives of the people. This is unlike being vetted by the PSC. Article 67 is very clear. The NLC was given functions which should not be removed from it. Hon. Temporary Deputy Speaker, this Bill seeks to give the CS all the powers. He cannot allot land and yet we are told that management is the role of the NLC. It will be very wrong for this country to allow the CS to allot pieces of land and give title deeds. We are going back to where we came from where Kenyans were fed up. Other than what we are now seeing on graft, very soon it will shift to our land. Unless this Bill is amended, it is a bad law. We cannot allow the CS to be in charge of our policy and yet Article 67 of the Constitution is very clear that policy matters should be handled by the NLC. 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."
}