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"id": 656868,
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"type": "speech",
"speaker_name": "Hon. Nassir",
"speaker_title": "",
"speaker": {
"id": 2433,
"legal_name": "Abdulswamad Sheriff Nassir",
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"content": "What the Bill has suggested is to totally alienate the country governments. They have proposed to delete the words “Commission in consultation with national and county governments may” and substitute therefor with the words “Cabinet Secretary in consultation with the Commission shall”. This goes against the values of the Constitution. Whether we like it or not, the framers of this Constitution were very clear that the county government have a role to play in terms of land. In sub-cause (b), the Committee proposes to amend Subsection 5 by deleting the word “Commission” appearing immediately after the words “by the” and substituting therefor with the word “Cabinet Secretary”. When we look at Article 248 of the Constitution of Kenya, there are 10 commissions and two independent offices. One of those commissions is the National Land Commission (NLC). Let us not try and personalise offices. Let us understand that these are constitutional offices. The Committee is trying to remove a whole constitutional office. Article 67 of the Constitution of Kenya clearly states the role of the NLC. By removing the whole office of the NLC and substituting it with the Cabinet Secretary, what we are doing is we are removing someone who has the constitutional mandate and replacing him with someone who has been appointed. That is what is happening. This is the danger of amending Clause 3 as proposed by the Committee."
}