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{
    "id": 658431,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/658431/?format=api",
    "text_counter": 599,
    "type": "speech",
    "speaker_name": "Hon. Mwamkale",
    "speaker_title": "",
    "speaker": {
        "id": 2672,
        "legal_name": "William Kamoti Mwamkale",
        "slug": "william-kamoti-mwamkale"
    },
    "content": "Hon. Temporary Deputy Chairlady, I beg to move:- THAT, Clause 44 of the Bill be deleted. What is being deleted and substituted is Section 15 of the National Land Commission Act, 2012. This is what the section says— “The Commission shall, within two years of its appointment, recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67(2)(e) of the Constitution.” First, Clause 44 of the Bill is being pegged on Article 67(3) of the Constitution, which does not provide for investigation of claims on historical land injustices. The relevant Article in the Constitution is Article 62(2)(e). They were supposed to address historical land injustices in the law they were to suggest to Parliament. According to Article 67(3), this clause is unconstitutional because that is not what the law provides. Article 67(3) will be there for any other legislation requiring this. Why go for any other excuse when we have a specific Article in the Constitution which is meant to redress historical land injustices? Hon. Temporary Deputy Chairlady, I happen to be among those who fought hard for the current Constitution. Article 67 is the one that endeared many Kenyans to vote for this Constitution; particularly in the Coast region, where land injustice was the order of the day. After that, we thought we would have good laws that would redress the ills of land grabbing. We have just one paragraph being included in Clause 44 to address all the historical land injustices. As Section 15 of the National Land Commission Act provides, the commission will come up with a substantive stand-alone law to address historical land injustices. It was supposed to be a law with a definition of what land injustice is – a law that will give powers to bodies to do proper investigation."
}