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"content": "It is really unfortunate that the whole world looks at us many times amongst the many African countries that Kenya is an easy place to do business. It is not easy in the sense that we have made our systems work, but easy in the sense that so long as you have set something aside for the officials, then you can get whatever you want. It is unfortunate and is a tragedy. I hope that Kenyans who will be given the chance to serve in this tribunal will be patriotic to the country. If somebody does not have the capacity and the technical skills to run and operate these licenses that they are seeking, please, deny them and keep the standards high. We do not want these speculators that come, get a license then go back to Landon and all those metropolises of the world flashing around and hawking licences and saying; “I have a license from some poor African country called Kenya. If you feel like you want to go and do business there, please, talk to me.” It will be unfortunate. That is why I expected – perhaps this is one of the things that I will propose when we retreat to our Committee – to have representation from the private sector in some of these tribunals. In terms of Clause 175 under the rights of way, wayleaves and use of land for energy resources and infrastructure, this is something that we can discuss the whole day. It is, perhaps, the most quoted experience just like Loiyangalani line which has not been done up to today. We, leaders, sometimes, it is good when we are elected, that we also live up to the title that the Constitution give us of being honourable men and women. You will find leaders from some of these communities where very important national Government programmes are going to be executed looking at them from a very narrow perspective by saying; “can I use this particular project to push my political career?” They do this without having a national view of the programmes that are about to be done. The many quoted experiences have been shared of how leaders have incited the members of the public to stay and perhaps, even build manyattas along the line where the Government wants to do this project and then demand exorbitant amounts of money as compensation. They try to frustrate the same Government that belongs to all of us. The Government does not belong to a President or a Cabinet Secretary; it is owned by us Kenyans. Therefore, it was necessary to include Clause 175 which says that: “If any difficulty or question arises as to the amount, entitlement to compensation or person entitled to compensation payable under this Act, the determination shall be made in accordance with the provisions of the relevant written law.” The provisions of the relevant written law include even the Land Value Index Laws (Amendment) Bill that is now before the National Assembly. Why would the national Government want to do a project? We will experience scandals like what happened with the Standard Gauge Railway (SGR) where the Government paid brokers who took advantage of Government’s decision. They bought land from unsuspecting Kenyans and sold it back to the Government at 10 or even 10 times the price they bought the land from the poor locals. Such things shall be unheard of after the passage of this Bill. I hope the committee which is considering this Bill in the National Assembly – I am not sure if it has reached the Senate – can put this into consideration. This will ensure that we do our national The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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