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{
    "id": 835040,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/835040/?format=api",
    "text_counter": 120,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Mr. Deputy Speaker, Sir, from reading the Petition, it strikes me that there is a historical injustice claim particularly on the time that the Petition was done. Two important things have happened. One of the solutions to this problem is the Land Use Planning Bill which we must pass as soon as possible. The second thing is that the National Assembly passed amendments to the Lands Act, particularly Section 38 which created a framework for historical injustices. However, that amendment did not come to the Senate. The amendment derogates the position of interrogation of historical injustices by the National Land Commission (NLC). This is because NLC can only make recommendations on historical injustices. The Clause and the Section in the law does not say to whom those recommendations will be forwarded. Therefore, when the Committee makes a recommendation here, they will find, from my own reading, that this is historical injustice. One of the things that I would want to see this Committee do, is propose an amendment to the Lands Act so that it conforms to the Constitution. We set up the NLC to be the final arbiter on historical injustices. If we are to make a recommendation on the institution of land, does that recommendation come to the Senate, the National Assembly or the Court and how do we enforce it? Therefore, while we appreciate that there is historical injustice here and that land must be given, unfortunately, from my own reading of the law, our hands are tied. We will give them what I call a placebo effect. They will sleep well at night but that order will not be enforceable."
}