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{
    "id": 851024,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/851024/?format=api",
    "text_counter": 355,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "for purposes of speculation can fight. Some of them can fight forever and they do not lose a thing because they have acquired that land for purposes of speculation. Madam Temporary Speaker, imagine those who acquire land from generations of communities having acquired this land. It is the only jewel they have as a family and as a community and then they are told the value that will finally be adopted or considered under Clause 6 of this Act. I can assure you that communities, instead of using this procedure, will ask their Member of Parliament to go to State House and talk to the President, like the case that I have talked about. Even the courts were unable to resolve those issues. I think Clause 6 in its entirety should be looked at. I hope that will be done in order to make sure communities do not suffer. The other Clause that I have a problem with is Clause 8. Again, it is for matters which should be taken into consideration. I will not repeat the arguments that I have made in relation to the previous clause, but I think that Clause should also be looked at in terms of making it less complicated for those who seek compensation. The alternative tools which the distinguished Senator from Kericho County talked about are looking for alternative modes of compensation like Government bonds or alternative land. That is good enough. However, I think there should be a clause or some words to ensure that where there are delays in terms of, let us say, giving people alternative land and where it requires movement of people or relocation, where you are being offered alternative compensation – be it in equity shares or Government bonds and the like – the owner of the land would not suffer irreparably. That should be addressed. Madam Temporary Speaker, my learned friend, Sen. Mutula Kilonzo Jnr., dealt with matters to do with the Tribunal. The only other thing I should add is that the Tribunal as it is, is not---. In a system of courts, they are such that they are not composed of judicial officers who are trained. Under this particular Bill, the Tribunal will include people who are obviously not trained as judicial officers. For that reason, to have a provision like the one that I have seen in that Clause, that there can be no appeal from the decision of the Tribunal on a question of fact, I think that was not well thought-out. Under the powers of review of the High Court, fact and law, all matters which would be available for the cost consideration into whether or not justice was rendered as far as the compulsory acquisition is concerned. Having dealt with those specific sections, the spirit of this law is good in the sense that the definition of land as contained in the Constitution is very different. Although Article 60, amongst other principles that are supposed to guide our land policy and the most important probably is security of land rights that when you have a land right, it should be protected and be inviolable except in circumstances which the Constitution gives a basis of interference with ownership of possession. Madam Temporary Speaker, there was a new concept of land contained in Article 61 of the Constitution on classification of land. It says:- “All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.” Let me emphasize that this concept of land belonging to Kenyans collectively as a nation, was never part of the Constitution which was repealed. I think that is dealing in part with the concept of radical ownership of land in terms of the people or the State. To this The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}