HTTP 200 OK
Allow: GET, POST, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"count": 1608389,
"next": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=106",
"previous": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=104",
"results": [
{
"id": 1041,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1041/?format=api",
"text_counter": 31,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Mr. Olago laid the document on the Table)"
},
{
"id": 1042,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1042/?format=api",
"text_counter": 32,
"type": "speech",
"speaker_name": "Mr. Olago",
"speaker_title": "",
"speaker": {
"id": 5,
"legal_name": "John Olago Aluoch",
"slug": "john-aluoch"
},
"content": "Mr. Speaker, Sir, I am afraid that the interpretation of the law by the hon. Minister is clearly wrong. This is because the communication by the Commissioner of Lands correctly says that all cases pending before the tribunals and appeals will, therefore, be dealt with on the orders of the Chief Justice. Clearly, the Environment and Land Court Act, which the hon. Minister has relied on states, in Section 30, Transitional Provisions:- “All proceedings relating to the environment or the use and occupation of title to land pending before any court or local tribunal of competent jurisdiction shall continue to be heard and determined in the same court until the Environment and Land Court is established and operationalized by the directions of the Chief Justice.” Mr. Speaker, Sir, as I speak now, the hon. Chief Justice has not issued any directions. Is the Minister aware that in disbanding these tribunals, the Commissioner of Lands was breaking the law?"
},
{
"id": 1043,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1043/?format=api",
"text_counter": 33,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "Mr. Speaker, Sir, I have no problem with the interpretation that my learned friend is giving. However, the reason why these tribunals and committees were suspended - you can see from that circular, the operative word is that their activities have been suspended - was because this Act was meant to deal with the mischief that it was dealing with. There were many complaints made against Land Disputes Tribunals and Lands Appeal Committees. It was felt that now that there is a new Act in place, the establishment of the Environment and Land Court would be expedited. If the hon. Member will bear with me, there have been a lot of correspondences and discussions between me, the hon. Attorney-General, the Minister for Justice, National Cohesion and Constitutional Affairs, the Minister for Environment and Mineral Resources together with the office of the Chief Justice to expedite the establishment of these courts. As we speak today, a lot of work that these tribunals have done has clogged the courts because previously, they went overboard; in fact beyond their jurisdiction. Instead of going through a process that the superior court will be forced to deal with when it is established, we felt that the way forward was to suspend them and let the Chief Justice and the Judicial Service Commission establish these courts. Indeed, according to the information I have, the Chief Justice has already appointed a judge to ensure that the process of establishing these courts is well underway. Without anticipating debate, I think the Minister for Justice, National Cohesion and Constitutional Affairs will also bring an amendment to enable the Chief Justice to appoint more judges so that we can have Environment and Land Court Judges in every county. That is formed from the basis that every district should be covered by the Environment and Land Courts just like the tribunals covered every district."
},
{
"id": 1044,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1044/?format=api",
"text_counter": 34,
"type": "speech",
"speaker_name": "Mr. Olago",
"speaker_title": "",
"speaker": {
"id": 5,
"legal_name": "John Olago Aluoch",
"slug": "john-aluoch"
},
"content": "Mr. Speaker, Sir, while I agree that there were cases of mischief in many of the tribunals and that could be a reason for the Act, is it in order for the Minister to avoid answering the specific question which I asked? I read Section 30 of the Act which says that all cases shall proceed to be heard until the Chief Justice issues directions but those directions have not been given. Is he in order to do that?"
},
{
"id": 1045,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1045/?format=api",
"text_counter": 35,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "Mr. Speaker, Sir, I said at the beginning that I agreed with the interpretation of my hon. learned friend. However, I said that the continued operation of these tribunals, even within the Ministry of Lands is causing us a lot of havoc because everywhere these tribunals have been established they go beyond their mandate. That is they deal with matters that are not within their mandate. However, I agree with the hon. Member that his interpretation is correct but the solution is to expedite the process. If the hon. Member would know the concerns I have had on this, as soon as this statute was enacted, hon. Michuki, hon. Mutula Kilonzo, hon. Attorney-General and myself engaged in expediting the appointment of this court which is quite distinct and separate from the High Court although it is a Superior Court."
},
{
"id": 1046,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1046/?format=api",
"text_counter": 36,
"type": "speech",
"speaker_name": "Mr. K. Kilonzo",
"speaker_title": "",
"speaker": {
"id": 172,
"legal_name": "Julius Kiema Kilonzo",
"slug": "kiema-kilonzo"
},
"content": "Thank you, Mr. Speaker, Sir. While we appreciate the good and noble intentions of the Minister, during the intervening period; that is between the suspension of these tribunals and when these courts will be operational, majority of Kenyans will be suffering. Why can he not consider giving latitude for the tribunals to work during the intervening period up to the time that the courts will be set up? This is because when the Minister says that there will be courts in every county and they are not there, poor Kenyans continue to suffer. Could he consider allowing these tribunals to continue or look for a way of resolving land issues?"
},
{
"id": 1047,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1047/?format=api",
"text_counter": 37,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "Mr. Speaker, Sir, if you look at the law, you will find that the request should be put before the Chief Justice. I think those provisions were read clearly by my hon. Friend. That is Section 32 of the Act. However, I am saying that having these tribunals in place will be at an extra cost to the Exchequer. We have not been paying them because we do not have the money. After we establish the superior courts they will be remunerated by the Judiciary. They will have a Judicial Fund. I think it is more cost effective to have these courts in place instead of allowing the tribunals to continue. They are continuing at the expense of, not really resolving the issues that concern the common"
},
{
"id": 1048,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1048/?format=api",
"text_counter": 38,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "mwananchi,"
},
{
"id": 1049,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1049/?format=api",
"text_counter": 39,
"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "but creating more log jam in our judicial system."
},
{
"id": 1050,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1050/?format=api",
"text_counter": 40,
"type": "speech",
"speaker_name": "Mr. K.Kilonzo",
"speaker_title": "",
"speaker": {
"id": 172,
"legal_name": "Julius Kiema Kilonzo",
"slug": "kiema-kilonzo"
},
"content": "On a point of order, Mr. Speaker, Sir. You have just heard the Minister say that these requests should be put to the Chief Justice. Is he in order to refer us to the Chief Justice when we are asking him this as the Minister in charge of this docket? The Chief Justice, being in the same Government that he works in should agree on a mechanism of expediting this process so that Kenyans can be served instead of referring Members of Parliament to the Chief Justice."
}
]
}