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{
"id": 1941,
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"speaker_name": "Mr. Musyimi",
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"id": 95,
"legal_name": "Mutava Musyimi",
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"content": "Mr. Temporary Deputy Speaker, Sir, despite the answer, the House was not satisfied and it sought to find out how come the residents were still paying rates to the NCC, and how come only ten per cent of Kyangombe was actually the property of the KAA. They wanted to know why the rest of the land was demolished and how come there were no eviction and court orders served to the residents. Moreover, there were cases waiting for hearing and determination in our courts. As a result of the answers given that were not really quite satisfactory to the House, and given the sensitivity of the issue, this matter was referred to the joint Departmental Committee on Administration and National Security, Lands and Natural Resources, Local Authorities and Transport, Public Works and Housing. We were supposed to report to this House on 16th November."
},
{
"id": 1942,
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"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
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"content": "Mr. Temporary Deputy Speaker, Sir, the terms of reference given to this Committee were as follows:- (i) The joint Committee was to inquire into the circumstances surrounding the demolitions and forced eviction of people from Syokimau, KPA, Kyangombe and Maasai villages. (ii) Consider the possibility of compensation of the owners or occupants of the demolished premises. (iii) Investigate whether the evictees had legal rights to the land and premises in question. (iv) Investigate whether or not the Government had acted within the law when they conducted or supervised the evictions and demolitions. (v) Investigate and confirm the rightful owners of the premises in question and make a report to the House within two weeks from the date the matter was referred to joint Committee. Mr. Temporary Deputy Speaker, Sir, this joint Committee met, they asked me to chair it and we started working. However, as we worked, further demolitions took place in Mitumba Village near Wilson Airport and in Eastleigh. We came to this honourable House and sought the approval of this House to expand the mandate to cover these areas and request for more time and asked that we report back to this House on Wednesday 6th December, 2011 which we did yesterday. Mr. Temporary Deputy Speaker, Sir, allow me to read the names of the Members of the Committee that I have been privileged to work with. They are:- Hon. Mutava Musyimi, M.P - Chairman Hon. Fred Kapondi, M.P."
},
{
"id": 1943,
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"text_counter": 467,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "- Assisting Chairperson Hon. David Were, M.P."
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{
"id": 1944,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1944/?format=api",
"text_counter": 468,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "- Assisting Chairperson Hon. David Ngugi, M.P."
},
{
"id": 1945,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1945/?format=api",
"text_counter": 469,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "- Assisting Chairperson Hon. Isaac Muoki, M.P. Hon. Peris Simam, M.P. Hon. Mohamed Sirat, M.P. Hon. Peter Kiilu, M.P. Hon. Shakeel Shabbir, M.P. Hon. Gideon Mung’aro, M.P. Hon. Gideon Konchella, M.P. Hon. Fahim Twaha, M.P. Hon. Mwalimu Mwahima, M.P. Hon. Joshua Kutuny, M.P. Hon. Oyugi Magwanga, M.P. Hon. Ali Hassan Joho, M.P. Hon. Zakayo Cheruiyot, M.P. Hon. Mohamed Hussein Ali, M.P. Hon. Danson Mungatana, M.P. Hon. Leshomo, M.P. Hon. Omollo, M.P. Hon. Letimalo, M.P. Hon. Polyns Ochieng, M.P. Hon. Nkoidila ole Lankas, M.P. Hon. Yusuf Chanzu, M.P. Hon. Clement Wambugu, M.P. Hon. Benjamin Langat, M.P. Hon. Edwin Yinda, M.P. Hon. Dr. Wilbur Otichilo, M.P. Hon. Boaz Kaino, M.P. Hon. Joseph Kiuna, M.P. Hon. Fondo Gunda, M.P. Hon. Justus Kizito, M.P. Hon. Washiali, M.P. Hon. Peter Gitau, M.P. Hon. Ruteere, M.P. Hon. Zonga, M.P. Hon. Mohamed Affey, M.P. Hon. Dr. Erastus Mureithi, M.P. Mr. Temporary Deputy Speaker, Sir, this honourable Committee did meet a total of 30 times. We met with the relevant Government officers, Ministries and experts as we sought to find out information on these grave and serious matters. We received oral and written submissions from the evictees, victims, landlords and land owners. We also received information from the KAA, Clerk and Mayor of Mavoko County Council, Town Clerk and officers of the City Council of Nairobi, Attorney-General, Commissioners of Lands and the senior technical team in the Ministry of Lands, Director of Survey and Planning, Registrar of Titles, Provincial Commissioner of Nairobi and the Provincial Police Officer (PPO), Nairobi. There were also Members of Parliament who appeared before us amicus curiae. They were the Member for Embakasi, Member for Kathiani and Member for Kamukunji. We also received information from Permanent Secretaries from the Ministry of State for Defence, Ministry of Lands, Ministry of Transport, Office of the Deputy Prime Minister and Ministry of Local Government and Ministry of State for Provincial Administration and Internal Security, Registrar of the High Court and Secretary to the Judicial Service Commission, Lands sector non-state actors, council members of the Law Society of Kenya and International Commission of Jurists; Minister for Lands, Minister of State for Defence, Ministry of Local Government and the Minister of State for Provincial Administration and Internal Security. Mr. Temporary Deputy Speaker, Sir, we also took time to visit the sites to meet the victims and see the demolitions firsthand. We wanted to determine the extent of the demolition, observe the magnitude of the loss of property and lives following the demolitions. We also wanted to determine the areas where the demolitions took place, appraise the current state of the affected families and households, find out what Government assistance, if any, the victims were getting and, of course, report on the progress to this honourable House."
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{
"id": 1946,
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"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "Mr. Temporary Deputy Speaker, Sir, as you can tell, we wanted to establish the facts; we also wanted not only the facts, but the feelings around the facts. Why do I talk about the feelings around the facts? I will just give the case of a lady called Esther Mutio Mwanza, God bless her soul. This lady drove with a friend to Syokimau about two weeks ago when she heard what was happening. She was not an investor in Syokimau; she just got curious and was horrified by what she was hearing and just wanted to see for herself. She got to the site and she saw a boy on top of the house, horrified and yelling for help as bulldozers were pulling the house down right in front of him. This lady collapsed in shock, went into a coma and was at the Kenyatta National Hospital for two weeks. This lady died two days ago."
},
{
"id": 1947,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1947/?format=api",
"text_counter": 471,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "When I talk about the facts and the feelings around the facts, we are not just trying to be graphic; we want to make the point that, one, there was breach of law. The Government and the people, from the facts that we have established, acted outside the law. There was breach of international conventions. A Government that makes laws should have been the first person to lead in observance of the law that it has made. On balance, the Government and the people stand accused by what has happened. There are questions on both sides. There is impunity, as we look at the records, evidence of corruption, breakdown of Government systems and even more shocking, a Government that seems to be out of touch with its own people. I quote a lady who appeared before us by the name of Gladys. She said and I quote:-"
},
{
"id": 1948,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1948/?format=api",
"text_counter": 472,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
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"content": "“If demolition of my house is the answer to the hard work that I have done, then it is pointless to live in this country.” Mr. Temporary Deputy Speaker, Sir, even if demolitions had to be done – and we are not convinced that they all had to be done – or were done in a manner that was humiliating, that was demoralizing, that was cynical, that was heartless; why would a bulldozer be needed to bring down a Maasai manyatta as we saw in Maasai Village? Why would a bulldozer be needed to bring down a chicken house? Mr. Temporary Deputy Speaker, Sir, we have undermined investor confidence and the faith that people have in themselves. This level of heartlessness and disconnect with people is what has shocked us about Syokimau. We talk about Vision 2030 and we talk about Kenyans as if they are just a mere statistics; just a number! Kenyans are people with feelings! Let us not forget what President Mandela is supposed to have said:-"
},
{
"id": 1949,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1949/?format=api",
"text_counter": 473,
"type": "speech",
"speaker_name": "Mr. Musyimi",
"speaker_title": "",
"speaker": {
"id": 95,
"legal_name": "Mutava Musyimi",
"slug": "mutava-musyimi"
},
"content": "“I may forget what you said; I may even forget what you did, but I will never forget how you made me feel.” Kenyans feel let down; they feel not quite connected to the Government that they voted for and chose. Mr. Temporary Deputy Speaker, Sir, I wish to say the following: As we met and as we discussed, we made certain observations and recommendations, and I wish to juxtapose these observations together with the recommendations that we made as a Committee. The general recommendations were as follows:- One, that his honourable House should enact laws to effect Chapter 5 of the Constitution of Kenya. The Committee is of the view that the establishment of the National Land Commission as envisaged in the Constitution of Kenya would provide a solution to most of the problems facing the land sector in our Republic. The Committee established that the Constitution of Kenya had already diagnosed the problems affecting the land sector and offered remedies which include a whole raft of statutes as contained in Chapter 5 of the said Constitution, and which if enacted, would help solve many of the problems that were raised during this very tragic experience of demolitions. These statues include:- (a) The National Land Commission law, (b) laws on land use classification, (c) laws to consolidate existing land laws, (d) laws to regulate land holding by non-citizens, (e) laws prescribing the minimum and maximum acreage of land that can be held as private land; and, (f) laws providing for protection and access to public land."
},
{
"id": 1950,
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"type": "speech",
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"speaker": {
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"content": "The Committee recommends that the land related laws as proposed in the Constitution of Kenya, without compromising the time lines set out in the said Constitution, be fast tracked and that within 90 days from the date of the adoption of this report, these laws be enacted. The Committee further recommends that the National Land Commission be operationalized by 30th March, 2012."
}
]
}