{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=138197","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=138195","results":[{"id":1398371,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398371/?format=json","text_counter":21,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"Hon. Senators, make your way to your nearest seat, Sen. (Dr.) Murango. (g) In the court petition, the petitioners- (i) sought to reclaim legitimate ownership of the aforementioned land; (ii) prayed that the court restrains the Third Respondent from accessing the land in any manner; (iii) prayed that the court issues a declaration that the act of the company to forcefully occupy the land was unlawful and unconstitutional; (iv) sought damages against the Third Respondent for breach and/or violation of their rights pertaining to ownership and protection of their property; (v) prayed that the court issues an order directing the respondents within 90 days of the court’s judgement to perform their constitutional duties and forthwith issue certificates of title to members of the public that had been residing in the said land and resettle them; and The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1398372,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398372/?format=json","text_counter":22,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"(vi) prayed that the court issues an order that M/s Kwale International Sugar Company Ltd bears the cost of the Petition and makes any other judgement that it deems fit in the matter. (h) THAT, on 27th January, 2023, the Environment and Land Court, Kwale, rendered a judgement in ELC Petition Case No.14 of 2021 (Mkupuo Awareness -Versus - Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development and Others), ordering compensation of the petitioners to the tune of Kshs170 million; (i) THAT, the court granted 12 months to comply with this decree, which duly expired on 27th January, 2024; (j) THAT, despite the lapse of the timeframe, this decree has not been complied with to date, causing undue hardship and suffering to the petitioners; (k) THAT, none of the issues raised in this Petition are pending before any court of law, constitutional or any other legal body. (l) THAT, consequently, the petitioners pray that the Senate- (a) intervenes with a view to ensure prompt payment of the compensatory funds due to the petitioners to the tune of Kshs170 million; (b) owing to the fact that the assessment was for one village named Nikaphu, the Senate also follows up on the compensation of the remaining villages which were not included in the valuation report; and, (c) intervenes and ensures prompt resettlement of the squatters affected as directed in the court’s decree, providing the petitioners with at least five acres each to match the size the Government had previously allocated to them, with the legal representatives of the petitioners participating in each step for oversight purposes."},{"id":1398373,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398373/?format=json","text_counter":23,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Several hon. Senators walked into the Chamber)"},{"id":1398374,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398374/?format=json","text_counter":24,"type":"other","speaker_name":"","speaker_title":"","speaker":null,"content":"Honourable Senators, you can have your seats. That is the end of the Petition. Using Standing Order No.237, I will allow few comments for around 20 minutes maximum. I will start with Sen. David Wakoli Wafula."},{"id":1398375,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398375/?format=json","text_counter":25,"type":"speech","speaker_name":"Sen. Wafula","speaker_title":"","speaker":{"id":348,"legal_name":"Davis Wafula Nakitare","slug":"davis-nakitare"},"content":"Asante, Bw. Naibu wa Spika, kwa nafasi hii. Jambo linalotokota mikononi mwako linahusisha umiliki wa ardhi ya watu wa eneo hilo. Ardhi ni jambo lililoleta mtafaruku na shida miongoni mwa Wakenya. Ukiangalia jamii ya Wamaasai, ulisikia juzi katika Seneti kwamba kuna zogo kati ya wakaazi wa Narok, Kajiado na Machakos, na pia maeneo mengi hapa nchini. Hao walioleta Ardhilhali hii hapa Seneti, kuna uwezekano kwamba wamejaribu kufuata nyenzo tofauti za Serikali kutafuta haki, lakini kwa sababu ya mirengo ya kisiasa au kitabaka na wale wanaohusika katika Serikali, hawajapata nafasi ya kumiliki ardhi yao. Ni jambo zuri wameleta Ardhilhali hii hapa na tunatarajia kwamba Kamati ya Ardhi, Mazingira na Maliasili hapa Seneti na kamati zingine husika, zitaweza kuhusishwa na kuleta mwafaka na haki miongoni mwa wakaaji wa eneo hilo. Bw. Naibu wa Spika, natarajia katika awamu hii ya Serikali ya Kenya Kwanza, tutafunga ukurasa huo wa watu kunyakua ardhi ya wengine pasipo kuheshimu sheria za nchi ya Kenya. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1398376,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398376/?format=json","text_counter":26,"type":"speech","speaker_name":"Sen. Kathuri","speaker_title":"The Deputy Speaker","speaker":{"id":13590,"legal_name":"Murungi Kathuri","slug":"murungi-kathuri"},"content":" Hon. Senators, I guide that each Member contributing or making a comment to stick to two minutes and I request the clerk to do the timing for me. Proceed, Sen. Mwinzagu Chimera Raphael."},{"id":1398377,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398377/?format=json","text_counter":27,"type":"speech","speaker_name":"Sen. Chimera","speaker_title":"","speaker":null,"content":"Thank you, Mr. Deputy Speaker, Sir, for this opportunity. I hope the Clerk is mindful of my time. I rise in support of this Petition. It is common knowledge that I come from Kwale County. It is a sad day for me as a leader from this county to see a Petition of this manner being brought before this honourable House. Court orders, directives or decrees the world over are issued for a specific and particular purpose. Court orders do not operate in a vacuum and they are not in vain. Once a Kenyan has gone to court and obtained certain orders, then it is incumbent upon state agencies to implement them. Mr. Deputy Speaker, Sir, we are a country governed by laws and ruled by the rule of law. It is, therefore, shocking that we have such a situation in Kwale whereby a court has pronounced itself on this issue and certain people have refused to implement the orders of the court. I take this opportunity to congratulate the Mkupuo Organization for making the effort to make sure that we reclaim this land. For long, the people of Kwale have suffered under historical injustices. They have lost land at the hands of unscrupulous investors. These investors must come to Kwale County with the intention of solely investing there. It is wrong to see an investor who is willing to put in money in Kwale and invest in our economy, working round the clock to ensure that they dispossess the people of Kwale of their original ancestral land. I will say before this honourable House that, as a Senator from Kwale County, and I am sure that if my colleague, Sen. Issa Boy, was present, he would agree with my comments, we will not rest until the rights of the people of Ramisi Phase I, Block 5056 have been realized; and that the people are resettled as per the court order arising from this Petition. I support."},{"id":1398378,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398378/?format=json","text_counter":28,"type":"speech","speaker_name":"Sen. Kathuri","speaker_title":"The Deputy Speaker","speaker":{"id":13590,"legal_name":"Murungi Kathuri","slug":"murungi-kathuri"},"content":" Thank you. Sen. (Dr.) Oburu Odinga."},{"id":1398379,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398379/?format=json","text_counter":29,"type":"speech","speaker_name":"Sen. (Dr.) Oburu","speaker_title":"","speaker":{"id":194,"legal_name":"Oburu Ngona Odinga","slug":"oburu-odinga"},"content":"Thank you, Mr. Deputy Speaker, Sir, for the opportunity. Land grabbing in this country has become a cancer. You will find people who want to invest and sometimes, they come and fall in the wrong hands like land grabbers who mislead them and make them misdirect their investment. The court process drags on for too long yet, some of these people who come to invest are foreigners and every now and then, they get invited to come and hear their cases. This is such a protracted process. The other serious thing is the disregard of court orders. The Government is supposed to enforce court orders. It is unfortunate that it has become a practice, more or less official, that the Government disregards court orders and says that it will not obey. This encourages other people to disobey and if we continue that way, this country is going into chaos. We must ensure that court orders are respected by the Government and implemented as they are. There are processes of appealing if you are dissatisfied with any The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1398380,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1398380/?format=json","text_counter":30,"type":"speech","speaker_name":"Sen. (Dr.) Oburu","speaker_title":"","speaker":{"id":194,"legal_name":"Oburu Ngona Odinga","slug":"oburu-odinga"},"content":"court order. You can appeal to the Supreme Court but you should not disregard court orders. They must be respected. Thank you very much."}]}