{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139868","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139866","results":[{"id":1415081,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415081/?format=json","text_counter":373,"type":"speech","speaker_name":"Hon. Peter Kaluma","speaker_title":"The Temporary Speaker","speaker":{"id":1565,"legal_name":"George Peter Opondo Kaluma","slug":"george-peter-opondo-kaluma"},"content":" Where is the attachment?"},{"id":1415082,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415082/?format=json","text_counter":374,"type":"speech","speaker_name":"Turbo, UDA","speaker_title":"Hon. Janet Sitienei","speaker":null,"content":" I have it and I will table it."},{"id":1415083,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415083/?format=json","text_counter":375,"type":"speech","speaker_name":"Hon. Peter Kaluma","speaker_title":"The Temporary Speaker","speaker":{"id":1565,"legal_name":"George Peter Opondo Kaluma","slug":"george-peter-opondo-kaluma"},"content":" Kindly table it for Hon. Members to follow. Hon. Members this is possibly one of the most powerful committees that is enabling us to address issues of concern brought to the House by the people. Again, on special request, I will give opportunity to Hon. Nelson Koech, the Chairman of the Departmental Committee on Defence, Intelligence and Foreign Relations."},{"id":1415084,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415084/?format=json","text_counter":376,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"KILLING AND MAIMING OF RESIDENTS OF KAMAGUT WARD IN TURBO CONSTITUENCY BY KDF"},{"id":1415085,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415085/?format=json","text_counter":377,"type":"speech","speaker_name":"Belgut, UDA","speaker_title":"Hon. Nelson Koech","speaker":null,"content":" Thank you, Hon. Temporary Speaker, for accepting the request. This is a response to the request by the Member of Parliament for Turbo Constituency, Hon. Janet Sitienei, who sought a Statement pursuant to Standing Order 44(2)(c) on the poor relationship between Kenya Ordnance Factories Corporation (KOFC) and the neighbouring community. She specifically raised the following concerns in her Statement request: 1. What prompted the officers of the Kenya Defence Forces (KDF) to use live ammunition on unarmed residents? 2. What measures is the Ministry of Defence taking to ensure amicable coexistence between KDF and residents? 3. What steps has the KDF in Eldoret instituted to address the loss of lives, especially minors who have died in trenches around the Barracks since 2021?"},{"id":1415086,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415086/?format=json","text_counter":378,"type":"speech","speaker_name":"Hon. Peter Kaluma","speaker_title":"The Temporary Speaker","speaker":{"id":1565,"legal_name":"George Peter Opondo Kaluma","slug":"george-peter-opondo-kaluma"},"content":" Order. An Hon. Member is engaging Hon. Janet Sitienei when her Statement request is being addressed."},{"id":1415087,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415087/?format=json","text_counter":379,"type":"speech","speaker_name":"Belgut, UDA","speaker_title":"Hon. Nelson Koech","speaker":null,"content":" My Mother-in-law, Hon. Janet, please, pay attention because this is a response to your Statement: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"},{"id":1415088,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415088/?format=json","text_counter":380,"type":"speech","speaker_name":"Belgut, UDA","speaker_title":"Hon. Nelson Koech","speaker":null,"content":"1. What disciplinary and legal actions have been taken against the KDF officers involved in the alleged killings and maiming of residents in various incidences? 2. When does the Ministry of Defence intend to conclude the process of relinquishing the disputed portion of land to Kamagut and Buheba settlement schemes squatters and compensate the residents for the loss of their loved ones and livestock over the years? Hon. Temporary Speaker, the Committee engaged the Ministry of Defence (MoD) on the above concerns raised by Hon. Janet Sitienei. I, therefore, wish to respond to the issues as follows. On what prompted the officers of the KDF to use live ammunition on unarmed residents, on 25th November 2023, at around 10 p.m., a group of around 30 unidentified individuals armed with crude weapons trespassed into Block 21 of the KOFC farm. Upon detection by the Corporation’s security team, the trespassers turned violent inflicting serious head injury on one of the KOFC guards who was performing a legitimate duty. Consequently, one of the intruders who had an axe and was identified as the suspect responsible for the said head injury was arrested, handed over to the National Police Service and thereafter presented before a court of law. Additionally, several bags of illegally harvested maize were recovered at the scene of the incident. Hon. Temporary Speaker, live ammunition was not used during the confrontation between the trespassers and Kenya Ordnance Factories Corporation (KOFC) security personnel. This incident is currently under independent investigation by the Directorate of Criminal Investigation and Military Police whilst Defence Headquarters has also constituted a Board of Inquiry into the same. Above all, the death of citizens is unfortunate and MoD is committed to finding a shared long-term solution to the current dispute. On what measures the Ministry of Defence is taking to ensure amicable coexistence between KDF and residents, as stated earlier, the Ministry of Defence, through KOFC, values the cooperation of the Turbo community towards mandate accomplishment and has taken various measures to enhance the well-being of the adjacent population. Some of the social, security, and economic interventions are: 1. Promoting respect for the rule of law, particularly through encouraging dialogue and alternative dispute resolution for land-related matters. 2. In partnership with county and national administration officials, MoD continually sensitizes members of the public on safety and security hazards applicable to protected areas such as KOFC and the Defence Forces Recruits Training School. 3. Engaging in corporate social responsibility activities, such as tree planting exercises, to support the community. For example, a tree-planting exercise was jointly undertaken on 13th November 2023. 4. Provision of employment opportunities to locals either as permanent staff or as casual workers in the farm and factory. 5. Partnering with the local administration, law enforcement agencies, community leaders, and the Member of Parliament for Turbo Constituency to address emerging challenges. The third question was: what steps has the KDF in Eldoret instituted to address the loss of lives, especially minors who have died in trenches around the Barracks since 2021? I want to state that the “trenches” referenced are security barriers constructed within a protected area in accordance with the Protected Areas Act Cap 204 Laws of Kenya. These barriers were designed to counter the threat of international terrorism, especially those perpetrated using Vehicle Borne Improvised Explosive Devices. It is recalled that Kenya has been among the targeted countries with members of the public as well as security personnel and strategic The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"},{"id":1415089,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415089/?format=json","text_counter":381,"type":"speech","speaker_name":"Belgut, UDA","speaker_title":"Hon. Nelson Koech","speaker":null,"content":"installations such as KOFC constituting lucrative targets. The security barrier also serves as a deterrent against encroachment and trespass into public land. Above all, it was and still is necessary to protect the public against the hazardous materials held by KOFC as well as provide safety against military training activities linked to the Defence Forces Recruits Training School. Fourth, what disciplinary and legal actions have been taken against the KDF officers involved in the alleged killings and maiming of residents in various incidences? According to the procedures under both Civil and Military Law (Penal Code Cap. 63 of the Laws of Kenya and KDF Act, 2012), when an incident is reported, the National Police Service is invited to conduct independent investigations. If any member of KDF is implicated, criminal or civil action is taken against them through a competent court of law. Further, the Military Police conduct parallel independent investigations and may recommend appropriate action in line with military disciplinary procedures applicable to anyone who is implicated. So far, no investigation has found any KDF officer liable. Fifth, when does the MOD intend to conclude the process of relinquishing the disputed portion of land to Kamagut and Buheba settlement schemes squatters and compensate the residents for the loss of their loved ones and livestock over the years? I beg to respond as follows. The Ministry avers that Eldoret military land was compulsorily acquired for National Security purposes and an allotment letter to this effect was issued for 6,379.07 Ha. Thereafter, out of the 6,379.07 Ha, two parcels were surveyed, these being the current location of KDF Recruit Training School, 9 Kenya Rifles Battalion and KOFC. Titles were issued for these parcels while the rest of the land was still under survey. The allotment letter to the Ministry of Defence has never been revoked. Despite the aforementioned, it is regrettable that trespass remains a major challenge, as evidenced by the latest fatal incident. So far, the only demand notice against MoD was by Mr. Oliver Kiptoo Samoei on behalf of his six-year-old son, the late Maxwell Kipchumba Samoei, who passed away on 20th July 2023. The matter is referred to the insurance firm contracted by KOFC. In this context and to prevent a recurrence, MoD and KDF through KOFC in liaison with national Government administration officers have enhanced community sensitisation about the risks associated with trespass into security installations and facilities. Whereas MoD is the rightful owner and lawfully in occupation of the land, the ownership is currently contested and is at present subject to active litigation by various parties as follows: 1. Eldoret Land and Environment Constitutional Petition No.7 of 2020 Leseru Tebeson Farmers Society versus National Land Commission (NLC), Chief Registrar Lands, MOD and Attorney General (AG). The Petitioner claims to have been allocated two parcels of land, for which they allegedly paid for. For the first allotment of about 807.44 Ha, they allege to have paid Kshs13,585,000 and Kshs11,826,210 for the second parcel as standard premium. They further claim that MoD surrendered 1579.02 Ha to settle landless persons and that is the same land they were allocated. They want the court to declare that Land References 27206/3 and 27206/4 which are designated as KOFC safety zones belong to them. 2. Environment and Land Court Case No.78 of 2019 Kiplombe Farm and 9 other Farms versus KDF, AG, NLC and three Others. The Plaintiffs lay claim to nine parcels of land now referred to as Kamagut and Buheba Settlement Schemes, which are currently inhabited by over 19,000 residents. They allege a lack of commensurate compensation by the State and they were not allocated alternative land. They also mentioned an alleged declaration by the late former President Daniel arap Moi regarding the return of the farms to the owners. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"},{"id":1415090,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415090/?format=json","text_counter":382,"type":"speech","speaker_name":"Belgut, UDA","speaker_title":"Hon. Nelson Koech","speaker":null,"content":"Furthermore, some of the land being claimed by the plaintiff is also claimed by Lisiru Tebesu and Farmers Limited. 3. Eldoret Land and Environment Constitutional Petition No. 11 of 2019 – Daniel arap Kenduywa and 135 others versus Ministry of Defence, National Land Commission and the Auditor-General. The petitioners filed the petition alleging they are the original owners of Land No.8406/6, having purchased it for value. They further claim that their ownership is subject to defeat by a flawed compulsory acquisition process in which they were not compensated. Additionally, they argue that the compulsory acquisition was only partial and did not cover the whole parcel of the land. They also alleged that the late former President Daniel Toroitich arap Moi made a declaration that they be issued with a title to the land. Their prayer to the court is for them to be declared the owners of the land. Despite MoD being in lawful occupation of the land in question and ongoing litigation, the Ministry continues to engage the community and other stakeholders to negotiate an amicable settlement that shall be recorded in court upon mutual consensus being reached. I submit and thank you, Hon. Temporary Speaker."}]}