James Orengo

All parliamentary appearances

Entries 1911 to 1920 of 4273.

• 14 Nov 2018 in Senate: Mr. Deputy Speaker, Sir, the intention for this Bill is laudable. When the law was being reviewed in trying to consolidate all the land laws in the country within the timeframe which was given in the Constitution, it was not possible to do some of the things that have emerged since then, but also, specifically, some of the things that this Bill intends to do. I am happy that the Senate Majority Leader came in before I spoke because I was to ask for a raw copy of the HANSARD to look at his contribution before I say anything. However, ... view
• 14 Nov 2018 in Senate: including the Senator for Kericho. I would have loved to talk about some of the general statements that he made but I do not want to repeat. So, I will go to some of the specifics before I go to the general statements. view
• 14 Nov 2018 in Senate: I would like the Senate Majority Leader to take note that there are certain things that are taken away. If you look at what the Bill desires to achieve by looking at some of the specific provisions, you will realise that they have been taken away. That begins with Clause 2. view
• 14 Nov 2018 in Senate: The word “prompt” is used in the Constitution. The choice of the word “prompt” by the drafters of the Constitution was well considered. They could have used many other words that we use in ordinary statute when dealing with time. In regard to property and land specifically, they used the word “prompt” in the Constitution. view
• 14 Nov 2018 in Senate: If you look at the definition of the word “prompt” as proposed in this Bill, it takes a different meaning. According to Clause 2(i), it means within a reasonable time of the taking of possession of the land by the Commission. So, there are two issues in the definition. view
• 14 Nov 2018 in Senate: Promptitude will be considered in terms of taking possession. When considering whether it is prompt, it will depend on when the National Land Commission (NLC) or the Government took possession. To my understanding, promptitude is in relation to the time when the notice comes out and when the Government is in a position to take possession after making full and adequate or fair compensation. view
• 14 Nov 2018 in Senate: There is also the word “reasonable”. I think it should not be contained in the definition Clause because it takes away the meaning in Article 40 of the Constitution. To that extent, this part of the Bill is amending what is already contained in the Constitution. view
• 14 Nov 2018 in Senate: As you know, Madam Temporary Speaker, the issue of land is well guarded both in the Chapter dealing with land and Article 40 of the Constitution. To that extent, when you consider property as part of the rights, we cannot take away what is fully guaranteed in the Bill of Rights by a mere definition in legislation. view
• 14 Nov 2018 in Senate: The other thing I have a problem with in terms of Clause 2 that deals with interpretation is the meaning of the word “full”. It is stated that:- “Full” in relation to compensation for compulsory acquired land or of wayleaves, easements and public rights of way means the restoration of not more than the value of the land including improvements thereon and any other matter provided for in this Act. I think this is mischievous because there may be circumstances where “more than the value” would be well considered. I oppose this particular definition because if you are to base ... view
• 14 Nov 2018 in Senate: My colleagues have talked about the issue of removing the jurisdiction of the courts and I do not have to repeat that because the powers of the High Court are contained in the Constitution. They rise out of protection of fundamental rights and where fundamental rights have been violated, no other body, including an inferior tribunal, can take away the constitutional powers of the Judiciary in making a determination and appropriate orders as contained in the Constitution. What seeks to take away the jurisdiction of the court is Clause 3 of the Bill. view