All parliamentary appearances
Entries 2951 to 2960 of 4273.
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26 Apr 2012 in National Assembly:
I just thought that it would be neater for hon. Ogindo to withdraw his amendments and then allow the Chair to propose his amendments. I think the formulation in the amendment by the Committee is good, instead of deleting and then coming back again and saying you want to re-insert sub-article (2).
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26 Apr 2012 in National Assembly:
It would be distrust.
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26 Apr 2012 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, Article 10 as applied generally would not really help us because it is talking about patriotism, human dignity and there are things like participation and non-discrimination. But I think the point that the Committee wanted to bring out was more specifically the provisions contained in Article 10 sub-article 2 which is applicable. But if you look at Article 10(1), it is more of a general provision that anybody, when applying any law or enacting any policy or interpreting the Constitution, must take on board the principles which are laid down in Article 10(2). So, if ...
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26 Apr 2012 in National Assembly:
First of all, by renumbering these sub- clauses, there is going to be a lot of confusion arising out of the amendments moved by the Committee. So, I would plead that in the preparation of these Bills for Presidential Assent or subsequently, the Attorney-General under his general powers can renumber. For example, if there is a new clause, the question of numbering and renumbering, I think we should leave it to somebody who will finally be dealing with the final document.
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26 Apr 2012 in National Assembly:
As to how to trigger applications under Clause 12, it sets out ways of allocating land and it is for that particular reason that under Sub-clause 12 – if you have the Bill – on page 367, it says:-
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26 Apr 2012 in National Assembly:
“The Commission shall make regulations prescribing---” This means that it will be part of the law. There are also the following words:- “---the criteria for allocation and for connected matters.” For example, if it is the Commission which will trigger an allocation by, let us say, advertising that there shall be a public auction, it is only after that has been done that you can apply. Or, if it is to be done by lots, you cannot apply until you are told that on a particular day, land will be allocated on the basis of lots. And for your own ...
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26 Apr 2012 in National Assembly:
So, I would suggest that in the amendment with regard to how to trigger acquisition through an application, we should leave that to the rules and regulations, which will be brought before this House. If you put it the way it is, there will be no way then the Commission will do anything until you apply. If it is by public auction, that application may not be consistent with either the advertisements and/or the question of lots. Or, where it is targeted groups, we can say this is for this project of slum upgrading, and only those who qualify fall ...
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26 Apr 2012 in National Assembly:
So, unless you now sit down and say, “For each category, this is the way to apply; for this category, this is the way to apply;” that way, I think I would agree. But the way you have put it does not seem to amount to any crystallized position in relation to how the Commission can actually allocate land, and I beg you that we leave it to the rules.
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26 Apr 2012 in National Assembly:
Yes!
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26 Apr 2012 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, with respect, I think they are not also reading the entire legislation. You are reading it selectively. For example, if you look at Clause 13(1), it reads:- “The Commission shall, before allocating any public land under this Act, issue, publish or send a notice of action, to the interested parties, at least thirty days before, offering for allocation, a tract or tracts of public land.”
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