James Orengo

All parliamentary appearances

Entries 3031 to 3040 of 4273.

• 25 Apr 2012 in National Assembly: Constitution, and more particularly the Fifth Schedule, was extended by 60 days; those 60 days expire by midnight tomorrow. If this Business is not completed, then these two Constitutional Bills or any other business falling within the constitutional dispensation will not be able to be piloted and enacted as required by the Constitution. I must say that in the request for the extension of time, which this Parliament approved after a Motion had been moved ably by the Chair of the Departmental Committee, hon. Mutava Musyimi, that the engagement of that Committee with stakeholders and, indeed, with our Ministry, was ... view
• 25 Apr 2012 in National Assembly: So, Mr. Speaker, Sir, without any further ado, I beg to move. view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I must, first of all, confess that when this matter was being discussed by the Committee, I was there. Therefore, I do not want to be seen to be reneging on the position that was taken by the Committee. I was there by invitation of the Committee. Just to put some light on this whole matter, if you look at the Bill, what is seeks to record as an overriding interest is “spousal rights. What is “spousal rights?” You are not going to find them in this Land Registration Bill. They are not any right but ... view
• 25 Apr 2012 in National Assembly: written law or under customary law. What it seeks to protect is already a right that is recognized by the Constitution. If you look at the wording of the Constitution, it says that “Parliament shall enact legislation to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage.” Just to be candid, although I have no problems either way, the truth of the matter is that the proposed amendment will take away quite a bit of what the Constitution provides. That is the problem. I had indicated to the ... view
• 25 Apr 2012 in National Assembly: My friend, Mr. M. Kilonzo, knows that at some other forum some people never want to hear anything about spousal rights, but I think this is “times gone” and not “times that are here with us”. I would urge the Chair that so long as this clause is talking about protection of a spousal right, it is not protection of any rights but protection of spousal right. If you look for that right, you are not going to find it in the Land Registration Bill. It exists in many other legislations. The reason why it is important additionally is that ... view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I am not sure that I am looking at the same clause. I thought the amendment was in 37(4). All that it is saying is that subject to Article 67 and it does not say of what. So, the amendment seeks to insert the words “of the Constitution”. I think that is unnecessary amendment. However, in Clause 37(2), there is no amendment. The reason for this is that under the law of contract, if my learned friend knows, it says that you cannot enforce a contract for purposes of property, particularly land unless it is in ... view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I think the reason raised by hon. Martha Karua, the formulation of the Committee by clause 38 is very important because sometimes documents are thrown away because they are not in the prescribed form. If a dot is missing, that document is rendered a nullity. However, if there is some discretion, this would help a lot of documentation that is happening in the villages and with communities. So, I support this amendment. view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, something just occurred to me. I do not know how to go about it since, probably, it is a typographical error. Under the amendment in part (a), it reads: “The land register maintained under Clause 7 of this Act.” The word clause should not appear. It should be Section 7 because we are talking about the Act. So, you should allow him to move that there be a further amendment of the deletion of the word “clause.” view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I just want to bring to the attention of the Chair the fact that I have been trying to read the amendment that has been proposed by the Committee and it goes in the opposite direction. It reads as follows: “in compiling the Land Registrar, the Registrar shall register the Commission in trust of the County and National Government as the proprietor of public land” view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, that will be contrary to the Constitution, which says that public land shall either vest and be held by the National Government or by the County Government. I think if it is done in this way, it may be in conflict with the Constitution. There is the danger that the Commission will undermine or abuse the fact that the land is registered in their name. I am, therefore, proposing an amendment to this proposed amendment, so that after the word “register”, it should read “in the name of the County and National Government as proprietors of ... view