James Orengo

All parliamentary appearances

Entries 3051 to 3060 of 4273.

• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I beg to move:- THAT, Clause 5 be further amended by deleting “(d)” and deleting the words “by the Commission in (4). Part (d) talks about manage and administer all unregistered trust land and unregistered community land on behalf of the county government. Again, it can never be on behalf of the county government. This is for the people. Community land belongs to communities as defined in the Constitution. If you look at the relevant provisions of the Constitution, the intention was to keep the National Land Commission away from community land and how it is ... view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, under Clause 5, there is a proposal in sub-clause (2) to insert new paragraphs after paragraph (c). This is on page 325. The proposal by the Chairman to amend Clause 5 is that (a), in sub-clause (2) by inserting new paragraphs. I am saying that that paragraph (d) which is proposed would not be in the letter and spirit of the Constitution since the view
• 25 Apr 2012 in National Assembly: intention which is very obvious is that the management and administration of community land or even trust land can never be done on behalf of the county government. It can also not be done for the benefit of the county governments. So, I was proposing that that entire (d) be deleted and we remain with (e) as proposed. I do now know whether I am clear. If you want further clarity, I can read what is contained in the Constitution. Article 63(1) reads that:- “Community land shall vest in and be held by communities identified on the basis of ethnicity, ... view
• 25 Apr 2012 in National Assembly: When it comes to unregistered community land, it shall be held in trust by county governments on behalf of the communities for which it is held. To give these powers to the Commission to manage community land and in the spirit of devolution, this will complicate matters. If you have land out there in Bomet, and you are saying that that community land should be administered by the National Land Commission, it is very dangerous. That should be kept out. view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, it is (d). I am happy with (e) and then (b) in the proposed amendment, because it is dealing with the entire Clause 5 where it says “by inserting the following new sub-clauses immediately after sub-clause 2-. In (4), it says that Parliament may, after taking into account the progress of registration, extend the period set by the Commission under sub- clause (3)”. The period is already set by that sub-clause 3. So, you should delete the words “by the Commission”, because if you look at that sub-clause, the period has already been set by Parliament, ... view
• 25 Apr 2012 in National Assembly: Yes, I am happy with that because that sub-clause sets the period. view
• 25 Apr 2012 in National Assembly: I forgot. Hon. Dr. Otichilo’s amendment is beautiful and I support. view
• 25 Apr 2012 in National Assembly: Madam Temporary Deputy Chairlady, I think we are safer off without this amendment. Initially, and I agree with the Parliamentary Legal Counsel, the main focus for this amendment was to establish the Commission as a body corporate which, as rightly pointed out under Article 253 of the Constitution, the provisions in relation to incorporation of commissions and independent offices are clearly spelt out. The functions that Dr. Otichilo, with respect, wants to give to the National Land Commission, I think are not being brought to the right legislation. There is going to be another legislation relating to spatial land use ... view
• 25 Apr 2012 in National Assembly: I just wanted to contextualize the responsibility that is being given to the Commission, which actually this legislation has watered down. The Commission is required to review all grants and dispositions to determine whether those dispositions were effected regularly or irregularly and they are supposed to make a finding. After they have spent time reviewing and then at the end all they can do is to recommend to a body, which is the office of the registrar, and which is a subordinate body to the Commission, then from the registrar we will have another process of going to court. I ... view
• 25 Apr 2012 in National Assembly: Madam Temporary Chairlady, I think that amendment actually is due to misunderstanding. What Clause 6 is saying--- For example, if the Commission finds that you acquired the title deed irregularly, that means that there are some procedures which were not undertaken, but which would not lead to revocation of title deed. For example, probably, you did not sign a document somewhere. That is an irregularity if it is required by the law. So, instead of throwing you away, they can rectify or correct the irregularity. But once you have done it, then they can also make consequential orders following that ... view