James Orengo

All parliamentary appearances

Entries 3111 to 3120 of 4273.

• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, there were also the issue of categorization of land. You will see that under the Constitution and also under the National Land Policy, land was categorized as either public land, community land or private land. Those inform the systems of land tenure that I had talked about earlier. You will find in this Bill that there is a faithful demonstration of compliance with the National Land Policy and the Constitution to ensure that those categories of land are not there for cosmetic value, but there are principles of tenure that affect each system of tenure ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, now the constitutional requirement which was required of this House - and that audit must be carried out as spelt out in Article 68 - was to revise, consolidate and rationalize existing land laws. In all these three legislations – the Land Bill, the National Land Commission Bill and the Land Registration Bill - you will find that when they become law, nearly about 20 statutes will be repealed or provisions of those 20 statutes will be repealed. In relation to settlements that are dealt with in Part VIII of the Bill, you will find ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, in the case of Canada, where there are similar laws relating to provision of a maximum and maximum, those limits are based on the crops being planted. You look at the area and make a determination as to the kind of minimum acreage that would be required to have an economical and sustainable agricultural enterprise with appropriate returns in any particular given circumstances. You would find that as they go crop to crop, wheat farmers would get even 100 square miles of land as Canada is a large country. So, the answer to that question ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, there was an issue that was dealing with taxation of idle land, which was contained in the National Land Policy. Unfortunately, it was absent in the Constitution. During the deliberations in Naivasha and even nationally, the question of taxation of idle land was a deal breaker. Many people said that if that legislation found its way into the Constitution, they would vote against it. If you look at the initial drafts that included the element of taxation on idle land, you will appreciate that the history within this House is that it did not find ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, another issue that is, again, of an ideological kind, but is dictated by the Constitution is regulation of the recognition and protection of matrimonial property. I am glad that the Leader of Government Business is here because this matter was discussed at another place and it was rubbished very quickly. Those who are addressing this particular sector and gender interests would define “matrimonial property” to be any property acquired or existing in a situation of marriage. So, if you owned a ten storey-building in the middle of Nairobi within the existence of marriage, it will ... view
• 18 Apr 2012 in National Assembly: The constitutional implication was that even when it comes to matrimonial home, it becomes even more important. It was not just important as a legal question or a philosophical legal question, but as something which would help the law to deal with what would happen to that property on termination of marriage. I can tell you that this is a matter that is hot out there. There were some presentations which were made in the newspapers today about lack of recognition of gender equality and the rights of women over matrimonial property although this law goes in the way. Mr. ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Part Four deals with community land but only to the effect that it contemplates that particular legislation which will be coming in the fullness of time. That is the Community Lands Bill. Then there are the provisions that relate to the administration and management of private land. Those are found in Part Five and I do not want to go through them because really it is a question of rationalizing what is in place and ensuring that the systems of land administration that existed under the various Statutes are harmonized and made to cohere and ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, let us, finally, say that as Kenya is grappling with what is yet to come, and in the spirit of this Constitution we continue to talk about reform; reform is going to come about when there is--- I do not want to use the word ‘crusader” because in some corridors it may not be the right word. Justice also needs its soldiers. To bring about change, you must have people who believe in change and the land question in Kenya is still a looming question. It was identified as such under the dialogue process at ... view
• 18 Apr 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, that is what is the problem with the land question; people look at land as belonging to a chosen few, if I may put it that way. Can we make a paradigm shift and say that when I go for an election, I am thinking about a Kenya that belongs to all of us? When I see a piece of land, I think about the communities that do not have land. I want to engage my brothers in the Government in this; the Minister for Justice, National Cohesion and Constitutional Affairs, probably this will fall ... view
• 18 Apr 2012 in National Assembly: With those few remarks, I beg to move and ask my learned friend, Mr. Wamalwa, to second. view