James Orengo

All parliamentary appearances

Entries 3211 to 3220 of 4273.

• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, the National Land Commission is established as an independent organ because we know that there was a time and that time has not expired because the institutional arrangement still exists where the management of public land was essentially in the hands of a department within the Executive which was not independent. When it came to matters to do with public land, the land that had not been alienated and was available for alienation, conferring any grants in relation to such public land was a power vested on the President and currently that power has been ... view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, now there is the right of access to information by the public with regard to what is contained in the register. Clause 13 states that there shall be appointed by the Public Service Commission, a Chief Land Registrar and such other officers who shall be public officers as my be considered necessary for the effective discharge of functions under this Act. I would want to put it to the House that in this particular Bill we thought that those appointments should be made by the Public Service Commission (PSC), but there is an argument that those ... view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, there are provisions in clauses 25, 26 and 27 and these are not different. If you look at the Registered Land Act (RLA) and the Registration of Titles Act (RTA), sufficient regard is in these Bills to secure land rights and those who own rights. Those who practise land law will find similar provisions in the RLA and in the RTA. Clause 27 of the Bill, which is on page 203, reads as follows, and I quote: view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, part 2 of the Bill deals with the functions and powers of the Commission. That is found on page 259. We have more or less reproduced in its entirety Article 67(2) of the Constitution. This is to ensure that anybody dealing with the Commission or dealing with matters related to land, they do not have to go back to the Constitution to determine the powers and functions of the Commission. Although this is repetition and even some people have said it is superfluous but we think it is important to repeat those functions in the ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, while still talking about the functions, what is being stated and enumerated is that the National Land Commission is like an estate agent, if I can put it in those words. The landlord, the owner of public land as stipulated in the Constitution is either the county government which holds it and has land vested on it for the benefit of the people resident in the county. Literally speaking, they are the landlords as it were, but on terms and conditions. The Commission under delegated constitutional mandate is the one to manage that public land. ... view
• 22 Feb 2012 in National Assembly: “The certificate of title issued by the Registrar upon registration, or to a purchaser of land upon a transfer or transmission by the proprietor shall be taken by all courts as view
• 22 Feb 2012 in National Assembly: The other category of land which now will fall in the hands of the county governments is land transferred to the State by way of sale, reversion or surrender. Those of my colleagues who come from, for example, the tea growing areas in Kericho, if there was a sale to the State or a reversion or a surrender to the State, of let us say, one of those tea estates, automatically by dint of the Constitution, that category of land will fall under the land vested in the county governments. The other category is land in respect of which no ... view
• 22 Feb 2012 in National Assembly: evidence that the person named as proprietor of the land is the absolute and indefeasible owner, subject to the encumbrances, easements, restrictions and conditions contained or endorsed in the certificate, and the title of that proprietor shall not be subject to challenge, except – (a) on the ground of fraud or misrepresentation to which the person is proved to be a party; or, (b) where the certificate of title has been acquired illegally, unprocedurally or through a corrupt practice.” Now, those provisions exist in the current legislation probably not in quite the same words, but I think this is an ... view
• 22 Feb 2012 in National Assembly: The other category of land which happily may have some bearing on how the county governments would operate is land which by dint of the Constitution will become community land but as we speak now, they will be under the edges of the county governments until the legislation that provides for community land, which has got a five year timeline is in place. I am saying this to show that county governments have a critical role to play, but also the National Land Commission is obligated to deal with the county governments so that if there was any doubt, that ... view
• 22 Feb 2012 in National Assembly: Part 3 of the Bill deals with the composition and administration of the National Land Commission. It also deals with the appointments of the persons who shall be members and chairpersons of the Commission. The only thing that we discussed when we were in Mombasa during the workshop for the Members of Parliament was the issue of age and experience of the chair and the members of the Commission. In the Bill, the knowledge and experience of the persons to qualify as chairman --- I am sorry I talked about age, there is no age qualification, but there is qualification ... view