James Orengo

All parliamentary appearances

Entries 3221 to 3230 of 4273.

• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, the next provision may be very important--- I would invite hon. Members to look at Clause 29, especially those who know that in the National Land Policy--- Indeed, looking at the whole issue, there have been historical injustices of a kind. I am saying historical because they are characterised as such in the National Land Policy and in the application of the RLA on first registration. Many of our womenfolk were disinherited through the principle of absence of challenge on first registration, but it will be interesting if I read this out. Clause 29(a) creates overriding ... view
• 22 Feb 2012 in National Assembly: “Unless the contrary is expressed in the register, all registered land shall be subject to the following overriding interests as may for the time being subsist and affect the same without their being noted on the register – (a) spousal rights over matrimonial property;” That means that in a marriage if there are interests in any matrimonial property, even if that interest is not registered, there is an overriding interest in that land; that provision was necessary because Article 68 of the Constitution requires Parliament to enact legislation to regulate the recognition and protection of matrimonial property and in particular ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I will even mention that, in fact, when this matter went to the Cabinet, there was no unanimous position on this. However, some hon. Members felt that the age qualification may be a little too high. We thought is that if you go through some subsequent provisions of the Bill, this Commission will have some quasi-judicial functions. If you look at those functions, they are judicial functions to make determinations and adjudicate over disputes which relate to land in many ways. That may require people who have, not only the knowledge, but have appropriate experience ... view
• 22 Feb 2012 in National Assembly: These are things that can be dealt with during the Third Reading. It has been stated by part of the players in the land sector that there should be specific provisions that the Commission is a body corporate with perpetual succession and power to hold asset. If it is the feeling of the House, I have no problem. However, this is a Commission established under the Constitution. It is an independent Commission. Therefore, all those powers relate to State organs or commissions would normally include it being recognized as a specific legal or statutory organ under the law that can ... view
• 22 Feb 2012 in National Assembly: There is a further provision in that Article 68(a)(vi) to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land. I think this is something that is not in our legislation. You know of many families which were disinherited on account of the death of one particular spouse in relation to the other spouse. view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, in Clause29(b), another overriding interest will be trusts, including customary trusts. These exist especially in relation to land that may have been held for the benefit of persons other than the registered owners, but there will be other beneficiaries on application of customary law. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, then there are also provisions relating to removal of the chairperson and the membership of the Commission. The terms for the members of this Commission is limited to a single term of six years. Again, the political theory around this was that anybody sitting in such a powerful commission for more than six years, if there are many of them sitting for too long in this kind of commission, they will be too powerful, probably, or if they elected to go the wrong way, it would be very difficult to deal with cleaning up that ... view
• 22 Feb 2012 in National Assembly: The power that is donated by the Constitution which is found in Article 68 of the Constitution which is found in this Bill, the National Land Commission Bill, is the review of grants and dispositions that are found to be irregular or unlawful. If I may go to the provisions in Article 68 of the Constitution what it says and what it requires of this Parliament to do. Allow me to quote, Article 68(c)(iv). It says:- “Parliament shall enact legislation to enable the review of all grants or disposition of public land to establish their propriety or legality.” That is ... view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, Clause 35 deals with searches and we are saying that those should be available on payment on a fee, but all this is said in the context of the new Constitution, that there will be freedom of information. I know the relevant legislation will be brought here by my friend, hon. Mutual Kilonzo, as to determine in which way information can be requisitioned and on what terms and conditions. view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, the other clauses which I want to bring to the notice of the House is in Part III. These are dispositions and dealings affecting land. There are some powers there that are given to the Cabinet Secretary. I would suggest that those powers given to the Cabinet Secretary at the appropriate time--- Indeed, it is my wish that those powers should be donated to the National Land Commission rather than the Cabinet Secretary. view