James Orengo

All parliamentary appearances

Entries 3231 to 3240 of 4273.

• 22 Feb 2012 in National Assembly: I think the point that we want to make is that these provisions are made subject to Article 68, so that as you read these provisions of Clause 14, they should not be seen to be restrictive or going against the powers or provisions that may be elaborated in Article 68 of the Constitution. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, as I was saying at the beginning, this is a very important function of the Commission; that it will review all grants and dispositions. This informs the decision to have nine Commissioners rather than less, because of this work. For it to be undertaken throughout the country, it would probably require the Commissioners to divide themselves into groups to deal with the issue. view
• 22 Feb 2012 in National Assembly: Mr. Deputy Speaker, Sir, I would also want to bring to the attention of this House other provisions that are very important. These are co-ownership and other relationships between spouses; that is Clause 95. I think this is also in trying to underpin the provisions that are in the Constitution in relation to matrimonial property. Where land is acquired for co-ownership, there shall be a presumption that, that land would be held as tenants in common rather than as joint tenants. In a joint tenancy, there are problems because if you hold land as a couple under a joint tenancy, ... view
• 22 Feb 2012 in National Assembly: With regard to those who practice property law, there are many cases when a conflict arises either on the death of one spouse or during their lifetime. There is always a presumption that if it was a joint tenancy, on the death of any one of them, the benefit of the party who has died may not be survived through another beneficiary or in any other way. There is also another issue I wanted to bring out because it is one of the issues that have been raised by stakeholders and some lawyers. This is in relation to land adjudication ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 14(2) then reads: “Subject to Articles 40, 47 and 60 of the Constitution, the Commission shall make rules for the better carrying out of its functions under subsection 1.” view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Article 40 is on the protection to property under the Constitution. So, the rules that will be made by the Commission cannot go against the Article contained in the Bill of Rights, which is Article 40 on protection of property. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Article 47 of the Constitution deals with fair administrative action. Again, the Commission in all its work, in this regard, must ensure that those rights under the Bill of Rights and specifically, Article 47, must be adhered to. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Article 60 of the Constitution sets out the principles of land policy. Again, the Commission in dealing with this review of grants and dispositions, to put in consideration all the time, not as an option but a requirement, must have regard to those Articles of the Constitution. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 14(3) says that in the exercise of the powers under subsection (1), the Commission shall give every person who appears to the Commission to have an interest in the grant or disposition concerned, a notice of such review and opportunity to appear before it and inspect relevant documents. So, again, this is supposed to anchor fair hearing and due process. view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 14(4) reads: “After hearing the parties in accordance with subsection (3) the commission shall make a determination.” view