James Orengo

All parliamentary appearances

Entries 3241 to 3250 of 4273.

• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 14(5) reads: “Where the Commission finds that the title was acquired in an unlawful manner, the Commission shall recommend:- (a) to the Registrar, the revocation of the title; and, (b) to the national or county government the payment of compensation to the aggrieved party.” Mr. Temporary Deputy Speaker, Sir, we cannot run away from those provisions. This is because the Constitution, under Article 40, does not recognize any right or interest in land, that is determined to have been unlawfully acquired. So, the only option then is for the Commission to recommend to the ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, the way this has been dealt with in the Constitution is that the National Land Commission can only recommend redress. What the country is looking for is not recommendations. It is looking for action. The National Land Policy has recognition under the Constitution. The Constitution says that there shall be a national land policy that can be reviewed over time but once so reviewed, it becomes part of the principles of the Government on land matters generally. view
• 22 Feb 2012 in National Assembly: The National Land Policy, which contained in Sessional Paper No.3 of 2009, contains various recommendations on how to deal with redressing those who have suffered historical land injustices. One of them was restitution. You actually restore back those communities or those persons into status quo prior to that injustice. You literally put those persons back to where they were at the beginning. You can also compensate them as a way of dealing with historical injustices relating to land. You may also find alternative land for those persons who are affected. All these principles are found in the National Land Policy. ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, criticism has it that we have not dealt with this aspect and, instead, we are saying that there should be legislation within two years. We were of the view that already, the Commission has powers even without this legislation; to investigate and make recommendations but we felt that in order to have a framework within which there will be a fair process of adjudicating all these matters and come up with redress, the Commission itself should come up with an appropriate legislation within two years for enactment by Parliament. However, this does not mean that ... view
• 22 Feb 2012 in National Assembly: The other factor that informed on this is that at the time when the Truth, Justice and Reconciliation Commission (TJRC) was being established, its mandate was to make inquiries into historical injustices and come up with a report. If you have been following the proceedings of the TJRC, you should know that many of the complaints that are being raised about historical injustices relate to land. We thought that once the TJRC accomplishes its work, the National Land Commission may find material in the TJRC’s report, which will enable it to come up with an appropriate legislation recommend it to ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 16 talks about the Commission forming committees, co-opting members and so on, to enable it carry out its functions. The issue that, again, attracted a lot of criticism about the National Land Commission was the issue of devolution. A lot of references made to the absence of provisions to carry out the principle of devolution were based on the document I am holding in my hand – Legal Analysis of Kenya’s Land Bills and Land Registration Bill. There is also an Analysis of the National Land Commission. This was undertaken by the USAID view
• 22 Feb 2012 in National Assembly: I want to inform Members of Parliament that the Ministry of Lands has been working with this group. When we were having a workshop in Mombasa, they were there. In fact, when Members of Parliament left, I had a whole session with them to interrogate not only the drafts against the criticisms that they had made but also looked at the recommendations that Members of Parliament had made with a view to determining whether or not they met the standards of the criticisms that they had made in these very important documents. view
• 22 Feb 2012 in National Assembly: So, I find that there all of the criticisms are justified but some of them were based on the versions of these Bills, which were not in place at the time. A lot of people had been looking at the versions of the Bills that were there in October and November but the version that we are now dealing with is a result of an engagement with this group. They have analysed the Bills. Although they may not agree with some of the Bills, my position is that it depends, ideologically, where you stand or the views that you have ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, Clause 18 deals with the issue of devolution. It provides that when the Commission deals with public land that lies within the counties in whatever way, there shall be what we are calling a “county land management board”, which shall consist of not more than nine members, which is a big number; to take care of diversity within the counties. This body shall essentially have ex-officio members but shall also have members who are nominated by the governor and approved by the county assembly. So, in managing public land in the counties, the National Land ... view
• 22 Feb 2012 in National Assembly: Mr. Temporary Deputy Speaker, Sir, I would like to donate a bit of my time to hon. Mudavadi to contribute. view