All parliamentary appearances
Entries 3301 to 3310 of 4273.
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13 Dec 2011 in National Assembly:
Madam Temporary Deputy Speaker, I just want to refer to Article 40 of the Constitution, which says the following--- I think this is a very important provision in this Constitution. It is being argued in this Report that, probably, there is no legal framework with regard to demolitions; that we should enact a law or produce some guidelines to govern circumstances where evictions have to be carried out.
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13 Dec 2011 in National Assembly:
Madam Temporary Deputy Speaker, I think the people of Kenya and this Parliament did make certain provisions, which I think are very important as we discuss this particular issue, and I want to refer to Chapter 5, which deals with land and environment, Article 60. I will come back to Article 60 (1) later, but Article 60 (2) says the following:-
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13 Dec 2011 in National Assembly:
“These principles shall be implemented--- These are the principles that relate to the land policy. The principles shall be implemented:-
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13 Dec 2011 in National Assembly:
“---through a national land policy developed and reviewed regularly by the national Government and through legislation.” So, there are two options; either the land policy will be carried out on the basis of the National Land Policy or on the basis of national legislation. This matter is so critical; it is not left to legislation by county governments. It is to do with national legislation. I think this Parliament did the country proud when in the year 2009, we discussed and approved the National Land Policy, which was Sessional Paper No. 3 of 2009. I just want to quote from ...
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13 Dec 2011 in National Assembly:
“establish appropriate mechanisms for removal of squatters from unsuitable land and their resettlement.” That means that where there are squatters and it is recognized that they may not have a colour of white, the Government committed itself in the National Land Policy to establish appropriate mechanisms for removal of squatters from unsuitable land and their resettlement.
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13 Dec 2011 in National Assembly:
Paragraph “f”, which is very important, says:-
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13 Dec 2011 in National Assembly:
“facilitate negotiations between private owners and squatters in cases of squatter settlements found on private land.” Now, the argument has been that the Kenya Airports Authority (KAA)--- The land we are talking about which is partly on the flight path, by definition in law, it is a private property which belongs to the KAA. That is the how it is classified. This National Land Policy recognizes that even where there are squatters on private land--- I think this message should go out very clearly, because I am also tired of writing to other departments in Government to not only adhere ...
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13 Dec 2011 in National Assembly:
“where there are squatters on private land, a forceful eviction is not the option.” The option that the National Land Policy has adopted is that there should be negotiations between the private owners and squatters in cases of squatters’ settlements. Madam Temporary Deputy Speaker, this is because of the history of Kenya as it is. Many Kenyans, especially at the Coast Province and in the urban areas, because of the land policies that existed in the past, live either in slums or informal settlements. This National Land Policy is saying that in such instances, even if there is a court ...
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13 Dec 2011 in National Assembly:
I will take the information, Madam Temporary Deputy Speaker.
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13 Dec 2011 in National Assembly:
Madam Temporary Deputy Speaker, that does not take away my point. I was saying that generally speaking, a lot of land, including trust land, belongs to civic authorities. Land in the counties belong to civic authorities. Therefore, you could find Mavoko Municipal Council playing some role where land is within their jurisdiction.
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