15 Mar 2016 in National Assembly:
The other pertinent issue is with regard to the registries. The dangerous thing about that amendment is that it purports to say that the Registrar may, at any time, open a new edition of a register showing only the subsisting registries and omitting therefrom all entries that have ceased to have effect. What this means is that the Registrar can, either on his own motion or on the instructions of the CS, interfere with the records of any land register. That is a very dangerous provision because it means you will disinherit people. You will remove the records that are ...
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15 Mar 2016 in National Assembly:
The other issue is with the amendment to Section 12 of the Land Registration Act. This amendment gives the powers of registration to the CS. That should not be the case because it is supposed to be done by NLC. So, the whole Bill is meant to undermine the work of NLC. Worst of them all is the issue of certificate and registration. The Land Registration Act is very clear that there are circumstances when you can cancel or challenge a title. There are three circumstances, fraud or misrepresentation, or where the rights of the proprietor have been acquired illegally. ...
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15 Mar 2016 in National Assembly:
In fact, that was supposed to cure that anomaly. During that time, you could not challenge the first registration. The only thing was that the Government was the one which was supposed to compensate, and that caused a lot of harm to people’s rights to property. This time, they have removed this third ground, which is very crucial. If you procure a title unprocedurally or through corrupt schemes, it cannot be challenged if at all this Bill passes. So, it is a very dangerous provision to introduce. This Bill negates the provisions on matrimonial property and customary trusts. This is ...
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15 Mar 2016 in National Assembly:
I shall. But what I am saying is that the intention of the whole Bill is to roll back the constitutional benefits that we have acquired since the year 2010.
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15 Mar 2016 in National Assembly:
I do not think this is a constitutional Bill.
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15 Mar 2016 in National Assembly:
This Bill seeks to amend laws that are already there. It is not a constitutional Bill. The argument that I heard the other day is that those laws were rushed through Parliament and so, they have errors. I believe this is something that should be looked at before being brought to this House. These provisions are unconstitutional and they are going to negate the progress this country has made. When you say you cannot register sub-leases, it is very dangerous because somebody can benefit from it. It should be for the benefit of the county governments. In fact, leases, especially ...
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10 Mar 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. This is a very important Bill. I would like to move that this debate be adjourned to next week. It is a very important debate and we need to have as many Members as possible participating. I move to adjourn the debate to sometime next week at the earliest. I would like to request Hon. Birdi to second.
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8 Mar 2016 in National Assembly:
Hon. Speaker, I would like to join my Chair because we are dealing with a Bill on classes of transactions subject to ratification by Parliament. The Constitution is very clear in Article 71(1). It says, under Sub-Article (1), that a transaction is subject to ratification if it involves the grant of a right or concession by or on behalf of any person, including the national Government, to another person for exploitation of any natural resource of Kenya.
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8 Mar 2016 in National Assembly:
You cannot remove oil and gas from the natural resources of Kenya. They are attempting to remove what the Constitution has provided for. If we remove this, it will be prone to abuse. That is the intention of the amendment. It is mischievous.
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8 Mar 2016 in National Assembly:
Thank you, Hon. Speaker.
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