28 Oct 2014 in National Assembly:
Thank you, Hon. Chairlady. In fact we really thought about this matter and we agonised over it as a Committee because we expected all this disagreement. However, we thought that this is a new and very expensive venture that requires very qualified people. We also realised that we had to get people from outside the country, who cannot be given a short contract and be effective. So, if we do not agree, at least, on the number of years, then definitely we will not get the best qualified people. We thought five years was the best period. In fact, if ...
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28 Oct 2014 in National Assembly:
Hon. Chairlady, you see, there are two interests in what hon. Ochieng is saying, namely, the one that you take over the land through compulsory acquisition, if it is private or community land, and the one on leases. So, we have to look at all cases in their own perspectives. The way this clause is framed is correct.
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28 Oct 2014 in National Assembly:
Thank you, hon. Chairlady. The hon. Member should actually appreciate the fact that land belongs to you on the surface. When it comes to minerals, they belong to the State. Since we rely on these minerals for the economic benefit of the country and everybody else, it is imperative that you do not stop the extraction of those minerals. Minerals belong to the national Government or the people of Kenya. Therefore, you cannot stop it, even if the land is yours.
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28 Oct 2014 in National Assembly:
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28 Oct 2014 in National Assembly:
Hon. Chairlady, let all hon. Members know that the Constitution recognises community land. Even their management must be put in place and I agree with them fully. What we have not appreciated is that if you look at Clause 36(1)(a), which reads; “A mineral right shall not be granted under this Act or any other written law over community land without the consent of- (a) the authority obligated by the law relating to administration and management of the community land to administer community land”, that includes community representatives in group ranches. So, unless you want to remove that one and ...
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28 Oct 2014 in National Assembly:
Hon. Temporary Deputy Chairman, I tend to agree with my colleague on, at least, (d); that it should be specific. It is definitely the High Court that we should go to instead of talking of judicial processes. They are many judicial processes. So, I agree with him fully. Do we not need to give the Cabinet Secretary the first chance? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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28 Oct 2014 in National Assembly:
For purposes of cutting litigation, which is unnecessary and expensive, why can we not give the administrative process a chance first? If we are told that the Cabinet Secretary is unable to resolve the problem, then we will go to arbitration, if it is provided for. For example, under the Land Adjudication Act, before you go to the High Court, you have first of all to go through the Minister and through the objection process. I believe it is meant to ensure that we do not get into litigation.
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28 Oct 2014 in National Assembly:
It is also part of the High Court.
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23 Oct 2014 in National Assembly:
Thank you, hon. Deputy Speaker. I would also like to add my voice to the debate on the Water Bill. First of all, I would like to commend the Chairperson for the detailed presentation that he has given. Water is a very sensitive commodity and the more scarce it is, the more it becomes an issue that brings conflict. Our Constitution under Article 43 (1)(d) clearly states that every person has a right to clean and safe water in adequate quantities. This Bill that we are speaking to today actually contains the said facts under Clause 61, which says that, ...
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23 Oct 2014 in National Assembly:
When we talk about national Government providing or being in charge of water resources, it is a very important thing. This is because most of our water resources actually cross-cut counties. Whereas we believe that counties from which these waters emanate should also benefit, we should ensure that this resource is shared. In fact, the establishment of an agency for the management of water resources is very important. This Bill has actually proposed many authorities which are going to be of use. They will also ensure that these water resources are properly managed and well distributed. I would like to ...
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