William Kamoti Mwamkale

All parliamentary appearances

Entries 71 to 80 of 134.

• 5 May 2016 in National Assembly: I think he Chair is telling the House that he has conceded that some of the clauses are unconstitutional. Therefore, if he re-phrases and takes care of what he is conceding and comes up with a new amendment, I will agree. We cannot just dump my proposal and consider his amendment when we know some of the issues have not been taken care of. view
• 5 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, I beg to move:- THAT, clause 49 of the Bill be deleted. Clause 49 proposes the deletion of the marginal note to substitute it with “powers and functions of the Cabinet Secretary (CS)”. It goes ahead to put in a new provision (g). It gives the powers to make policy directions to the CS. This is unconstitutional. Article 67(2)(c) is very clear that it is the NLC which is mandated to give policy direction to the national Government, and not the Cabinet Secretary indicated by the marginal note. view
• 5 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, I beg to move:- THAT, Clause 52 of the Bill be deleted. What is being amended here is the power to allocate land. Section 12 of the original Act provides that the Commission may, on behalf of the national or county governments, allocate public land. The same is echoed in Section 14 of the Land Act No.6 2012, which enumerates that the Commission shall, before allocating public land, give notice. We are saying that we ought to have checks and balances. Management and administration roles of land have been vested in the National Land Commission (NLC) ... view
• 4 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, I beg to move:- THAT, Clause 43 of the Bill be deleted. I am proposing that we retain Section 5 of the National Land Commission Act as it is. This clause talks about ensuring that public land and land under the management of designated State agencies is sustainably managed for the intended purpose. This is the amendment but Section 5 of the NLC Act has the additional wording “for future generations”. We are making laws. When you talk of land, you cannot afford to exclude future generations. What is being excluded here is the wording “future ... view
• 4 May 2016 in National Assembly: The Bill also proposes to delete the functions of the NLC, which are enshrined in the Constitution. Article 62 of the Constitution gives the Commission the powers to administer and manage public land. The sections that I have enumerated deal with administration of land and management. Therefore, we will be amending the Constitution. There is no point of deleting all these clauses when Article 62 of the Constitution is still intact. view
• 4 May 2016 in National Assembly: I am not and I have never been one. view
• 4 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, I thought when we vote by acclamation, sound is basically one of the crucial factors as opposed to numbers. I wish to have clarification. How do we take care of acclamation? How does it operate? view
• 4 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, I beg to move:- THAT, Clause 44 of the Bill be deleted. What is being deleted and substituted is Section 15 of the National Land Commission Act, 2012. This is what the section says— “The Commission shall, within two years of its appointment, recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67(2)(e) of the Constitution.” First, Clause 44 of the Bill is being pegged on Article 67(3) of the Constitution, which does not provide for investigation of claims on historical ... view
• 4 May 2016 in National Assembly: Hon. Temporary Deputy Chairlady, to wind up, such a law will require public participation. You do not just plunge in an omnibus law. This will affect many Kenyans who have been robbed of their land. view
• 19 Apr 2016 in National Assembly: Thank you, Hon. Temporary Deputy Chairlady. I support this amendment. A previous amendment put some dependence on the Cabinet Secretary on this matter. However, this amendment has put everything in the hands of the community. This will go a long way in promoting transparency and putting the community in charge of the whole process. The amendment is worth taking on board. view