National Assembly · Afternoon Sitting

Hon. Temporary Speaker, I rise to present a public petition on the gazettement of Mwala and Kalama sub-counties of Machakos County as hardship areas. I, the undersigned, on behalf of Kenya Union of Post-Primary Education Teachers (KUPPET) Machakos Branch, represented by Mr Musembi Kutuku and Mr Ibrahim Ngunga of P.O. Box 159-90100, Machakos, draw the attention of the House to the following: THAT…

River; poor transport network due to bad roads in Matulani, Miseleni, Mutula, Kasengela and Kwamwonga areas, resulting in high transport charges by public vehicles necessitated by increased frequency of maintenance of vehicles; harsh climatic conditions, leading to famine; limited telephone network and internet connectivity, hampering access to critical services; and limited access to medical care…

Thank you. Petitions are usually committed to the Public Petitions Committee. I can see the Chairman, Hon. Mbai, is smiling. I hope you do justice to this particular Petition. I see no interventions on it. Let us move to the next Order.

Leader of the Majority Party.

Hon. Temporary Speaker, I beg to lay the following papers on the Table:

Thank you. Well done. Next Order.

Is Hon. Cecilia, the Member for Turkana County in the House? Go ahead.

Hon. Temporary Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Regional Development regarding the alarming crocodile attacks that have tragically resulted in the loss of lives among residents living along the shores of Lake Turkana. The water levels of Lake Turkana have risen dramatically, submerging several …

Is Hon. Lochakapong in the House? The Chairperson of the Departmental Committee on Regional Development, the request for a Statement is accordingly committed to that Committee. I can see the Member for Turkana Central. I cannot see your card. Please press the intervention button.

Turkana Central.

Yes, Hon. Emathe. Go ahead.

Hon. Temporary Speaker, what has been raised in that Statement also happens in my Constituency. It cuts across many issues. It is not only about potable water. Firstly, the Kenya Wildlife Services (KWS) should address the frequent crocodile attacks.Secondly, those who have been attacked and killed by crocodiles are also supposed to be compensated. Thirdly, this issue also affects education. Chil…

Hon. Mbai.

Thank you, Hon. Temporary Speaker. I want to comment on the Statement that has been sought by the Member for Turkana County. We have had several petitions about human-wildlife conflict in areas where we have wildlife, the ocean, lakes and forests. We have listened to several stakeholders and I have observed one pattern. The civilian staff of KWS are concerned and empathise with the public on the i…

Thank you. Is Hon. Mbiuki or any Member of the Departmental Committee on Tourism and Wildlife in the House? I would like to order that this Statement be processed jointly by the Departmental Committee on Regional Development and the Departmental Committee on Tourism and Wildlife and bring a response to the House in two weeks. Let us have the Member for Malava.

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the alleged shooting of Ms Salome Makanda by a Kenya Police Service officer. On 8th October 2024, Ms Salome Makanda, a second-year student at Bungoma National Polytechnic of ID No.41…

The Chairman of the Departmental Committee on Administration and Internal Affairs, this is a very straightforward request. I am sure you have listened to it. How soon can you respond?

Hon. Temporary Speaker, considering that the House is proceeding for recess, please give us two weeks. Should I get a response before then, I can as well furnish the concerned Member.

Liaise with the Member.

I would like to respond as directed by the Speaker yesterday. The Member for Kilifi South, Hon. Ken Chonga had requested a Statement regarding the eviction of Mr Kea Rimba Gona family from land registered LR No.MN11783 by Mahmoud on 11th October 2024. The Member, specifically, wanted to be informed on the following:

Hon. Chonga, you have heard the response? Go ahead.

Thank you, Hon. Temporary Speaker. I am aware about all that has been presented. I want this House to know that this is a family which has lived there for over 60 years, and they have been burying their dead on the two acres they had been allocated by the old Mohamed Abdulla Mohamed. As I stand here now, it is already on record that they have a four-month-old dead body at the Coast General Teachin…

That is very well said. This is a straightforward matter. It would be okay if the Chairman could help Hon. Chonga and his constituents get the body buried. As for now, I do not know what you would want to say about that as Parliament.

Firstly, I appreciate and acknowledge that the Member of Parliament is in agreement with the response. You, being a lawyer, and to a bigger extent, this is a land issue, as indicated, it is a live case in court. The role of the Ministry of Interior and National Administration is very minimal. The bigger thing is that it is a land question. This scope can go beyond the Ministry's scope, possibly in…

Hon. Chairman, the Ministry of Interior and National Administration will have a role to play if there is no order barring the burial and someone stopping the burial. Hon. Chonga says that there is no court order barring the burial. You need to get the facts there clearly, such as if someone may be using the police to stop a burial that has not been stopped. The Committee will have to come in and h…

Thank you, Hon. Temporary Speaker. I rise to make a Statement regarding the demise of the former Member of Parliament for Bonchari Constituency, Hon Zebedeo Opore. Hon. Temporary Speaker, pursuant to the Provision of Standing Order 25 (9d) (2a) I rise to pay tribute to the former Member of Parliament for Bonchari Constituency, the late Zebedeo John Opore, who passed away this morning at the age o…

political journey, he demonstrated unshakeable commitment to his constituents, by championing their interests both in and out of Parliament. He was an astute legislator whose contributions to Parliament and its committees were invaluable. He served as an Assistant Minister in the Ministry of Information and Broadcasting, showcasing his expertise and dedication in public service. In recent years, …

Hon. Osoro.

Thank you very much, Hon. Temporary Speaker. I join the people of Bonchari Constituency, the larger Gusii region, Hon. Donya and Hon. Onchoke, in condoling with the family of the Hon. Zebedeo Opore. Just about 30 years or so ago, Bonchari Constituency and South Mugirango was one Constituency which used to be called Wanjare South Mugirango. Then, because of the expansive nature of the Constituency…

Is it true that he left in 2013?

No. Sorry, he left in 2017, making it three terms. It is a great loss for Kisii. If you remember about a month ago, we were again in this House mourning another great son of the soil, the Hon. Ogari, who passed-on almost in similar circumstances. Gusii nation is mourning. Losing such great sons of the soil, people that we used to garner wisdom from, is something that is very devastating. To me in…

The daughter is not dead.

No, I am just saying this because I have talked to her and she is really down. That is why I am saying there is such connection of emotional transfer, which is very magnetic. To the family, the great people of Bonchari Constituency, Hon. Onchoke and Hon. Donya who comes from Bonchari Constituency, we join you in mourning Mzee and may his soul rest in eternal peace. Thank you.

Hon. Members, I will give three Members two minutes each, for a chance to speak. Hon. Onchoke!

Thank you, Hon. Temporary Speaker, for the opportunity you have given me to mourn the death of Hon. Zebedeo Opore. It is so personal to me, that I am lost for words. The late Hon. Opore is my uncle and I was there the very first time we met in Parliament.

He is somebody I have worked with for many years. As young people, he was a big inspiration to us, as one of the first people from our community to go to university. Many of us wanted to grow and become like Hon. Opore. He suffered for many days in the last past years. He had this illness that finally caused his death. It made him to be taken to India for treatment and then he came back. He was ta…

Hon Melly, you wanted to say something on this subject.

Thank you, Hon. Temporary Speaker. I join my fellow Members of Parliament in mourning the late Hon. Opore, whom we served together in the 12th Parliament and in the Public Accounts Committee. He was a great debater and a very calm Member. More importantly as said, he had a lot of concern for his family and his people of Bonchari. As the Members who served with him, we pay tribute to the Bonchari p…

Hon. Mogaka.

Thank you so much, Hon. Temporary Speaker, for allowing me to also shed my tears in honour of Hon. Zebedeo John Opore. Hon. Opore was one seasoned politician who helped Bonchari secede from the then Bonchari South Mugurango. He was my friend and I was one of those who participated in his first entry into Parliament. I also remember his major contributions when he was one of the top managers at the…

Hon. Pukose.

Hon. Temporary Speaker, I want to join the Kisii fraternity, and specifically the constituents of Bonchari, in sending my condolences to the family, friends, and neighbours of Hon. Zebedeo Opore. I served with him in the 11th Parliament. Poleni sana for the loss of Hon. Zebedeo Opore this morning. I am informed that he had been sick for quite some time. Unfortunately, this has happened. May his s…

I knew Hon. Opore. He was a gentleman and an old man of the House. Let us observe a moment of silence.

[(The House observed a moment of silence)]

May the Lord rest his soul in eternal peace. Next Order.

Hon. Temporary Speaker, I beg to move that the Land Control Bill (National Assembly Bill No.39 of 2023) be now read a Second Time. For the record, this Bill was published in 2022. It was first read in February 2022, but as was the case, it lapsed due to the end of the term of the 12th Parliament. I want to take this opportunity to sincerely thank the two Committee Chairpersons, both in the 12th a…

In hindsight, Parliament set up the Land and Environment Court, where a number of cases under consideration emanated from decisions or actions of the land control boards. As of 28th April 2016, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development, responding to complaints by the general public with regard to widespread corruption in the land sector and abuse of issuance of …

of the Committee. We have had a discussion at length with the Departmental Committee on Lands and, therefore, the proposal to include the sub-county administrator has been dropped for purposes of increasing local representation. The Committee will have two persons, one being a man and one a woman, aged 60 years and above, for purposes of institutional memory. Many of us have grown up in rural are…

[[The Temporary Speaker (Hon. David Ochieng’) left the Chair] [The Temporary Speaker (Hon. Farah Maalim) took the Chair]]

ask the members to listen to their case and arbitrate, so that they do not have to waste a lot of time and money going to courts. I am also proposing that the Committee be granted powers to undertake fact finding and evidence gathering in matters covered under the Law of Succession, the Environment and Land Court Act, the Land Registration Act, the National Land Commission Act, and the Land Act u…

matters relating to land management, law, community service, dispute resolution or physical planning. We are now putting a capping on the length of time the Land Control Appeals Committee shall dispose of an appeal. An Appeals Committee shall hear and determine an appeal within 30 days of its lodging. Part IV is on miscellaneous provisions. The same applies to Part V, which relates to provision …

Professor Jaldesa.

Thank you, Hon. Temporary Speaker. This is a very important Bill. Land is a very emotive matter. We would have made a breakthrough the moment we decide to support putting management of land issues in the hands of locals. For that reason, I support the Bill.

Fair enough. Member for Westlands, Hon. Tim Wanyonyi.

[(Question proposed)]

Thank you, Hon. Temporary Speaker. I want to add my voice on this debate. We all remember the land control boards. They are the genesis of many land ownership disputes in this country. Families have been disinherited. Land has been taken away or sold without families being aware. Creating these committees at the constituency level will provide local solutions right at the grassroot-level. They wil…

Hon. Eve Obara.

Thank you very much, Hon. Temporary Speaker. At the outset, let me thank Hon. Oundo for his very elaborate explanation on this Bill. Of course, we all know that this is his area of specialisation. He has mentioned the principal object of the Bill. It is to repeal and replace the Land Control Act, Cap 302 to align it with the Constitution of Kenya 2010 and the provisions that govern dealings in ag…

save situations that disinherit families. This Bill will take care of all previous ills without promoting favouritism. Previously, we have seen blatant theft of land in communities. Land has been stolen from families. Heads of families have probably sold land without the knowledge of their families, wives and children. Without mentioning names, an issue arose recently in the House. A family appea…

Member for Nairobi City County.

Thank you, Hon. Temporary Speaker. First, as a Member of the Departmental Committee on Lands, I congratulate Hon. Oundo for moving the Land Control Bill, 2023. Hon. Temporary Speaker, I rise under Standing Order 35 to bring to your attention the fact that the House has no quorum. We do not have enough Members in the House yet we are dealing with weighty matters. This debate deserves the presence …

Indeed, as you put it, there seems to be no quorum. Therefore, I can only direct that the Quorum Bell be rung for 10 minutes.

[(The Quorum Bell was rung)]

If there are Whips in the House, please, go out and whip Members to come back to the House.