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Hansard Report Is for Information Purposes Only June 18, 2020 NATIONAL ASSEMBLY DEBATES 1 PARLIAMENT OF KENYA THE NATIONAL ASSEMBLY THE HANSARD Thursday, 18th June 2020 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS COMMUNICATION FROM THE CHAIR Hon. Speaker: We will come to it later. PETITION MAPPING, DEMARCATION AND DEGAZETTEMENT OF LAND WITHIN KODERA FOREST Hon. Speaker: The Member for Kasipul, Hon. Ongondo. Hon. Charles Ongondo (Kasipul, ODM): Thank you, Hon. Speaker. I wish to present Public Petition No.13 of 2020 regarding mapping, demarcation and degazettement of land within Kodera Forest in Kasipul for the settlement of the community living along God Agulu and Lidha Beats. I, the UNDERSIGNED, on behalf of the residents of God Agulu and Lidha Beats within Kodera Forest Zone in Kasipul Constituency, Homa Bay County, wish to draw the attention of the House to the following: 1. THAT, Article 27 of the Constitution provides that every person is equal before the law and has equal protection and benefit of the law; 2. THAT, Article 61(1) of the Constitution provides that all land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals; 3. THAT, in 1950, following an outbreak of a skin disease and river blindness caused by unknown insects living in Kodera Forest affected many people living along Awach River, the then South Nyanza County Council engaged residents and agreed that they vacate the land, allow the trees along River Awach to be cut down and the region be sprayed with insecticides so as to kill the deadly insects; 4. THAT, prior to vacation of the land, representatives of the affected community and the then South Nyanza County Council agreed on the boundaries of the land to be vacated by the people and in 1956 the Council cut down indigenous trees at God Agulu and Lidha Beats and planted exotic trees believed to contain poison against the deadly insects; Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. June 18, 2020 NATIONAL ASSEMBLY DEBATES 2 5. THAT, in breach of the agreement on the boundaries for forest land and settlement as was agreed upon in 1950, the South Nyanza County Council planted trees well beyond the area vacated for forest cover and stretched into land that had been reserved for settlement of the community; 6. THAT, according to records at the Lands Registry, Kodera Forest covers an area of 1,715 acres and the community is claiming 10,100 acres of unplanted zone of land in God Agulu and Lidha Beats within Kodera Forest; 7. THAT, contrary to Article 40 of the Constitution, the Kenya Forest Services established its offices on the disputed section of the land and proceeded to plant exotic trees thereby denying members of the community their inalienable right to ownership and occupation of ancestral land in God Agulu and Lidha Beats; 8. THAT, from 1957 to date, attempts by the community, through its representatives, to engage the administration, including the then South Nyanza and Homa Bay County councils, the Kenya Forest Services and the Ministry of Lands through correspondences and visits to the said offices to resolve the dispute have never been successful; 9. THAT, the issues presented in this Petition are not pending before any court of law, constitutional or legal body; THEREFORE, your humble Petitioners pray that the National Assembly through the Departmental Committee on Environment and Natural resources- (i) investigates with a view to resolve the issues relating to allocation of land located in God Agulu Beat and Lidha Beat within Kodera Forest. (ii) recommends that pursuant to Section 34 of the Forest Conservation and Management Act, 2016, the Cabinet Secretary responsible for environment initiates the process of de-gazetting 10,100 acres of land in God Agulu Beat and Lidha Beat within Kodera Forest, with a view to allocating that land to the community living along God Agulu Beat and Lidha Beat in Kasipul. And your PETITIONERS will forever pray. Thank you. Hon. Speaker: Well, the Petition is referred to the Departmental Committee on Environment and Natural Resources to deal with it in terms of Standing Orders No.226 and 227. Let us move on to the next Order. PAPERS LAID Hon. Speaker: Is there anything from the Leader of the Majority Party? Hon. Aden Duale (Garissa Township, JP): No, Hon. Speaker. Hon. Speaker: There was an indication that there were some documents. Hon. Joseph Limo (Kipkelion East, JP): Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of the Departmental Committee on Finance and National Planning on its consideration of the Finance Bill (National Assembly Bill No.10 of 2020). Thank you, Hon. Speaker. Hon. Speaker: Very well. The Leader of the Majority Party, you have the Floor. Hon. Aden Duale (Garissa Township, JP): Hon. Speaker, I beg to lay the following Paper: Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. June 18, 2020 NATIONAL ASSEMBLY DEBATES 3 Annual Status Report on Water, Sanitation and Irrigation from the Ministry of Water, Sanitation and Irrigation pursuant to Article 153(4)(a) and (b) of the Constitution. It should be referred to the Departmental Committee on Environment and Natural Resources. Thank you, Hon. Speaker. Hon. Speaker: Very well, it is accordingly referred. Chair of Committee on Health or Member of the Committee. Hon. (Ms) Mercy Wanjiku (Kasarani, JP): Hon. Speaker, on behalf of the Chair of the Committee on Health, I beg to lay the following Papers on the Table of the House: Report of the Health Committee on its Consideration of – (i) The Health (Amendment) Bill, 2019; and, (ii) The Cancer Prevention (Amendment) Bill, 2019. Thank you, Hon. Speaker. Hon. Speaker: Very well, let us have Hon. Limo. Are there Notices of Motions? There is none. Leader of Majority Party, are you tabling the report? Very well. Later on. Next Order. QUESTIONS BY PRIVATE NOTICE Question No.006/2020 RESTORATION OF POWER IN PATE ISLAND Hon. (Ms.) Ruweida Obo (Lamu CWR, JP): Thank you, Hon. Speaker for giving me an opportunity to ask the Cabinet Secretary for Energy the following Question: (i) What steps has the Ministry taken to restore power in Pate Island of Lamu County, which has been without power since 16th June 2020? (ii) When is the Ministry replacing the three non-functional power generators that serve the Island and put in place a long-term solution to the power supply in the Island? (iii) Could the Ministry consider compensating households in Pate Island for the loss of electrical gadgets and equipment, medical drugs and foodstuffs as a result of lack of electricity? Thank you, Hon. Speaker. Hon Speaker: Is the Chairman of the Departmental Committee on Energy, Communication and Information in the House? This is a Question by Private Notice and should be responded to by Tuesday. You can see the nature of the issues raised. Since the Chairman is not present, it will go through the Leader of the Majority Party. Next is an Ordinary Question by the Member for Kasipul, Hon. Were. Question No.059/2020 IMPLEMENTATION OF GAZETTE NOTICE NO.5853 ON ESTABLISHMENT OF SUB-LOCATIONS IN NYALENDA LOCATION Hon. Charles Ong’ondo (Kasipul, ODM): Hon. Speaker, I beg to ask the Cabinet Secretary for Interior and Coordination of National Government the following Questions: Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. June 18, 2020 NATIONAL ASSEMBLY DEBATES 4 (i) Is the Cabinet Secretary aware that Oyugis Town Location in Kasipul Constituency has a chief with no substantive assistant chief and sub-location as envisaged in its administrative structure of having a sub-location considering the huge population in Oyugis Town? (ii) Could the Cabinet Secretary provide a status report on implementation of Kenya Gazette Notice No.5853 of 21st June 2017 on the establishment of the following sub-locations in Nyalenda Location: Nyalenda West, Nyalenda East, Kaluoch, Nyanjwa, Kachieng South, Kagola Kasire Kogelo and Kopiyo Kalanding sub- locations as administrative and service delivery coordination units in Kasipul Constituency? (iii) What steps has the Ministry taken to ensure that personnel are substantively appointed to the administrative units and staffed to ensure stability and security within the constituency? (iv) When will the Ministry provide a vehicle to Kosele Police Station, which covers Rachuonyo South Divisional Headquarters in Kasipul Constituency, for their operation considering that lack of transport for movement of security equipment and personnel adversely hinders service and emergency service delivery? I thank you, Hon. Speaker. Hon. Speaker: The Question is referred to the Departmental Committee on Administration and National Security to get a response for the Member. Since I do not see the Chair of that Committee in the House, the request should be forwarded through the Office of the Leader of the Majority Party. The Questions by Hon. Olago Aluoch, Member for Kisumu West Constituency, and Hon. Christopher Nakuleu, Member for Turkana North, are deferred at the Members’ requests. Question No.064/2020 OPERATIONALIZATION OF ADMINISTRATIVE UNITS IN KISUMU WEST CONSTITUENCY (Question deferred) Question No.067/2020 INCREASED CROCODILE ATTACKS ALONG LAKE TURKANA (Question deferred) REQUESTS FOR STATEMENTS MISMANAGEMENT AT KENYA UTALII COLLEGE Hon. Tom Odege (Nyatike, ODM): Hon. Speaker, pursuant to Standing Order No.44(2) (c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Sports, Culture and Tourism regarding mismanagement and gross malpractices at the Kenya Utalii College.
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