Parliament

All unlisted and unregistered land will be handed over to the county governments if the Community Land Bill is passed in parliament.

The bill seeks among other things, to end community conflicts resulting from land disputes.

The country has in the past, witnessed the death of hundredsof Kenyans after communities clashed over community land that is unregistered.

See The Loss Kenya Has Reportedly Incurred Following Ethnic Violence in 2015

The bill will place such land under the county government and communities claiming the right to the land will have to apply to the relevant county executive for registration.

Under the new law, the County Government will be prohibited from disposing the land, either by selling it or allocating it to individuals.

The land will be managed by an established land management committee, The Star reports.

The bill is one of 15 legislations that were expected to have been passed and enacted before the anniversary of promulgation of 2010 Constitution marked on August 27.

See This is Why Parliament Could Be Dissolved in the Next 19 Days

National Assembly Majority Leader Aden Duale recently said Parliament will not meet the August 27 deadline.

Members of Parliament have since asked for the deadline to be postponed.

According to Capital Fm, the request to seek the three-month extension came after the Constitutional Implementation Oversight Committee wrote to the House leadership expressing concern that the Cabinet, Attorney General and Commission for the Implementation of the Constitution had delayed in transmitting the Bills.

The constitution gives MPs the authority to shift the constitutional deadline if they pass a resolution supported by a two-thirds majority.

Parliament could find itself dissolved in 19 days for failing to pass some crucial laws.

The 19 days will usher in the 5th anniversary of promulgation of 2010 Constitution marked on August 27.

It was expected that by then, parliament should have debated and decided on some important legislations.

As it is, there are 28 pieces of legislations at various stages of preparation which must be passed by August 27 failure to which a process to dissolve Parliament can commence.

Some MPs as well as stakeholders involved in the execution of such legislations into law have already said the house cannot meet the deadline.

Speaking to The Standard, National Assembly Speaker Justin Muturi said the deadline will have to be pushed.

Attorney General Githu Muigai on his part said he dropped the all the necessary draft Bills to the offices of Majority Leaders of the National Assembly and Senate in good time, and that it was now up to parliament to ensure it beat the deadline.

The constitution provides for any individual to petition the High Court on the matter, should parliament fail to meet the deadline.

The same constitution, however, gives MPs the power to extend the deadline.

Law Society of Kenya remains optimistic that parliament could meet the deadline, but are worried that the quality of some of the laws passed hurriedly could be compromised.

Some of the important bills that are yet to be passed are the ones touching on land and one-third gender rule.

Both, especially the latter, have in the past caused a stir with the MPs as well as the general public.

The two houses-Senate and National Assembly- are currently on recess.

They resume sitting on August 18 leaving only 9 days to beat the August 27 deadline.

A Member of Parliament yesterday made a request to the Budget and Appropriations Committee that will see all MPs who have ever held office get a tax free pension of Sh100,000 each month.

Kanduyi MP Wafula Wamunyinyi said he had been set by retired MPs to push for an amendment to the Parliamentary Pensions Act, to allow MPs awarded the pension after leaving office.

The pension will be enjoyed by all MPs regardless of the number of terms one became a legislator.

Should the request be approved, Sh37.1 million will be used to cover the pension of at least 371 MPs who have ever held the position.

The constitution currently allows for pension to be awarded to only legislators who have served for two terms.

Wafula now wants the pension given to even those who served for one term.

According to The Standard, former MPs have been fighting for the demand in court.

Wafula urged sitting MPs to consider the amendment as it would be beneficial to them once they retire.

Members of Parliament have accused the Kenya National Examination Council (KNEC) of going against the government’s order of removing fees charged before registering students for exams.

Speaking in parliament, MPs Johnson Sakaja, David Ochieng and Emmanuel Wangwe said that KNEC had issued a circular to headteachers on July 10, demanding that they charge fees for any changes on KCPE and KCSE registration forms.

The headteachers are reportedly supposed to charge Sh500 on name changes and Sh 3,000 for subject reviews.

The legislators claimed it is a council’s crafty way of charging registration fees.

This goes against the government’s directive to schools to cease imposing such fees on their candidates.

Early this year, the government said it would pay registration that it would pay examination fees only for candidates in schools that are receiving free primary and subsidized secondary education funds.

A man has moved to court to demand that positions be given to transgender people in the National Assembly.

According to The Standard, Solomon Michira filed a case at the High Court in Nairobi, seeking to stop the implementation of the two third gender rule until transgenders are given a slot in Parliament.

In his suit, Michira argues that the constitution does not define gender as 'just woman and man.'

Rather, he says the term includes hermaphrodites or a third gender.

He added that the two gender rule should consider transgender people who haven’t been recognized, yet live in the society.

Transgender has been defined as the state of one's gender identity or gender expression not matching one's assigned sex.

In some countries especially those in the West, they fall in the LGBT (lesbian, gay, bisexual, and transgender) community.

The two-thirds gender rule is a constitutional requirement stating that no more than two thirds of elective and appointive bodies are composed of the same gender.

It is yet to be implemented in the country.

See AG and CIC on the Spot For Delayed Implementation of Gender Bill

Many take the gender rule to mean that more than two thirds of the elected and appointed positions should not be filled with only men or women.

It has been used in the past to champion for more positions for women.

The gender rule has not provided for positions for transgender people.

See We Cannot Change Name on Transgender's Papers, KNEC

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