We demand a solution to Historical Land Injustice in Nyalenda Kisumu(alleged Prison Farms)

We demand a solution to Historical Land Injustice in Nyalenda Kisumu(alleged Prison Farms)

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Micah Magajia started this petition to Office Of The President Ministry Of Interior And Coordination Of National Government and

Today 4th Sept 2020 having received an eviction notice dated 1st Sept 2020 from the ministry of interior and coordination of national government the following undersigned Petitioners are Kenyan citizens and residents of Nyalenda exercising their sovereignty under article one of the constitution hereby present this Petition in the interest of members affected by the same
In addition we have other fundamental rights and freedoms under chapter 4 of the 2010 constitution on the bill of rights to do so key among them:

a)      Freedom of conscience, religion, belief and opinion;

b)      Including and not limited to articulation of Article 37 of the Constitution that confers every person the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

Being fully cognizant of these fundamental rights as persons and as community members of Kassagam Clan in Nyalenda , we hereby petition the below public authorities over alleged Contravention of Rights or Fundamental Freedoms under Articles 10, 25, 40, 47, 50 And 67 Of The Constitution as follows

a)    The National Lands Commission

b)   Office Of The President Ministry Of Interior And Coordination Of National Government

c)    The Ministry of Lands and physical planning

d)   The office of the directorate of public prosecutions

e)    The National assembly of Kenya

The 1st respondent

The National Land Commission was formed by an act of parliament (Act No. 5 of 2012) with the fundamental function of management of public land on behalf of the National and County Governments.  the 1st Respondent is mandated under Section 14 of the NLC Act to review all grants and dispositions of public land, either on its own motion or upon receipt of a complaint with a view to establish their legality or propriety.  That, in fulfilling this mandate, the NLC operates as a quasi-judicial body within the context of Article 169(1) of the Constitution.

The 2nd respondent

The Office of the President, Ministry of Interior and Coordination of National Government is charged with the responsibility of public administration, internal security where the prison service department belongs (alleged perpetrators of this historical injustice) 

The 3rd respondent

The Ministry of lands and Physical planning is tasked with responsibility of Physical Planning ,Land Adjudication and Settlement specifically ascertainment of land rights and interests, land consolidation and adjudication, Acquisition of agriculturally viable land for settlement of poor landless Kenyans, management of the Agricultural Settlement Fund, management of Group Ranches as well as Arbitration of Land disputes among others like Surveys,  Land Administration, Land Valuation, Land Registration

The 4th respondent

The office of the directorate of public prosecutions (ODPP) whose mandate is derived from Article 157 of the Constitution to institute and to undertake the prosecution of criminal matters and all other related incidents upholding, protecting and promoting human and constitutional rights.

The 5th Respondent.

The National Assembly of Kenya as the legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.

(2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.

(3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.

(4) Parliament shall protect this Constitution and promote the democratic governance of the Republic

We petition as follows

1.   That as the community around the alleged “prison lands” we demand that we be given land titles for all the parcels that had been allocated parcel numbers. Denying our people these titles has subjected them to undue economic disadvantages since they cant develop any meaningful ventures on these parcels for fear of eviction . This has in turn subjected them to a myriad of economic injustices and sabortage of some sorts. It defeats all logics why the government should deny us this fundamental right

2.   We demand full disclosure all information and documents related to the manner in which these lands exchanged hands from our fore family members to the prison department during the colonial times. We demanding this under the Access to Information Act 2016 which requires all Government agencies to make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest.

3.   Related to this we demand to know why these lands were never reverted back to the community members after the colonial occupancy ended

4.   Under the same act we demand to be furnished with full disclosure of the following

a)    Demarcation records  

b)   A clear copy of the gazette notice no 3400 of 1976 and the schedule being referred to in that notice       

c)    Aerial photos of the entire land in question dated back in 1976 when the legal notice above was issued.

d)   Green card

e)    Land adjudication record for these parcels in question  

5.   We also demand that the prison department or any other government department handling this matter to effectively engage our community on all matters and decisions that are of public interest and those that are going to affect them directly or indirectly

6.    Article 10 (2) a, b and c under the national values and principles of governance includes democracy and participation of the people; inclusiveness; good governance, integrity, transparency and accountability .The framework of public participation is further strengthened by Article 27 of the Constitution which guarantees equality and non-discrimination

Article 33 further states that public participation should respect the freedom of expression of all participants.

To the National Assembly we submit as follows

Article 119 of the constitution of Kenya 2010 confers upon every Kenyan a right to petition parliament to consider any matter within its authority, including to enact, amend or repeal any legislation that’s detrimental to the welfare of its citizens.

We therefore demand that parliament as the legislative arm of government and in exercise of the sovereignty of the people of Kisumu east and central constituencies should present, express and follow up this matter with all the relevant government agencies and provide the necessary oversight to ensure that the people get justice and that they deserve.

The signatures are hereby appended manually and electronically by way of online petition 

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