Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 574290,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/574290/?format=api",
    "text_counter": 118,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "communities. I am glad that this Bill has come to confer specific status of ownership of that land to the communities who have a right to it and protect their rights. This is because the rights have hitherto not being protected. A community could own land today, but because it is not registered, they can be easily displaced by neighbouring communities or even the Government in some instances. The Government could take their land without compensation leading to displacement of communities, especially in the Arid and Semi Arid Areas (ASALs). When communities have to move to look for pasture elsewhere, by the time they come back they may not be assured that their land is safe. This Bill seeks to confer permanent ownership to the communities concerned. Mr. Speaker, Sir, this Bill also seeks to ensure proper utilization of the land where the communities will have to sit together and form committees to ensure that land is used in the most appropriate manner. This is because most of the area of trust land regime today is land that is available to everybody leading to mismanagement, overuse and particularly due to over grazing that has rendered such land fragile and the ecosystem almost destroyed. Over the years, the Government has tried to issue title deeds to individual owners. Despite all the efforts, the process has been very slow particularly in counties with trust land. I hope that when we enact this Bill into an Act of Parliament. The Government will put more resources into surveying and adjudication so that the owners of this land can own it immediately we enact this Bill. It will not be appropriate if after enacting the law, it takes another 30 or 50 years for the owners to get registration. I support this Bill but we should also realise that in some counties, trust land is in some people’s pockets. Perhaps not all the land in a particular county is trust land. It is very important that when committees are formed, whether at the county or national level, membership is drawn entirely from the area and the affected communities so that those who have no interest in that community land have no business being there. Mr. Speaker, Sir, I also note that county governments have been allowed to transfer community land. I think this item must be looked at and perhaps an amendment made. We cannot say that county governments should have the authority to decide for a community and transfer community land without the consent of the community. The National Land Commission (NLC) has been put there by virtue of the Constitution to ensure that it administers public land on behalf of county and national governments. Once delegation has been given by the county and national Government, the Commission cannot again delegate the same authority to the county government as contained in this Bill. I believe that at the appropriate time, this should be deleted so that the Commission takes the responsibility of ensuring that it performs all its functions without delegating backwards to county governments. With those few remarks, I support."
}