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{
    "id": 680631,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/680631/?format=api",
    "text_counter": 511,
    "type": "speech",
    "speaker_name": "Hon. Mwiru",
    "speaker_title": "",
    "speaker": {
        "id": 107,
        "legal_name": "Alex Muthengi Mburi Mwiru",
        "slug": "alex-mwiru"
    },
    "content": "We discussed Clause 7 of this particular Bill for many hours. We were looking at how members of a community are supposed to constitute a community assembly. Some of us were of the idea of involving the whole community in decision making. Others were of the opinion that it should be three-quarters of that registered community, while others were of the two-thirds proposal. We, therefore, agreed that we require about two-thirds to constitute community assemblies for purposes of serious decision-making. We had to introduce a new amendment to include not only through newspapers or radio of national circulation, but also to include vernacular or a particular language they understand in terms of giving notice as to when meetings are supposed to be held. In Clause 8, we amended (2) by inserting new words “in consultation with the county government”. Again, it is also good to note that in the Constitution, survey and mapping is a devolved function. Therefore, the national Government cannot purport to take the role of registration of any community land because survey and mapping will be needed. Therefore, the county government must be consulted for purposes of registration. That is why we amended that, so that the two levels of Government can consult and move together because one function is a subset of the other. Adjudication cannot be done without serious survey and mapping. Therefore being a devolved function, county governments are supposed to be involved. In the same clause, we are seeking to ensure that the inventory of community land is shared within the counties for ease of access by the community members. This is where community land has transcended two counties. Therefore, that information must be shared between those particular counties. Besides, the national Government, having the information or the inventory, the two counties must still share for purposes of cross-checking on what could be happening and what is the membership. We are amending Clause 17 in sub-clause (1) by deleting the words “not to require noting of the register” appearing in paragraph (d). Those words are not necessary because under Section 28 of the Land Registration Act, all overrunning interests are not noted on the register. Therefore, this was a repetition and it is not a requirement in the Land Registration Act. Therefore, it was not necessary to have it in the Community Land Bill because after registration, the title deed has to be issued to the community just like it is issued to individuals. Registration is registration. The title has to be issued to the community just as it is issued to individuals. The other affected clause is Clause 23, which has been amended in paragraph (b) by deleting the phrase “Section 22(2)” and substituting therefor the phrase “Section 21(2)”. There is always some human error when we do some things. This was a typing error. Therefore, we want to do some cross-referencing, so that we can refer to the right section of that particular Bill. Hon. Deputy Speaker, I am very grateful to your office. This Committee was very grateful to your office, the Office of the Speaker of the Senate and the Clerks of both Houses because the facilitation was super. We did not require any retreat."
}