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{
    "id": 1022676,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1022676/?format=api",
    "text_counter": 301,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker. I want to contribute to this Report. I have looked at it carefully. On the face of it, this Report presents another very delicate issue, namely land for public purposes, that is for use by the Kenya Defence Forces, versus vested interest in private land. While that is on the face of it, it appears that there is more that is not on the face of it and does not come out clearly in the Report other than by latent inference. As Hon. Waihenya and others have mentioned, it appears that there are others who are interested in this land other than the KDF. Unfortunately, that does not come out very clearly in the Report. First, this was a 100-year lease that expired in 2003. When it expired in 2003, there is the principle of reversion. It reverted. The only question is: Does it revert to the county government or to the national Government? In 2003, there was no county government. At that time, there was the City Council of Nairobi which was under the Ministry of Local Government. That means that by law at that time, it reverted to the national Government. Let us be very clear before we debate this. In addition to that, when the new Constitution came into effect in 2010, anything that had reverted through the city council needed to be reclaimed by the county government. It may be very difficult. However, what is important for purposes of the Constitution is that even if it reverted to the county government or to the national Government, by application of Article 62, neither of them would be able to administer it. It can only be administered by the National Land Commission. To that extent, part of the Report states that the county government had gone ahead and started the process of allocating the land. That process was wrong. Having said that though, we must agree that once that land reverted, there can be no question of compulsory acquisition because you only compulsorily acquire what is held by The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}