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{
    "id": 1048690,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1048690/?format=api",
    "text_counter": 28,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Mbito",
    "speaker_title": "",
    "speaker": {
        "id": 13225,
        "legal_name": "Michael Maling'a Mbito",
        "slug": "michael-malinga-mbito"
    },
    "content": "LR24/719. The said reservation was designated as an educational institution, specifically, the Kitale Primary School. The school has changed names overtime and also been identified as Kitale School and Kitale Academy for the last 91 years. The development plan of 1973 was approved by the Kitale Department of Urban Planning and the Commission of Lands, which reserved the said 55 hectares to the school, including all the land so grabbed by Mr. Nathaniel Tum. The school has reserved 30 acres of its land for the Secondary School and was commissioned in 1994. There is no Personal Development Plan (PDP) that shows that a new PDP was generated to replace the PDP issued to the school in 1973, so as to legitimize the title issued to Mr. Tum. There is no evidence to demonstrate that the Ministry of Education approved that the land allotted to the school for educational purposes be partly excised for private use by Mr. Tum. Between 1974 and 1978, part of the land, being public land, was surrendered for public use, and in particular, two hectares of school land was surrendered to the Kenya National Highways Authority (KeNHA), to improve the turn off to the Kitale-Webuye Road. In 1983, the school applied for allotment of land and title deed. During this period of applying for an allotment letter, the private developer, Mr. Nathaniel Tum, was the Chairman of the PTA at the Kitale Primary School and a member of the Board of Governors (BoG). He offered to help in the process of acquiring the title. The private developer, Mr. Nathaniel Tum, was at this time a trustee of the School, the School PTA and BoG. Mr. Speaker, Sir, the District Survey Department surveyed the land and after all the statutory requirements were completed, the school was allotted 41.2 hectares and a title deed issued in 2010. Mr. Nathaniel Tum, in breach of trust of the school, clandestinely applied for a private title from the land reserved as public land and was allotted four hectares and issued with a title deed in 1994. The Commissioner of Lands indicated that the land was unalienated and was Government land in issuing the Title Block 12/132 to Mr. Tum. Mr. Tum commenced his illegal alienation of the school property in 1998, whereby he fenced off part of the school farm that hosted the 4K Clubs demonstration plots and the Environmental Club. The survey plan that illegally grants Mr. Tum the disputed land has a land hook that indicates that the ownership of the school and Mr. Tum are the same. The said hook is illegal as it is not legally possible to have a land hook between private and public land. At the time of filing this Petition, Mr. Tum is adamant to alienate land belonging to the school and was on the school land with surveyors ostensibly erecting beacons and expressing his intention to fence off land grabbed from the school. The principal of the school, the school PTA and Board of Governors and the local church leadership, the Kitale School Alumni Society and the school community at large are seeking redress on the matter and the threat of encroachment on more land. Mr. Speaker, Sir, the school filed a complaint to the District Survey Department against Mr. Tum’s infringement on its land, which housed the girls’ dormitory, the sewage system near the boys dormitory and a site for tree nursery, where Mr. Tum The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}