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{
"id": 1052136,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1052136/?format=api",
"text_counter": 137,
"type": "speech",
"speaker_name": "Makueni, WDM-K",
"speaker_title": "Hon. Daniel Maanzo",
"speaker": {
"id": 2197,
"legal_name": "Daniel Kitonga Maanzo",
"slug": "daniel-kitonga-maanzo"
},
"content": "to be a nursery school so that children do not travel far to school, you will find that the land is no longer available although initially it was allocated for that purpose. That is why the Physical Planning Act is coming in and the Registrar of Lands are strongly being given mandate, and they “shall”, meaning that it is mandatory for the Registrar of Lands to act as quickly as the National Land Commission does all the necessary requirements for that land to be allocated. So long as the Registrar of Lands has not issued a title deed, then the whole matter stays in limbo. The ownership of land is only proven by a title deed. If one has no title deed, they may never prove ownership of land. They may have to go to court to say, for instance, that they have occupied the land for 12 years without interruption and other sorts of things. So, this begs the question of what happens when public land is occupied, let us say, by squatters, people who have been affected by election violence or those who have just decided to move there out of one disaster or another. It also begs the question of what happens to wet lands, forest lands, eroded lands, riparian lands and those other public lands where one would not imagine that development can be done. How do you tie all these together? A lot of times, you will find that what was a forest has been developed and what was a wet land has been dried up and the land has already been reallocated. What happens to a land which was allocated for a school whether public or private school? If you are doing a new establishment like Konza City, and a private developer like Hon. Mbui here decides to invite other people to build the city, what does he do with the land he allocates for schools, supposed he builds private schools there which serve the same purpose of education? So, I still think that although this amendment has been proposed, at the Third Reading, we would be seeking to have a word with Hon. King’ara, so that we can expand it to take care of what happens when it is a private or a public school. Even when a private developer invites other people, he or she has to surrender some land. So, who does he or she surrender the land to, supposed he or she wants to use it for the same purpose? These are private people who intend to build private entities like schools and hospitals, to be utilised by the public. So, there are many questions which need to be answered. Land issue is very emotive in this country. Land is a very serious source of capital. Without land, you cannot achieve development or generate wealth. It is one of the key factors for generating wealth. We have this initiative of cities coming up like Tatu City and Konza City, and any other person can still come up with a new city somewhere. So, how do we deal with the land question here because if you take an example of Tatu City, it must have public utilities? Should they be public or private? That does not come out clearly. When Parliament passed Section 12 of the Lands Act, 2012, they did their level best at that particular moment, but things keep on changing on a daily basis. What we should be curing is land grabbing. When you allocate land for public utility and at some point you subdivide it further, you must be specific on the size of land that is needed for a school, university or, hospital. This is also dictated by the population around that area. So, I believe it is a good Bill, and I am sure it is open. Hon. King’ara is a very open-minded legislator, and I congratulate him. As a new Member, he has made an effort to amend the Act, and I believe in a lot of things in the Bill. I believe this is also happening in his constituency, and that has motivated him. While it assists his constituency, it is also going to assist the whole country. Thank you, Hon. Deputy Speaker."
}