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{
    "id": 1091704,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1091704/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Sen. Halake",
    "speaker_title": "",
    "speaker": {
        "id": 13184,
        "legal_name": "Abshiro Soka Halake",
        "slug": "abshiro-soka-halake"
    },
    "content": "Thank you, Madam Temporary Speaker. As you know I am passionate about this. The idea that the Government can wake up one day and convert community land into public land is unacceptable. This is what has been afflicting us in Northern Kenya. This is wrong. If the land was private land, not only would they have done public participation, but also paid for every inch of it. Who was compensated for this land? The fact that communities own their land does not mean that the land is free for the Government to grab. The Government is becoming the number one grabber of land from our communities. This is what has afflicted communities in Northern Kenya that have communal lands. It is scary to find this in parts of the country that were a bit organized. Article 61 and 40 of the Constitution of Kenya states that public, private and community tenure are distinct, but equal in force. We cannot say that public land is more equal than the other. Our Constitution deliberately distinguishes between community land and titles because it appreciates that we are equal in legal force and in effect, socially collective tenure as special demands different from where an individual owns land and also different from cooperate tenure which falls under private. Section 5 of the Land Act, 2012 on Customary Tenure is clear. The Community Land Act of 2016 on the inclusion of customary rights is also clear. Therefore, the rights of the people of Webuye have been denied and their land has been grabbed. This trend is scary. This is because the Government only needs to wake up one day and gazette without consultation, payment or any form of respect to the communities and their ancestral land. Madam Temporary Speaker, if this House is to be respected, we must bring back the sanctity of community land in the country. This is because our Constitution has deliberately made sure that it is equal in effect, tenure and every aspect. Communities are being disenfranchised through grabbing of land by the people that are supposed to enforcing the rule of law."
}