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{
"id": 1146358,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1146358/?format=api",
"text_counter": 207,
"type": "speech",
"speaker_name": "Narok North, ODM",
"speaker_title": "Hon. Richard ole Kenta",
"speaker": {
"id": 420,
"legal_name": "Richard Moitalel ole Kenta",
"slug": "richard-moitalel-ole-kenta"
},
"content": "Just to give a background, the Petition was made by Phillip Njuguna on behalf of the Kandara Residents Association regarding regular renewal of leases by Del Monte Kenya Limited that was presented to the House on 11th June, 2019. The Petitioners claim to be the original owners of the land presently occupied by Del Monte Kenya Limited but were illegally displaced and the land leased to the company. They were aggrieved that Murang’a County Government had renewed the leases of the company without first involving the public, as required by Section 13 of the Land Act, 2012. They also claimed that the county government disregarded the determination of the National Land Commission (NLC) rendered on 7th February, 2019, in their historical injustice claim filed with the Commission. So, this is about historical land injustices. In a Gazette Notice No.1995 of 2019, the NLC directed that the land held by Del Monte Kenya Limited should be resurveyed to establish if the company owned land that it is not registered to have. The surplus land, if any, was to be surrendered to the Kandara Residents Association and the county government for a public purpose in the ratio of 70:30 respectively. Where no surplus land was found, the County Government of Murang’a should retain adequate land for the settlement of the claimants and for public purpose upon expiry of the leases. The Commission also directed that Del Monte Kenya Limited should surrender all public utilities within the land in question to the relevant national and county government agencies, whether the leases have expired or not. The Departmental Committee on Lands in its Report tabled on 21st November, 2019, recommended the Director of Survey, Ministry of Lands and Physical Planning to resurvey the land held by Del Monte Kenya Limited in Murang’a and Kiambu Counties. The Committee also recommended that the NLC investigates the circumstances under which L.R Nos.10862, 10741, 11312, 2953, 4873 and 11146 that were said to have been surrendered to the Government by Sassa Coffee and Rappit B were irregularly acquired by Del Monte Kenya Limited. The Select Committee on Implementation commenced to apprise itself on the implementation status of the matter and invited the Cabinet Secretary for the Ministry of Lands and Physical Planning and the Chairperson, NLC to a meeting on 27th October, 2020, 14th April, 2021 and 29th July, 2021, respectively. The Committee also received written submission by the Cabinet Secretary for the Ministry of Lands and Physical Planning on 2nd August, 2021. Kandara Residents Association also made a written submission on 7th October, 2021. To give the implementation status of the recommendations, on the recommendation that the Director of Survey, Ministry of Lands and Physical Planning resurveys the Land held by Del Monte Kenya Limited in Murang’a and Kiambu Counties; the Committee notes that this has been implemented. However, the Committee was not satisfied with the Ministry of Land and Physical Planning’s submission that Del Monte Kenya Limited does not hold excess Land. On the recommendation that the NLC investigates the circumstances under which L.R. Nos.10862, 10741, 11312, 2953, 4873 and 11146 that were said to have been surrendered to the Government by two companies, namely Sassa Coffee and Rappit B Limited were later irregularly acquired by Del Monte Kenya Limited, the Committee notes that this has not been done as the Ministry of Lands and the NLC submitted that due to passage of time, it had not been able to unearth how the Company acquired the land. The Committee notes that there were no sufficient records on how the transfer of the land to Del Monte Kenya Limited in 1973 was carried out. The Committee, therefore, notes that this land ought to be public land. The Committee, following the observations made after deliberations on the implementation status, makes the following recommendations, that:- 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."
}