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{
    "id": 119096,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/119096/?format=api",
    "text_counter": 437,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Deputy Speaker, Sir, I wanted to demonstrate, just by looking through this land policy--- If you look at the Constitution, you will find that the right to ownership or right to interest in land--- The way it is addressed in the Constitution--- If you look at the land policy itself from the Executive Summary in (ix) to paragraphs, 5, 7, 39 and 83, the focus is on protection of rights and interests over land. It is far above what you would find in the current Constitution. So, we combined this document in the sense that for those who own land or have interest in land, you are going to be able to enjoy rights over that land in a more secure basis than in the current Constitution. What is very new in this proposal is the question of radical title; that land belongs collectively to the people of Kenya as communities and individuals. So, communities and individuals are recognized. That creates the notion of imminent domain which exists in many jurisdictions. But in the Draft Constitution and this policy, you will see that issue being addressed, formulated or textualized on the basis that what is being provided for is radical title. Now, why is that necessary? We have a situation where many people are allocated public land in this country and are tenants or leaseholders of the State. The State, Government or the people of Kenya are the ones who own that land. When there are breaches or violations of the conditions which are set out in those leases by the State, you will find that the way the Constitution is worded currently, the public is put in a very weak position. How does the public get back public land that has been given to an individual, company or corporate body and that particular individual or corporate body has not used that land for that purpose? If you go to some areas in Lamu or in the Coast Province, you will find some individuals who have been given land for as long as 999 years or 1,000 years, and they have practically done nothing on it. In fact, they are in"
}