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{
    "id": 119113,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/119113/?format=api",
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    "content": "Now, therefore, in exercise of powers conferred by Section 187 of the Agricultural Act, and after consultations with the District Agriculture Committee, I hereby order and direct that as from 10th February 1965, the holding shall be subject to the provisions of Sections 187 of the Act and be occupied and managed by the Minister for Agriculture.” Now, in those days, it was impossible to have land really lying idle in those prime areas. It was impossible because even in the sugar zone in Nyanza, I have come across many of these management orders, some of which were contested in the courts. However, after 1970, there was a frenzy of giving this land as reward to people who were not using the pieces of land for the purpose for which they were meant to be used because they were leases. If you read those leases, they are for agricultural purposes because they are Government land. Because the leassees were not using the land, squatters then settled there. The same pieces of land were never interfered with by squatters in the early days of Independence, because every farm was put into proper use and was cultivated. Mr. Deputy Speaker, Sir, so what we are saying is that what was the law at that time and what exists in terms of the Agriculture Act for a modern economy today is insufficient, and we must have a regulatory framework to ensure that land is put to proper use. There is a question which has brought a lot of controversy on taxation. You will find in this land policy, we are not fixing any land ceiling. We are not saying that you are not allowed to own 10,000 or 100,000 acres but if it is public land - land that you are given by the Government to farm and you are not using it - then you will be taxed. I can tell you that if you go to Lamu, Kilifi and hon. Rai’s constituency, there are large tracts of land that are just lying idle and they are in the names of individuals or companies, but they are not using it for anything. We are saying that according to this policy, we are not going to expropriate that land. What we are going to tell you is that you put it to good use; but if you cannot do that, then we are going to tax you because it is public land. If you do not want that land to be taken and given to somebody else, then we are going to tax you. I think that makes a lot of sense for those who fear expropriation of some sort or the other. Mr. Deputy Speaker, Sir, so in effect, what we are saying is that land should be put into productive use. We should have productive targets and principles. The land sizes also in some areas should be looked into. Then there should be restoration and conservation of land quality in areas where we need land reclamation, environmental issues and considerations and ecosystems that need protection like along the Tana Delta. It is important that we have a policy and legal framework that would enable us put land to proper use. Mr. Deputy Speaker, Sir, the third category of issues that the land policy is dealing with is land administration. This is where we are having a lot of problems. One, we need to modernize the statutes that we have today. For example, the title deeds that we have are statutory documents."
}