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"content": "help thinking of a company that is jointly owned by foreigners and Kenyans who participate in this company as shareholders. We do not know under the land tenure that is being proposed, how that is going to be handled. It might be helpful to shed a little more light to that. The whole issue under paragraph 61(e); âto secure tenure to public land, the Government shall establish mechanismsâ. We are glad that this has been revised in the Sessional Paper. It is not exactly the phraseology that was in the earlier policy. I am glad to see it has been sanitized in this Paper. It seeks to establish mechanisms for the repossession of any public land acquired illegally or irregularly. This could be a minefield. This section proposes that all public land that has been illegally or irregularly allocated should be repossessed. That may be laudable and might even be encouraged. However, this House needs more guidance on how this repossession is to be done. If it is done wrongly or badly, it is fraught with difficulties and challenges. I think that, in a sense, is what we are witnessing right now in Mau Forest. This is a legal, social, political and practical minefield. Innocent buyers of such land and of land we are talking about, many times relied on valid title deeds issued by the Government of this Republic. How are they to be handled? How are they to be compensated? Many of the estates that we know and some industrial zones, were originally grabbed land, especially from the Kenya Railways. We find some of this in the Ndungâu Report. Most of that land has subsequently been sub-divided, houses developed and sold to other people not related to the grabbers. How should such situations be handled? This is a grave matter. While seeking to do right, we want to make sure that we do not open up difficult situations. It might be desirable to further outline the conditions and criteria for repossessing such land, and guide the National Land Commission to prevent it from being hampered from endless, legal and political situations such as we assume."
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