Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1268269,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1268269/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Marakwet West, Independent",
    "speaker_title": "Hon. Timothy Kipchumba",
    "speaker": null,
    "content": "We face challenges. For example, under the NG-CDF, we are advised that you cannot allocate money to purchase land if that school has no title deed. We have challenges in addressing such critical areas. I agree absolutely with you that in as much as we have this kind of legislation that purports to provide for property rates, we will experience challenges in areas that are not adjudicated. That is why we call upon the Departmental Committee on Lands to fast track land adjudication in this country and issue title deeds. The Vice-Chairperson is here. Where I come from, I argue that the biggest challenge that we have in armed conflict in our region is because there is no absolutism in property ownership. Land is communal but it is also not listed under the Community Land Act. If land was registered under the Community Land Act, then it could provide some form of ownership. If the Government is intentional in providing permanent solution to conflicts, then it should provide absolutism in property ownership, so that each person has a title deed of his property. In case of any attacks, an individual will protect his parcel of land. If those people want to acquire securities to get loans in banks, it can assist them. I call upon the Committee to fast track this process. Even if you pass this legislation in this House—I pray it passes because it is good—it will not be applicable to areas that have not been adjudicated and do not have title deeds. When it comes to the application of that law, that is the biggest weakness. Hon. Temporary Speaker, almost 60 per cent of the owners of land in this country do not have ownership documents. They just demarcate and say this is their land but they do not have title deeds. This means that this law will apply to a section of this country but not the entire country, as envisaged by this particular legislation. That is a weakness that we must address. Secondly, you have raised a very fundamental issue. Article 191 of the Constitution talks about the issue of county governments making laws. We do not live in isolation. The boundaries that were created under the Constitution 2010 have been effective for 13 years and are new. They separated communities that enjoyed certain cultural practices and rites. A particular county may pass a legislation that is offensive to another area. We should encourage cross-border legislations, especially on counties that share similar ideals. I understand Standing Orders of most of the county assemblies provide for joint sittings between county assemblies of different county governments. I encourage them to sit down and think of cross-border legislations, so that we have uniformity in legislations. Hon. Temporary Speaker, from 2010 to the current position, there has been a rush to make legislations to effect the Fourth Schedule of the Constitution on devolved functions. However, these laws are a duplicate of other laws of the other county governments. There is a lot of copying and pasting by a certain county to make a law because the Constitution provides that a function is devolved. I will give an example on liquor licensing. Different county governments have different legislations on that subject. Whereas we have the famous Mututho law, when it comes to the interpretation by the courts of law, these are two conflicting pieces of legislation. One is a national law that is in existence and was in existence before the coming of the county governments. Secondly, we now have the county governments which come up with legislations on the same subject matter. When you go to court, there is a problem in interpretation. The Constitution of Kenya devolved law making function to county governments. It is an area that we need to review. We need to re-look at that issue in our Constitution. We should agree that if the national Government has come up with a specific legislation, then there is no need to truncate it further to provide for other provisions which offend the national law. In my submission, my position and opinion are that the matter has not been fully adjudicated. If a matter is devolved and Senate, which exists to protect the interests of the county governments, proposes a certain Bill which is enacted procedurally, and then the county government makes a law on that particular subject matter, then the national law prevails. 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."
}