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{
"id": 1415089,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1415089/?format=api",
"text_counter": 381,
"type": "speech",
"speaker_name": "Belgut, UDA",
"speaker_title": "Hon. Nelson Koech",
"speaker": null,
"content": "installations such as KOFC constituting lucrative targets. The security barrier also serves as a deterrent against encroachment and trespass into public land. Above all, it was and still is necessary to protect the public against the hazardous materials held by KOFC as well as provide safety against military training activities linked to the Defence Forces Recruits Training School. Fourth, what disciplinary and legal actions have been taken against the KDF officers involved in the alleged killings and maiming of residents in various incidences? According to the procedures under both Civil and Military Law (Penal Code Cap. 63 of the Laws of Kenya and KDF Act, 2012), when an incident is reported, the National Police Service is invited to conduct independent investigations. If any member of KDF is implicated, criminal or civil action is taken against them through a competent court of law. Further, the Military Police conduct parallel independent investigations and may recommend appropriate action in line with military disciplinary procedures applicable to anyone who is implicated. So far, no investigation has found any KDF officer liable. Fifth, when does the MOD intend to conclude the process of relinquishing the disputed portion of land to Kamagut and Buheba settlement schemes squatters and compensate the residents for the loss of their loved ones and livestock over the years? I beg to respond as follows. The Ministry avers that Eldoret military land was compulsorily acquired for National Security purposes and an allotment letter to this effect was issued for 6,379.07 Ha. Thereafter, out of the 6,379.07 Ha, two parcels were surveyed, these being the current location of KDF Recruit Training School, 9 Kenya Rifles Battalion and KOFC. Titles were issued for these parcels while the rest of the land was still under survey. The allotment letter to the Ministry of Defence has never been revoked. Despite the aforementioned, it is regrettable that trespass remains a major challenge, as evidenced by the latest fatal incident. So far, the only demand notice against MoD was by Mr. Oliver Kiptoo Samoei on behalf of his six-year-old son, the late Maxwell Kipchumba Samoei, who passed away on 20th July 2023. The matter is referred to the insurance firm contracted by KOFC. In this context and to prevent a recurrence, MoD and KDF through KOFC in liaison with national Government administration officers have enhanced community sensitisation about the risks associated with trespass into security installations and facilities. Whereas MoD is the rightful owner and lawfully in occupation of the land, the ownership is currently contested and is at present subject to active litigation by various parties as follows: 1. Eldoret Land and Environment Constitutional Petition No.7 of 2020 Leseru Tebeson Farmers Society versus National Land Commission (NLC), Chief Registrar Lands, MOD and Attorney General (AG). The Petitioner claims to have been allocated two parcels of land, for which they allegedly paid for. For the first allotment of about 807.44 Ha, they allege to have paid Kshs13,585,000 and Kshs11,826,210 for the second parcel as standard premium. They further claim that MoD surrendered 1579.02 Ha to settle landless persons and that is the same land they were allocated. They want the court to declare that Land References 27206/3 and 27206/4 which are designated as KOFC safety zones belong to them. 2. Environment and Land Court Case No.78 of 2019 Kiplombe Farm and 9 other Farms versus KDF, AG, NLC and three Others. The Plaintiffs lay claim to nine parcels of land now referred to as Kamagut and Buheba Settlement Schemes, which are currently inhabited by over 19,000 residents. They allege a lack of commensurate compensation by the State and they were not allocated alternative land. They also mentioned an alleged declaration by the late former President Daniel arap Moi regarding the return of the farms to the owners. 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"
}