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{
    "id": 1440014,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1440014/?format=api",
    "text_counter": 230,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker, for giving me this opportunity to say one or two words on the Senate amendments. I remember very well the acrimonious way we passed this Bill in this House in October last year when, together with other technical professionals in this field, we raised some far-reaching amendments that would have enriched the Bill. I am afraid that when it went to the Senate, they also failed to pick out the genesis and gist of the Bill. Nevertheless, what has come here is what we now have. We have to pass it and then indulge in any necessary amendments after the requisite time provided for in the Standing Order. I join the Committee in rejecting some of the amendments proposed by the Senate. They were done in ignorance, impunity or lack of due diligence on how rating and valuation for rating ought to be done in accordance with the international best practices. The Senate amendment to Clause 12 is unconstitutional because the mandate conferred on the National Land Commission by Article 67 of the Constitution is exclusive. That mandate cannot be shared by an amorphous body calling itself ‘Council of Governors.’ There is no way a body that has a passing mention in legislation can purport to share mandate with a constitutional commission. On that amendment, I totally disagree with the Senate. That also applies to Clause 20 and other clauses. I totally agree. I also agree in entirety with the Committee on the proposed inclusion of new Clause 24(A). You cannot purport to create an office in the public service through such a Bill. Those positions ought to be created either under the Valuers Act or pursuant to amendments to respective Acts of Parliament. I totally agree with them that; that cannot happen. Hon. Temporary Speaker, in Clause 30(a) of the Bill, there are circumstances that require a supplementary valuation roll to be prepared. As a professional practice, it should be done at the date of valuation. You cannot backdate it. You cannot purport to insert a clause that says preparation of a supplementary valuation roll can only be done dependent on the date that is available at the time the valuation role is undertaken. If that is done, it means you miss the professional and academic purposes of a supplementary valuation roll. I agree with the Committee on this one. I also agree that in the proprietary right of ownership of a property, there is no person called an ‘occupier’. Who is he? He connotes an unauthorised invasion. So, to purport that an occupier can become a rateable owner is a way to legitimise unlawful occupation of any parcel of land or property for purposes of conferring an illegal title deed. In seconding the amendments, rejections or proposal by the Committee, we also beseech that when they go for mediation, they need to be very clear so that we do not allow any form of coercion to get into this. It is totally agreeable that rating is a preserve of the county government, whose structure is very clear. The mandate of the county governments should remain so. The mandate of the national Government, as set out in the Constitution, should remain so. In essence, it is only the position and collation of the rates that are denoted to the county governments. However, preparation of the valuation roll is a matter domiciled at the National Land Commission (NLC). It has the powers and authority to delegate them to any specific and competent office in the national Government. That should never be lost to the Chairman of the Committee when he goes for mediation. I hope the technical team in the Committee will aptly and appropriately guide the Committee, so that we do not lose the gist of rating and valuation. This will ensure that nobody moves to court and say that Parliament seems to lack competent technical legislators to guide in such a specialised area. Hon. Temporary Speaker, with those few remarks, I support the Report of the Committee. 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."
}