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"id": 1490152,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1490152/?format=api",
"text_counter": 140,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "In hindsight, Parliament set up the Land and Environment Court, where a number of cases under consideration emanated from decisions or actions of the land control boards. As of 28th April 2016, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development, responding to complaints by the general public with regard to widespread corruption in the land sector and abuse of issuance of consent of the land control areas, dissolved all the land control boards in the country. They were all dissolved. This action eroded the little remaining confidence in the current system of the land control boards. The recent data report of 2020 by the World Bank on the ease of doing business ranked Kenya at No.134. Tellingly, Kenya scored 25 per cent with regard to procedures of land transfer and transactions, indicating a system that compares unfavourably with the other economies that were included in the survey. Looking at it from that point of view, the intentions could have been good, but over time, as the Njonjo Commission of Inquiry reported, there has been abuse of the land control system. There are also challenges in the informal sector. We see very many demolitions and contestations where land control boards approve subdivisions even of illegally acquired land. They even approve subdivisions of Government land. We end up with a process where those who buy those pieces of land end up losing money. Hon. Temporary Speaker, it was necessary, as was proposed in the Land Policy, the Njonjo Commission of Inquiry Report, and the new Constitution, that it is time we looked at that particular aspect of land administration. The land control boards as contemplated in the old Land Control Act had some element of dispute resolution. If you had a boundary dispute, either at the time of transfer or at the point of succession, they would listen to you and probably offer some kind of assistance to the courts. Unfortunately, over time, land control boards have literally remained for purposes of conveying decisions to approve transactions. Many a time, you are involved in the purchase of land in rural areas, but hardly do you ever appear before a land control board to argue your case. Hardly does the seller appear to argue the case. Many a time, it is the so-called brokers and agents who move around with documentations up to conclusion. In case there is any dispute, you are not even seized of the proceedings of the land control board to enable you to defend yourself in a court of law. Therefore, the overarching objective of the new Bill is to reaffirm, reorganise and bring this particular process into order. In the Memorandum of Objects and Reasons, the object of this Bill is to repeal and replace the Land Control Act (Cap. 302) to align the law governing dealings in agricultural land with the provisions of the Constitution of Kenya, the Environment and Land Court Act, 2011, the Land Registration Act, 2012 and the Land Bill, 2012. In line with the progressive nature of our Constitution and law making, the Bill contains six parts. One of the key elements is the creation of a Land Control Committee instead of a Land Control Board. A board looks so oppressive and authoritarian to a point that many people fear to appear before it. So, we propose a land control committee that can adequately review an application for disposition. Part I of the Bill is preliminary. Clauses 1 and 2 are the typical ones. In Part II, Clause 4 establishes land control committees, which shall be appointed in each constituency. We are proposing, therefore, to have 290 land control committees. We have had robust discussions with the Departmental Committee on Lands on the provisions in this Bill. There are some provisions we have agreed to amend. There are other areas that, with engagement with the Institution of Surveyors of Kenya (ISK) and other land sector players, are going to be changed. I want to move the Bill in the form it is, so that if there is any amendment, the Chair of the Committee will follow accordingly. The Bill proposes a chairman of the land control committee, who shall be qualified for appointment if he is a holder of a degree from a university recognised in Kenya, demonstrates knowledge of the culture, traditions and disputed resolution mechanisms of the people living in the geographical area under the jurisdiction of the Land control committee. The Bill intends to retain the Deputy County Commissioner as a member 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."
}