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"id": 1490153,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1490153/?format=api",
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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "of the Committee. We have had a discussion at length with the Departmental Committee on Lands and, therefore, the proposal to include the sub-county administrator has been dropped for purposes of increasing local representation. The Committee will have two persons, one being a man and one a woman, aged 60 years and above, for purposes of institutional memory. Many of us have grown up in rural areas on cultural land. Whenever there is any dispute of any nature, you do not call a 14-year-old boy or girl to arbitrate, more so where land matters involve adjudication or where there are general boundaries as opposed to fixed boundaries. That is why the thinking is that a person who is 60 years and above has got adequate historical knowledge about the issues at hand. There will be two other persons, one being a youth, with demonstrated knowledge and experience in land law, survey, land administration or dispute resolution. Other than the chairman, all other members to be appointed to sit on the Committee ought to hold a secondary school certificate and must demonstrate knowledge of the culture, traditions and dispute resolution mechanisms of the people living in the geographical area. The thinking is, for you to sit and resolve land disputes, you need local understanding. How the Borana community resolve their disputes could be completely different from how the Samia of the Luhya community resolve their disputes. That is why we are saying it would be foolhardy to pick a Maasai to resolve land disputes in Tarbaj. That is why there is insistence one must understand the culture and traditional knowledge of those people. The members must meet the requirements of Chapter 6 of the Constitution. Unlike in the past where the Cabinet Secretary, the Registrar, Personal Assistants, Sub- County Commissioner or County Commissioner had unfettered authority to appoint members to Land Control Boards, this new Bill proposes a paradigm shift. The paradigm shift is to form a selection committee comprising DCC, a person nominated by the constituency office, a person representing persons with disabilities and two persons, one being a woman and one man, representing the business community. The selection committee shall advertise the vacancies within seven days of its constitution, shortlist applicants on the basis of merit, interview the shortlisted applicants in an open forum, and submit the results of the interview to the Chief Land Registrar for appointment. In appointing members of the Land Control Committee, gender balance must be achieved. We say so because in many rural areas, men might own the land, the title might be registered in the man—but it is the women who cultivate the land. In the event of any death, it is women who suffer the most in terms of disinheritance and being disengaged from their property. The rest of the provisions concern how to retire."
}