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"id": 212901,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/212901/?format=api",
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"type": "speech",
"speaker_name": "Mr. G.G. Kariuki",
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"speaker": {
"id": 330,
"legal_name": "Godfrey Gitahi Kariuki",
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"content": "Mr. Temporary Deputy Speaker, Sir, the Quorum Bell was rung before I started explaining the main reason for bringing this Bill, which has been circulated and read by the hon. Members. When I started to draft this Bill, it took me some time to talk to all the people who are concerned, so that they could give me their advice as to the best way we could draft a Bill of this nature. First of all, I think it is important for us to ask ourselves: \"Who is a squatter? How did this come about?\" The problem of the squatters started many years ago, as far as back as 1904, when the Europeans or colonisers took over African land after they chased the Africans away from their land. As the African land was demarcated by the colonisers, the White men were given more land than they were able to till or manage. Having chased the indigenous people from their own land, they were given bigger tracts of land than what they expected. Those who got land by force from the Africans later on agreed or allowed the Africans to come back and work for them. They even allowed them to bring cattle for grazing from the so- called native reserves. Africans continued to farm alongside the Europeans who had invited them to do that, until there came a time, towards 1948, when the White men found out that the Africans who were invited on this acquired land were becoming richer by having more animals than them. In 1948, they decided to stop the progression by making sure that no African on those lands would be allowed to keep more than 30 head of cattle and goats. When that happened, the White farmers or settlers decided now to control the influx of the Africans from their reserves, to the already acquired land. When that happened, the Africans were finally given the terminology of being \"squatters.\" Instead of being called disgraced people, the name was changed to \"squatter.\" That meant that those people were now there illegally. Mr. Temporary Deputy Speaker, Sir, from then on, our people have been suffering because after Independence, when the Africans took over the leadership of this country, they continued acquiring huge tracts of land without, really, considering the people who were working on those tracts of land. Now, that situation continued. This lack of proper land management has put this country into a very dangerous situation. It is very likely that the issue of land could bring problems in this country. I think it is high time this National Assembly decided to make a law that will require the Government to be responsible for those people who are called squatters by settling them. This is because, as it is today, the Government is not compelled by any law to consider the settlement of squatters as a policy. It is just a matter that is such that when a Minister feels that he can, this time round, use politics, or humanitarian grounds, he may decide to buy land for the purpose of settling squatters. That has happened, especially after we got Independence. A lot of land was bought, but it did not satisfy the squatters, because those people who were well-to-do were given more land than the squatters. Mr. Temporary Deputy Speaker, Sir, you can see that there is an urgent need now that before this Parliament is dissolved for the General Election, it needs to leave a legacy of some kind. A law needs to be put in place to make sure that people who are landless, or mainly people who are squatters--- People have been chased from forests and homes, especially during the clashes. People are now living on roadsides. In fact, people in all the urban areas, townships, and cities are being hunted down like they do not belong to those places. So, there is need for creating a board, or an authority, that will harmonise those who have and those who do not have, especially in terms of land. Mr. Temporary Deputy Speaker, Sir, this Bill intends to establish a board or an authority 2672 PARLIAMENTARY DEBATES July 19, 2007 that will be responsible for several things. One, it will be responsible for purchasing land for squatters. It will be responsible for acquiring land which is found to be idle. That will, actually, be determined by the board. The board will also identify landless people. There must be an authority of some kind through which the Government and the people of Kenya will look for ways of settling those who may be landless. For example, in the current Budget, we have voted about Kshs1.3 billion for the purchase of land for the purpose of settling the landless. There is no board or authority to handle this matter. Now, this money can be used as and when the Minister finds it necessary to buy whatever he wants to buy for whichever people. Mr. Temporary Deputy Speaker, Sir, this is most disappointing, and we need to think about it very seriously. You will find people in Nairobi, or elsewhere, whose small kiosks have been knocked down by people who were given authority by some authorities within the city councils, county councils or municipal councils. People are chased away as if they do not belong there. The Bill says that if a person has lived in a place for more than five years, nobody has a right to chase him away from where he is until he is given an alternative place. I think that we are not asking for too much by asking the House to ensure that whenever people are being chased away, the Government must have an alternative place for them. Mr. Temporary Deputy Speaker, Sir, I, therefore, think that there are people who have been chased from Government land, including forest land. Sometimes the Government takes all the equipment, in terms of security, to chase people from a certain area, yet they have lived there for more than five years with the full knowledge of the Government and the local council. They have the audacity to come and chase away people from the area that they have been occupying. History will not judge us fairly if we do not find a way of solving this problem. Indeed, it is a problem. If there is an argument about identification of land, let us not forget that there have been absentee landlords in this country. This debate has been coming to this House, now and then, but nothing has ever been decided. This is the time to say that if land is idle, it has to be acquired. Such land should be purchased. I am not talking about taking over land like what is happening in former Rhodesia, that is Zimbabwe. I am saying that idle land should be valued and taken over by the Government for the purpose of settlement. Mr. Temporary Deputy Speaker, Sir, the way of settling people, according to the Bill, is that there should be a committee in every constituency and district, which should be responsible for identifying who a genuine squatter is. The format of application for one to qualify as a squatter is explained in the Bill. Also, for people not to be transported from this corner to the other without the knowledge of members of a constituency committee, the local, or constituency committee, will determine whether those people should be accepted in that area. That can only happen if there are no squatters there. Therefore, this Bill has taken care of everything. It has taken into account the fact that there are many other laws which do not prevent this Bill from being the way it has been proposed here. The Bill, which is cited as the Squatter Settlement Act, 2007, is very clear. The drafting of this Bill went through all the stages. After having been drafted by us, it was taken to the Attorney- General. It does not conflict with any law, as we know it. Mr. Temporary Deputy Speaker, Sir, with regard to the proposed Board, I think that the Minister is given power to manage the Board. Here, I thought that it should not be so independent that the Minister will have no power over it. The appointment to the Board will be done by the Minister in consultation with Commissioner for Lands, and all other people involved in land matters. The Board shall determine the purchasing, acquisition of land and settlement of squatters. It will have its own agents. It will delegate power to the local or constituencies committees. There will be two committees, one for the constituency and the other for the district. These committees will be given power by the Board. Therefore, there will be no conflict, because of the way the Bill July 19, 2007 PARLIAMENTARY DEBATES 2673 has been drafted. The way members of the committees will be appointed is fully explained in this Bill. Therefore, this is a very short Bill, which I would not like to spend a lot of time talking about, because we have quorum problems. Hon. Members are busy because they would like to be in their respective constituencies. In the interests of those who are here, I beg to move this Bill and request hon. Angwenyi--- He is not here. Could I, please, ask hon. Dr. Wekesa to second it?"
}