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{
    "id": 223456,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/223456/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Mr. Serut",
    "speaker_title": "The Assistant Minister for Planning and National Development",
    "speaker": {
        "id": 297,
        "legal_name": "John Bomet Serut",
        "slug": "john-serut"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, let me say from the outset that I support this Motion because I feel that this Motion should have been there yesterday and not today. This Motion is about land on which public institutions sit. It is about land which was donated by either individuals or communities. It is about land which was acquired by the Government for purposes of public utility. I am using the words \"public utility\" because whatever institutions this Motion is targeting are for public use. I say so because all the institutions like schools, health centres and dispensaries fall within a Ministry. These institutions are faced by one major problem which the other hon. Members have mentioned; the issue of land grabbing. Mr. Temporary Deputy Speaker, Sir, in the 1990s, most of the land belonging to those institutions was grabbed by powerful people in this country, including those who are today saying that they are \"holier than thou\" when it comes to corruption. Since those institutions fall either within departments or Ministries, they belong to the Government. If they belong to the Government, then why should the Government take that money with its right hand and still give back that money to those institutions? May 2, 2007 PARLIAMENTARY DEBATES 1037 I feel it is high time the Government decided to waive the fees that is charged. This fees is not necessarily what the Ministry of Lands charges. The major fees which these institutions pay is the survey fees. What the Ministry of Lands charges is conveyancing fees which is very little money. My humble request to the Minister is that, instead of asking schools and other public institutions to hire private surveyors, let us use the Government surveyors who are paid a salary every end of the month from the Consolidated Fund to do the work. Mr. Temporary Deputy Speaker, Sir, another issue that is facing these institutions is the issue of repossession by the communities that donated that land. Kenyans have now become enlightened and some of them are saying that they were not consulted by their own families before they donated the land and, therefore, they require compensation. This has arisen because of the delay in acquisition of title deeds. So, we are talking of land which was donated by individuals or communities to the institutions but the land is still in their names. If that case is taken to court, it is not easy for those institutions to win because the land is still on the original title deeds. Therefore, as a country, the issue of processing title deeds should be tackled very fast. I want to add that the same Government that is charging fees to issue title deeds does not charge stamp duty. Why are we not charging stamp duty? We are saying that these are Government institutions. On the other hand, we are charging fees because these are schools. I think this is an anomaly that should be corrected, and the Ministry of Lands should move very fast, use Government surveyors, have this land surveyed and title deeds issued. Mr. Temporary Deputy Speaker, Sir, another issue is that of ownership. In my constituency, I have been confronted with a lot of questions as to how title deeds are going to be held. The communities have been told that for title deeds, they have to come up with trusts. They have to register a trust so that they can appoint trustees. In the country-side, the people have no money with which to register trusts. Therefore, I want to take this opportunity to request the AG's Chambers to assist in the drafting of trusts, so that this property can be held in trust for the community. With those remarks, I want to support this Motion and urge my colleagues to support it too, so that we have our institutions getting their title deeds as fast as possible free of any payment to the Government."
}