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"id": 266297,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/266297/?format=api",
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
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"content": " Mr. Deputy Speaker, Sir, my good learned friend, hon. James Orengo, is a very humble and self-depreciating person. If we were in a rally, I would have asked that he be clapped for because this is a truly phenomenon achievement for any Kenyan. I hope that when we come to discuss issues about heroes, hon. Orengo will be there. I am surprised that the country had to wait for him and me - we were the same year at the university - to come and do these things together. Mr. Deputy Speaker, Sir, this law that hon. James Orengo with his Ministry and the taskforces have presented this afternoon is more than 100 years overdue. I think this country must come to terms with the challenges that we have. You will notice that our dear colleagues after Question Time just retreated and missed an opportunity to be in the history books of this country. The impact of the law we are discussing this afternoon will be felt for a very long time to come. Mr. Deputy Speaker, Sir, if you look on page 252 of the Bill, and I encourage you to look at it, you will see the laws that we are repealing so that the country can appreciate what I am saying this afternoon. Do you notice that No.1 is the Indian Transfer of Property Act of 1882? That law, until this House passes this Bill, remains in force in this country. This is in circumstances where even the Indians themselves have amended it beyond recognition. If you look at the next one, the Government Lands Act, you will find that it is a 1901 Act of Parliament. It was actually an ordinance issued by the Colonial Administration. I can go on and on. There is the Registration of Titles Act and the Land Titles Act. The only exception to this is a law that we borrowed from Australia. That is the Registered Land Act and thanks go to Mzee Kenyatta’s administration because that law has been fundamental in giving titles to rural communities since 1963. Therefore, the time for this law is now. I was hoping to find all our hon. Members here to discuss this fundamental departure from the past because we are consolidating. For the first time in our country’s history, we will have one uniform land registration. The only thing I would like to say is that you will notice that we are not repealing The Sectional Titles Act. That is a law that has become very useful in the country for purposes of giving apartments to hon. Members of this House and other citizens in highrise buildings because when God created us very many centuries ago, He gave us not only the soil we stand on but also the sky as long as you do not go all the way to Heaven. If you can dare do so, you could go there. Therefore, I want to salute the hon. Minister for leaving out The Sectional Titles Act because it is progressive and will help this country to deal with the problem of housing as we continue to use it. Speaking for myself in due course, we will be recommending to the hon. Minister that he looks at it so that we can make it much more modern so that highrise buildings can also be quoted in the stock exchange. Mr. Deputy Speaker, Sir, I have been to cities - if I can just mention a few - like Hong Kong, where you will find people owning shares in highrise buildings. These are buildings going up to 40 stories. All that they own is the share in the corporation. If you own that share in the corporation, the company goes to the public, raises capital and enables it to create even greater opportunities for public housing. Therefore, I will be, with utmost respect, recommending to the country in due course that we look at these things in consultation with the Nairobi Stock Exchange so that we can use this beautiful climate that we have for creating housing. The other item I want to mention, and I will not be long because this is a wonderful law, is that this Bill will with one sweep – I suggest to the House that we pass it today – create a climate for eliminating the fake title deeds, forged title deeds and multiple title deeds because we will have one registry where you will take your land. I have no problem saying that it will also eliminate what is famously referred to as “rent seeking opportunities” which in ordinary language is called “corruption in land registration”. Therefore, I recommend this law to the House and the country. Hon. Orengo has spoken for the first time that we are expressly providing that when you have a title, you have security of title. Therefore, this is a fundamental law. However, allow me to mention three very minor but very important aspects of this Bill. One of them is that for the first time in the country, we have defined what are called “unexhausted improvements”. You will find the definition in the definition clause. This is such a fundamental departure from the past. It is important as a country, as we debate this law, we understand that we are moving into the future where even trees are recognized as unexhausted improvements. You will find that on page 190 of the Bill where we are proposing to this country that never again should a person be regarded as not owing anything on land because as long as you see trees, standing crops or growing produce, whether or agricultural or horticultural nature that will be attractive."
}