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"id": 266373,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/266373/?format=api",
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"type": "speech",
"speaker_name": "Mrs. Odhiambo-Mabona",
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"speaker": {
"id": 376,
"legal_name": "Millie Grace Akoth Odhiambo Mabona",
"slug": "millie-odhiambo-mabona"
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"content": "Mr. Temporary Deputy Speaker, Sir, I thank you for giving me the opportunity to support this Bill. I would like to start by indicating that land is a very contentious thing; it is the basis upon which we have fought wars. I want to thank the Minister for bringing this Bill to the House. I want to be brief and, therefore, I will go straight to the issues that I want to comment on in relation to this Bill. Mr. Temporary Deputy Speaker, Sir, in the area of definitions, even though lawyers know what a caveat is, it will be good for purposes of other people who are not lawyers to define what a caveat is. Even under the area of co-tenancy, which is defined under Clause 93, especially in relation to matrimonial property, we need to be very clear, so that we know it is beneficial, especially to women. I want to thank the Minister for indicating that land for public purposes includes land for re-settlement of squatters, the poor, the landless and IDPs, except that I do not see where it comes in, in the body. So, I hope that it is contained in another law. Again, I would want the Minister to define what “nominal consideration” is. I want to laud the Minister for Clause 5, which seeks to bring cohesion in the land sector by providing for proper registration of land. Mr. Temporary Deputy Speaker, Sir, I want to thank the Minister for making provisions that different activities will be done. Those changes when they are made will not only be in Kenya Gazette, but in the two daily newspapers of nationwide circulation because a lot of fraud exists in land. In Clause 8, the Minister is talking of “subject to the legislation on community land made pursuant to Article 63 of the Constitution”. My suggestion would be that we provide chapters in relation to those in this Bill, so that we do not make reference to it. We should include that all women play a role in the user of land. Mr. Temporary Deputy Speaker, Sir, I would want to indicate also in relation to Clause 13 that even though we are saying the public service shall recruit competitively and vet, and I know that constitutionally it is not mandatory but it is not excluded either. However, the position of the Chief Land Registrar is very important and should be subject to vetting by Parliament. This is because it is an important position and to limit a lot of conflict in land. Mr. Temporary Deputy Speaker, Sir, again, in relation to the same Clause 14 and 13, how do you appoint the Deputy Land Registrar? Again, I would want to suggest a zebra approach, so that if the registrar is a woman the deputy is a man. I would want to encourage in relation to Clause 21(2) that you are too lenient with the punishments. This is because there is a culture in this country that when we punish you we are very sympathetic and we do not understand why we are punishing people. Again, it goes to Clause 22. I know that elsewhere you provided another omnibus clause for punishment which is harsher, but even in relation to this, please, provide harsh punishments because people have killed each other in the name of land. I want to speak also to Clause 27 that the Minister needs to address especially Clause 27(a) on issues of fraud. What happens to a third party purchaser without notice? It does not seem like we have covered the interest. In relation to Clause 29 on overriding interest, I know Ms. Karua has spoken to it and I thank the Minister for providing spousal rights over matrimonial property which is very positive for women. I want to thank the Minister also for providing natural rights of light, air, water and support. I would want to encourage an amendment to do this in tandem with the Ministry of State for Planning, National Development and Vision 2030 because I get amazed at the way we are doing our planning in this city. You find houses where you do not have enough space even to change your mind in your own house. Clause 29(1) deals with electric supply land. I keep on saying it, but I think this is putting an undue burden on people who bought land that they should be the ones looking at the electric supply. That is the business of the Government and not people who are buying land. I am seeking a signal from the Minister on whether I should continue or not."
}