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{
    "id": 401001,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/401001/?format=api",
    "text_counter": 54,
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    "content": "Fourthly, the Senator wanted to know the procedure for the application for renewal of an expired lease. An application is done in writing by the lessee or the authorised agent to the National Land Commission or through the county government. Secondly, the circulation of the document is done to various relevant authorities such as the Department of Physical Planning and Survey, for advice. Lastly, on favourable recommendation by county government and other government agencies, approval is granted by the National Land Commission. The approval is on behalf of the national Government or the county government, respectively. Expired leases are renewed by way of relocation. This means that the National Land Commission comes up with other procedures as per the requirement of the new land laws. The Senator, further, asked about the role of the Cabinet Secretary and her staff in the renewal and denial of such a lease. Lease renewals are an aspect of land administration which is a function of the National Land Commission on behalf of the national and county governments. All the staff who previously undertook administrative activities in terms of allocations and lease management have been deployed to the National Land Commission. The Cabinet Secretary’s role is to provide policy guidelines to the National Land Commission on the renewal of leases. Mr. Speaker, Sir, Sen. Murungi further sought to know the role of the National Land Commission in the renewal of such leases. The National Land Commission’s role is to process applications for the renewal of leases in compliance with guidelines set by the Cabinet Secretary. The Senator also asked what mechanisms have been put in place to ensure that rights of lessees under Article 40 of the Constitution are protected and that there is just and prompt compensation for all legitimate interests and development in expired leases. Under the normal circumstances, lessees should wait until a lease has expired. Once it has expired, the land reverts back to the respective government, whether county or national. Any appeal after expiry is for reallocation alongside other applicants. The Government is also alive to the fact that leases expire while development on the land is still being claimed by the developer. Development is a consideration that informs extension or reallocation. The new land laws have put in place mechanisms of allocating/leasing Government land. The mechanisms call for transparency and public involvement. This means that any allocation of land, with an expired lease, to a new person calls for public notification including neighbours and any person who may have interest on the said land. Land whose term has expired can only be allocated afresh using the new procedures hence; there is no room for any officer to deprive the previous owner the right to land. Lastly, he asked what mechanisms have been put in place to ensure that hardworking legitimate Kenyans whose leases have expired are not arbitrarily deprived of their livelihoods by unethical and unscrupulous Government land offices. Once the Government has leased land or property for a certain period to a private individual, that land is private property and the rights, therefore, are protected. Unless a lessee has not The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}