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"speaker_name": "Hon. Mwiru",
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"legal_name": "Alex Muthengi Mburi Mwiru",
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"content": "parts of Marmanet and Ol Arabel Forest to settle people whose land had been acquired by the Government for public use for example, Kiri Dam, which supplies Kabarnet Municipality; schools, hospitals, amongst other public utility facilities. The land has not been de-gazetted. It remains part of the forest to-date. The exercise was initiated and spearheaded by the Provincial Administration, and not the Ministry of Lands. Demarcation and survey works were undertaken by the Department of Survey and facilitated by the Department of Land Adjudication and Settlement. Plot allocation was initially done by the Provincial Administration rather than the Director of Land Adjudication and Settlement, who is supposed to do so after planning and survey is complete. The names of the allottees were forwarded by the area District Officer, Mochongoi, to the Commissioner of Lands and thereafter to the District Lands Registrar for issuance of title deeds. Hon. Speaker, the District Development Committee (DDC), at a meeting held on 26th September, 2008, under Minute No.07/09/08, recommended that Mochongoi Settlement Scheme be de-gazetted. However, the DDC members did not direct the request to the then Ministry of Forestry and Wildlife, under whose docket the forest falls. The issues to be resolved include the fact that the settlement scheme land has to-date not been de-gazetted to actualise the scheme. The earlier registration of titles amounts to double-registration, which should be addressed. There is no clearly defined boundary between the settlement scheme and the forest. This has resulted in cases of increased encroachment on the forest land. Although a number of settlers have title deeds in Phase One, there is another category of people who have only letters of offer. Others have neither title deeds nor letters of offer but they are on the ground. A number of allotters have made payments to the Settlement Fund Trustees (STF) for the plots even before getting letters of offer. Hon. Speaker, cases of double allocation have raised concern over the authenticity of the issued title deeds. There are very many complaints on ownership, succession and boundary disputes. Some allotters took title deeds without repaying STF loans, and have sold off their plots. Members of the Endorois have already accused the Republic of Kenya before the African Commission on Human and People’s Rights. Their complaint was that their land had been allocated to strangers while they had been left out. The matter has not been finalised to-date. Registry Index Maps (RIMs) have not been amended to reflect mutations done to create new land parcels. There is already a pending court case before the Arusha-based African Court filed by members of the Ogiek community, who are seeking parts of the Mau Forest complex to be recognised as their ancestral land. Thank you, hon. Speaker."
}