Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 439375,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/439375/?format=api",
    "text_counter": 194,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "When you look at the amendments proposed on the Land Adjudication Act, it is just a matter of removing some few words to align with the current constitutional order. For example, trust land is being replaced with the word “community land”. This is in recognition of the fact that it is communities that own land as shown in the new Constitution. This Act was passed when full devolution was not yet in place and that is why “trust land” was used. The other amendment is about county councils. In the Land Adjudication Act, county councils were referred as so. In the current reality, they are referred to as county governments. Those are the things that are being cleaned. Ministers are now called Cabinet Secretaries. So, we are replacing the old words with new ones to suit the current reality. When we go to the Third Reading, we need to realize that, as much as we have recognized the Cabinet Secretary at the national level, there are land matters which have been devolved and that is why we are putting in place the county land management boards. At the county level, we do not have cabinet secretaries. Rather, we have county executive committee members. That reflection also needs to be taken into account. The other amendment that has been proposed deals with land adjudication committees at the district level. Currently, the Act states that the District Commission (DC) will appoint not less than ten people. The DC has been given a blank cheque to appoint even 100 people! The proposed amendment is coming up with an upper limit; that is, not more than 15 people. So, those are very small amendments that are understandable and I would not expect much opposition from Members. Another thing that requires correction, as we go to the Third Reading, is the fact that, in National Government Coordination Act, 2012, we no longer have district commissioners. So, even in this proposed amendment, it may not be correct to use the name “district commissioner” in Section 6(1). We need to align it with the National Government Coordination Act. They are now referred to as deputy county commissioners. That is another proposal as we go to the Third Reading. There are amendments proposed for the County Governments Act, 2012. This is very important. Look at the proposed amendment of Section 4(2) which is about county executive committees coming up with county symbols in a consultative way. They have then to be approved in the county assemblies. This is in line with the Bill that was passed here in the last Session, although it has not been assented to. I understand that there is a Memorandum from the President to this House. It is the Bill that was sponsored by hon. Keynan - The National Flag and Emblems Act. This miscellaneous amendment is about county executive committees coming up with county symbols. There are three symbols - the coat of arms, the county flag and the county seal. It is good that the county governments get legal advice. Recently, I read about a county - I think it is Lamu County - where the county assembly passed legislation that allowed the Speaker of the County Assembly to fly a national flag. Hon. Speaker, you know that in the County Governments Act, 2012 in Clauses 12 to 14, it is stated clearly that there will be county symbols. Those are: The county flag, county seal and coat of arms. It is stated that those symbols should be very distinct. They should not have any resemblance with the national symbols. If, therefore, a county assembly passes legislation that contravenes the national legislation, then that will be unlawful. I think the Constitution is clear that national legislation takes precedence. There The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}