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{
    "id": 507103,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/507103/?format=api",
    "text_counter": 66,
    "type": "speech",
    "speaker_name": "Sen. Kivuti",
    "speaker_title": "",
    "speaker": {
        "id": 55,
        "legal_name": "Lenny Maxwell Kivuti",
        "slug": "lenny-kivuti"
    },
    "content": "On the statement by Sen. Musila, so as to save time, instead of reading the entire document, I will go to the observations that were made by the Committee. I would like to report to the House that following the question by Sen. Musila, we had a sitting which was attended by the Senator, the Governor for Kitui County with his officers and the National Intelligence Service (NIS). The only people who did not come were the National Land Commission (NLC) who later sent their observations. After listening to all submissions from all the sides, the Committee decided to seek a legal opinion on the legal matters that are contained in law, particularly on the position of who is entitled to bring matters relating to trust land and we got a summary of all the opinions that we had. These are contained in our Report on page 14. The observations we got which are in two pages are that; despite the new Constitution coming into force in August 2010, the County Council of Kitui and other local authorities continued to exist by virtue of Section 18 of the Sixth Schedule of the Constitution which provides that all local authorities established under the Local Government Act Cap 265 existing immediately before the effective date shall continue to exist subject to any law that must be enacted. (b) The NIS applied for the allocation of land at Kanyonyooni in the year 2011. (c) The County Council of Kitui approved the requests during a meeting of Education, Housing and Social Services Committee on 15th November, 2011 and confirmed the same in a full council meeting held on 24th November, 2011. (d) When allocating trust land to the NIS, in 2011, the County Council of Kitui was under obligation to comply with Article 63(4) of the Constitution of Kenya which provides that community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively. (e) Parliament not having enacted the registration envisaged in Article 63(4) of the Constitution, the law applicable to the setting aside part of the trust land is the Trust Lands Act, Cap 288 of the Laws of Kenya. 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."
}