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{
    "id": 573853,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/573853/?format=api",
    "text_counter": 467,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that the Community Land Bill (Senate Bill No.38 of 2014) be now read a Second Time. Madam Temporary Speaker, I will be very brief because it is my wish that this Bill can be seconded before 6.30 p.m. This Bill is about a very important factor of production which is land. But even more importantly, it is about a category of land that has been the subject of a lot of tension in our country, that is, community land. The Constitution that we are applying now categorizes land, in Article 61 into three categories, namely public land, private land and community land. It goes on to talk about the need for Parliament to make legislation to regulate various aspects of land. It was intended, under the Sixth Schedule of the Constitution, that four pieces of legislation touching on various aspects of land could be enacted. The other three pieces of legislation have already been enacted long time ago, namely the Land Act of 2012, the Land Registration Act of 2012 and the National Land Commission Act of 2012. The Community Land Act which was anticipated under the Constitution to be passed has not been passed. It has a deadline of 27th August and somehow we have to contend with that. But briefly put, community land is sensitive and that is why the drafters of the Constitution provided in Article 63 (4) of the Constitution that all land which was previously called Trust Land--- Community land now is what used to be called trust lands and they used to be governed by the operation of two legislations; the Trust Land Act, Cap.288 and the Local Government Act, Cap.265. So, all the land that was under the control of county councils, on behalf of communities, would now be governed by a new law. This is the law that we are discussing here today. What does it say? It talks about the National Land Commission going out to adjudicate the entire country in terms of community land – the former trust land. For avoidance of doubt, Article 63 (4) of the Constitution froze any transaction or dispossession on the former trust lands until this law is in place. Therefore, people will not alienate, dispose or transfer land which was under the trust of the county councils because they no longer exist. This Bill now transfers the mandate of trust from county councils to a shared trust between the National Land Commission and county governments in respect to the county where that land is found. So, this Bill creates a number of institutions, including community land boards. The key thing to note here is that community land will now be 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."
}