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{
    "id": 573866,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/573866/?format=api",
    "text_counter": 480,
    "type": "other",
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    "speaker": null,
    "content": "have been a lot of problems when purchases of land have been made. Community land does not have a title. You find that one of the brothers can sell the land without other members knowing. It is important to have this sort of a process so that this can be streamlined. Looking through the definitions, I see the issue of community has been tackled. I want to say that the definition of natural resources is very narrow. When we come to the Committee Stage, we will propose amendments which will include a broad definition of natural resources as per Article 260. A lot has been left out in that definition. Madam Temporary Speaker, Clause 7 states that community land shall be owned by the communities. This is a basis of the whole Bill so that at the end of the day, various land tenure systems can be put into place, either customary, freehold, leasehold or any other tenures system. The NLC would have to give a sense of the various tenures and go through a lot of work to ensure that these tenures are adhered to. It should be clear that at the end of the day, the various categories are well stipulated and streamlined. This will include a lot of work which the Commission will do. The procedure for adjudication will need to include documenting and this is stipulated in Clause 12. The Commission will need to document, map and develop an inventory of community land so that it is done in a transparent, equitable, cost effective and participatory way. This is going to be very key. I also see in the Bill the level of interaction and public participation that has been created, so that members can come on board and clearly indicate the various parcels of land and have a way of proper inventory to be put in place. Madam Temporary Speaker, various measures are going to be put in place by the Commission to ensure that this is done. One measure is public notice. I think that the stipulation of 30 days is very short to declare the area of land to be classified as community land, especially given the complexities of what community land entails and being able to adjudicate and categorise the various pieces of land. If we look at the documentation at the Ministry of Lands, Housing and Urban Development, and going by the history that we have issues and problems in the Ministry in terms of doing proper allocation--- A common Kenyan may not even know the category of the land that he occupies. Therefore, even if a public notice is given, where can it be done? It may be done at the governor’s office without a common Kenyan knowing. It is unfortunate that we might not have a lot of time because this is one of the Bills with a constitutional deadline of the 27th August, but it is important that we give provisions of ensuring that we give enough time for people to come forth, talk about and give stipulations of their land. They should be given the sort of involvement and engagement that Clause 12(2)(b) envisages; that they have a proper inventory of their land and resource rights. Madam Temporary Speaker, upon adjudication, the title deed will therefore be given and then that becomes community land. It is important to note that it will have to be registered and various provisions are given for registration. It can be under family, 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."
}