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{
    "id": 574299,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/574299/?format=api",
    "text_counter": 127,
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    "content": "whatsoever about the role of counties but the idea that county governments can hold those lands in trust for the community is unsettling. This is because of the role that county governments have played. In some cases, they have operated with bias. You have then put communities in the hands of county governments that can turn rogue. Therefore, now that that portion of law is in the Constitution, I would look for a method of how, who and the period which that trust would be held. Otherwise, county governments will convert this land into an avenue to blacklist communities. As a result, governors will become the new landlords in community land which is not the objective of this Bill. Mr. Speaker, Sir, the Certificate of Title that is proposed under Clause 35 is not very clear. It presupposes that a person can be registered as a proprietor of community land. There is an article in The Standard newspaper today about a community in Murang’a County who are famous for killing their directors. They are doing so because of lands held in trust and titles held by those directors. It will be dangerous to register one person as a proprietor of community land under this proposal. There is a small portion that I think we should amend. Unknown to many people, the Land and Environment Division of the High Court has been stopped by an order of the Court of Appeal. The reason is that the Land and Environmental Division of the High Court has been stopped by a ruling of the Court of Appeal to the extent that the Court of Appeal has said that no judge should sit on a land and an environment matter unless he is appointed under land and environment. Therefore, all matters that are pending on land issues have been put on hold until the Chief Justice (CJ) resolves the dispute. That ruling and jurisdiction of who should determine issues and disputes on land should also be placed in this law. That way, we will not have land issues which are so sensitive put on hold because of those conflicting rulings of our courts. Lastly, I am happy that we have proposed alternative dispute resolution methods because in communities like in Makueni County, the bulk of the land there, from Makindu to Kibwezi is all community land. I am surprised that in the Third Schedule, the parcels of land contemplated to be converted to community land do not include Makueni County. We have large tracts of land being occupied by persons and which should be converted to community land for purposes of communities. I support."
}