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{
    "id": 625233,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625233/?format=api",
    "text_counter": 89,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "the coastal communities. The people living in the Rift Valley have some areas. There are also particular areas which are significant in Western Kenya. The protection of those areas must be put in the legal framework because some of them have environmental significance. I saw in the news a five-star hotel purportedly being built in Karura Forest. If we want to respect our great lady, Wangari Maathai, we must at all times conserve Karura Forest in her memory. May her soul rest in peace. Clause 14 confirms the validity of the customary right of occupancy. Clause 15 vests the Cabinet Secretary (CS) with power to make regulations prescribing the procedure for registering community land. After we pass this Bill, it is upon the CS for Lands to bring regulations. Regulations will deal with how to manage and administer community land on behalf of respective communities and to identify on provisional basis the boundaries of community land and liaise with the CS in recording of rights and interests of registration. Clauses 17 to 21 contain provisions that set out the interests conferred on a community upon the registration of community land and the rights of the community as proprietors of registered community land and other matters. Clauses 22 to 27 of the Bill contain general provisions relating to the conversion of community land to public or private land. Clause 25 of the Bill provides for the conversion of public land to community land through allocation by the Commission. So, how do you convert public land to community land? This can only be done through a conversion done by the National Land Commission (NLC) or through legislation by the national Government. Clauses 28 to 30 provides for the rights and entitlements of individual community members to registered community land. How do you register individual community land, including the full and equal enjoyment of rights of use and access and prohibit discrimination? Here we are talking about the ranches which are owned by communities. It is very common in the pastoral areas and in the coastal region. In those areas, communities agree to do a joint venture of a ranch or a conservancy. The rights of each member must be protected from discrimination. They must have equal enjoyment of rights like equal rights for grazing in pastoral communities. Clause 32 provides for transition relating to community land. Clause 35 talks about the right to use and occupy any part of community land. Clause 36 of the Bill provides for the use and management of natural resources. Clause 37 deals with making agreements relating to investment in community land. It also talks about how to invest in community land like putting solar, wind and geothermal energy or the Tullow Oil and the agreements that you are going to be subjected to in terms of investment in community land through a free, open and consultative process. Hon. Speaker, you will find somebody saying that he or she has a title and already people are working with geological teams. For example, they can go to Mvita, a constituency of my very good friend, and find a certain place within the constituency which has a likelihood of having oil deposits. You will find that before the community has been consulted, somebody has a title and has entered an agreement. Clauses 35 and 37 deal with that. Clause 38 confers upon a registered community the power to make rules and by-laws for the management and administration of community land. This is a very good provision. Once the community has the land, then it is them who have the power to make the by-laws that govern their land. 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."
}