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{
    "id": 625242,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625242/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Hon. Mwiru",
    "speaker_title": "",
    "speaker": {
        "id": 107,
        "legal_name": "Alex Muthengi Mburi Mwiru",
        "slug": "alex-mwiru"
    },
    "content": "Thank you, Hon. Speaker. I was trying to bring to the attention of these Members in this House that counties are plundering community land. They are trying to woo investors promising them land for investment and yet they are not supposed to transact any business on community land especially which is not registered. It is incumbent upon this House as well to be vigilant and take these governors to account. This is because they are rushing, before we enact this Bill we are debating, to plunder this resource. They are already ahead of us. The more reason why I urge Members here that we do it quickly for purposes of curtailing these acts of governors in the counties. Now that the land has been described as “community land” which used to be “trust land”, what happens in areas where people feel they cannot form a community in line with ancestral lineage or customary laws? This is what we have been looking at as a Committee because in some cases when we were meeting stakeholders, some were saying “Yes” but in some cases like Ukambani people would prefer to hold the land individually rather than as a community. So, some of these things are going to come out clearly in the Third Reading where we need to introduce an amendment for the purpose of fitting in every interest of the communities of this country. I am pleased that this Bill has been moved in this House as it has been appearing on the Order Paper and exiting with equal measure. I am happy that now we are dealing with it. I thank Hon. Members from the pastoral communities, including Hon. Chachu Ganya and Hon. Aden from Balambala. We have consulted widely on this matter so that it can be settled because it was very emotive at the beginning. Quite a number of stakeholders have been consulted in the process of drafting this Bill. That includes the Ministry of Land, Housing and Urban Development, the NLC, the Commission for the Implementation of the Constitution (CIC), Kenya National Commission on Human Rights (KNCHR), the Transition Authority (TA), the Council of Governors (CoG), the County Land Management Boards (CLMB) and private sector organisations that deal with matters of land. We have consulted the Land Development and Governance Institute (LDGI), Katiba Institute, the World Wildlife Fund (WWF), the Ogiek people, the National Environment Management Authority (NEMA), Kenyatta University (KU) and Egerton University (Njoro Campus) just to name but a few. As a Committee, we have been able to reach out to great numbers for this purpose in the registration of this Bill. There are two areas we need to look at which are very clear in this Bill. One may confuse the difference between registration of a community and registration of a community land. “A community” is identified through a given criteria already provided for in the Constitution. It has to be registered before even registering or identifying the land for alienation for the purpose of that community. This is because you can register land in vacuum or in void. Communities are supposed to identify their land so that Government officials get to know the extent to which that community land lies. The mistake the Bill would have made which we are 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."
}