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{
"id": 625262,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625262/?format=api",
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"type": "speech",
"speaker_name": "Hon. Katoo",
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"speaker": {
"id": 199,
"legal_name": "Judah Katoo Ole-Metito",
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"content": "common ancestry, similar culture, socio-economic or other common interests, geographical or ecological space. That now brings the idea of what a “community” is. From there, they have decided what “communal use of land” is. In some cases, people do not know what it is? “Communal land use” is defined in the Bill, in Clause 2 and 13. It is the use of land, first of all, as declared under Article 63(2) of the Constitution. It is also important to note that it is land that is meant for holding or using in undivided shares. If you look at Clause 13, read together with Clauses 20(2), 21(2) and 30, it says:- 13(1) “ A registered community may recommend to the members of the registered community portions of the community land to be set aside as communal or reserve land and for what purposes.” It is good that people get to know this. Especially for pastoral land, when people see vast tracts of land, they think, maybe, it has no owner. It is good to know that it is community land and it is used for communal purposes. It is used as land occupied or available for occupation for communal use on public basis by all the members of that community. It is only for members of that specific community under that registered land. Should anybody, be it the Government or otherwise require any portion of community land, the Bill clearly specifies the conditions under which it can be acquired. I like the way it says that before it is even given out, there should be just compensation to the person or persons in full. It is that kind of land that, at times, people like to grab. This specific Bill makes it very difficult to have that land grabbed, should it be required by the Government or specific agencies. There should be just compensation paid in full, before that land is given out. Trust land, as I said earlier, falls under the county governments. That is in accordance with Clause 6. We have registered community land which falls under the Ministry. Another key note of this Bill, in Clause 6(4), states:- 6(4) “A county government shall not dispose of any unregistered community land that it is holding in trust on behalf of the communities for which it is held”. Therefore, even county governments cannot dispose of trust land that they hold on behalf of the community. Clause 10 of the Bill talks of a register of community land. For one to belong to a certain community land, one must belong to that community. Another way of belonging to that community, other than the attributes earlier prescribed under Clause 2, is that there should be a register of community land. Members always pass resolutions in annual general meetings. More importantly, this clause says that, that register shall be updated every five years. That is very important because, at times, a periodic review of land use system due to climate or lifestyle changes is called for. It is good to have those meetings. However, an update of the register could be due to death whereby there are inheritors to inherit the land. Also, there may be new applicants because original members of the community land may have descendants who need to be registered. Therefore, it is very clear that the register should be updated once every five years. Clause 12 states that community land may be held as communal land, family or clan land or as reserve land. However, community members have the right to set aside those reasons. I like Clause 12(c) where it states that community land may be held as reserve land. That reserve land can be used for conservation, mining, exploration or any other investment that is of great benefit to the community. 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."
}