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{
    "id": 625266,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625266/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Hon. Aden",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Under Clause 6 of this Bill on the issue of the counties and their use of land, approval of use of land by the community before the county uses it is very important. The county cannot declare one day that it has given out a piece of land or set an area for industry. It must be understood now that all that is illegal. It is the community that owns the land that will determine what needs to be done. Clause 7 of the Bill has two challenges. First, it says that registration of community land must be to the satisfaction of the Cabinet Secretary. What will be the yardstick that will be used to measure the satisfaction of the Cabinet Secretary? It is an area that we need to look at. Also, it says that the registration shall be in accordance with the law relating to societies. We see a weakness in this. The proposal I am going to put through is that we should consider registration as a corporate entity. A corporate entity is more recognisable in law and has a better legal foundation as opposed to a society. A group of 10 people can form a society, register a very large portion of community land and carry out transactions without the rest of the community knowing. It is risky and it cannot be done. Clause 15 of this Bill must be deleted. It negates the spirit of the Bill because it says that the Cabinet Secretary shall make regulations prescribing the manner and procedure for registration of community land for the purpose of this Act. What is this Act for? This Act must take the opportunity to detail the clear procedures of registration and not leave the same to the Cabinet Secretary. Clause 16 is on how the communities will manage the land. We must be clear and stipulate that there will be a community assembly, a community land management committee and things like that. These are proper structures that can act on behalf of the community and make transactions. But when we say that the registered community will do this or that, the registered community could be a membership of as many as thousands of people. What is the entity that is managing that particular land? With regard to Clause 22, the threshold for decision-making should not be 50 per cent of members. It should be 75 per cent of the registered owners of that particular land to determine what needs to be done. With regard to Clause 29(6) on the rights to grazing land, penalties for people who contravene the rights of the grazing land or who decide to put up a big ranch in the middle of the grazing land should be heavy and not as small as a Kshs100,000 fine or imprisonment for one year. I propose not less than one million shillings and certainly not less than two years of jail term for any person who does that. Clause 35 of this Bill gives provision to something very serious, and I want to bring the same to the attention of Hon. Members. Clause 46 states that grabbed land prior to this Bill, by the time this Bill becomes law--- If I, Hon. Abdikadir, had grabbed a certain land, then it becomes mine. We must say no to this provision. Any grabbed community land must be reverted back to the communities that owned that particular land and the same be managed by the community. There are a number of outstanding issues which must be resolved for this Bill to have the good intention it needs to have. A number of other legislations must be repealed. Otherwise, this Act will have no meaning. They include: The Land Adjudication Act No. 35 of 1968, the Land Consolidation Act, the Trust Land Act No. 28 of 1938, the Land (Group Representatives) Act No. 36 of 1968 and the Land Control Act. They must be repealed. That is because there is a cunning intention in this Bill which says that this will be done in consideration with the other 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."
}