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{
    "id": 625277,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625277/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Hon. Wamunyinyi",
    "speaker_title": "",
    "speaker": {
        "id": 291,
        "legal_name": "Athanas Misiko Wafula Wamunyinyi",
        "slug": "athanas-wamunyinyi"
    },
    "content": "we must give it attention when it is before the House. It is something that affects everybody in the country. All Kenyans are affected by the issue of land and even our development aspirations are based on land and other land-related issues in this country. Initially, when you look at the preliminary matters in the Bill, there are issues of the community. Members have made comments on the definition of “community.” This is one area which we must make amendments to, when we reach the Committee of the whole House stage. This definition of “community” is not given in the Constitution, particularly where it defines “community land”. You will find a problem when you refer to any organised group which can lay claim on land that was not theirs because they are a group as defined. This is something we will need to address. The other important thing that I have seen is in Article 7(1), which says that a community claiming an interest in or right on community land, shall be registered in accordance with the law relating to societies. We cannot take any group registered under the Societies Act to claim for land to be associated with the issue of land. That is because any group anywhere can register as a group under the Societies Act and lay claim on any land elsewhere as a group that is registered. So, this is something we need to look at. Like the Njoguini group somewhere in Nyandarua can lay claim on any land that neither belonged to them and was never theirs. They are there as a group that is registered. We need to be careful when we are dealing with some of the provisions in this Bill. The other issue is conversion of land. While it is important also to capture these provisions, community land cannot be converted to anything. For whatever use the community wants to put the land to, it can do so. It can put it into any use, but that does not amount to converting the community land. This has also to be made clear because the community can have ranching, grazing and whatever land use they want to put the land to. That does not amount to conversion of land. It needs to be made clear. I do not see how, when a community is using land, it amounts to change. All land is held in trust. We have seen co-operative societies, unions and land companies holding land in trust and, sometimes, they end up transferring that land to other individuals. It is not just the use that is being transferred but also the ownership. I have seen an example of a union in Bungoma. Even in the past, municipal and county councils held land in trust or on behalf of the people and disposed it. That cannot be allowed. It has to be made clear in this Bill. There are some areas which are not very clear and could lead to conflicts again. An example is in the different governance systems at the moment. We have counties which, like my colleague said, are dishing out land for purported development by investors. We have areas like Kajiado and Narok where governors have a say over land. The National Land Commission (NLC) and the Ministry of Land, Housing and Urban Development at the national Government also have a say. These issues must be made clear so that we do not encounter conflicts in the course of administration of community land. Western Kenya is generally referred to as the sugar belt. We have sugar factories like Miwani, Chemelil, SONY and Nzoia, which is in my constituency. Nzoia Sugar Company took 15,000 hectares from members of my community and so we consider that land as our ancestral land. It should be community land. It is because of this that we feel if this Bill is not well crafted, members of the community are likely to lose their land. I have this in Clause 46. It says that if this Bill takes effect, the registered owners at the moment will be owners of the land. That should not be allowed because we have land that was forcefully acquired. The compensation given for 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."
}