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{
    "id": 625308,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625308/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Hon. Nakara",
    "speaker_title": "",
    "speaker": {
        "id": 2926,
        "legal_name": "John Lodepe Nakara",
        "slug": "john-lodepe-nakara"
    },
    "content": "give county governments some powers on behalf of the community to deal with unregistered land. Another issue that I want to bring to your attention is with regard to Clause 29 on grazing rights. It talks about grazing rights to community land. The contentious issue is that the clause provides that a community can permit non-members to access grazing land within its land. This is a contentious area because fights between pastoral communities result from grazing issues. Even if we are not going to put regulations in the law, we need to see how communities that border each other can share those resources by having the elders from both sides come up with an understanding on how they can graze on their land or move to the other side. That is a contentious area that the Committee needs to address to avoid conflict between pastoralist communities. If we do not address this issue, neighbouring communities can move in and out of each other’s land. That is an area of conflict. We expect the Committee to address that issue as soon as possible. Another issue that the Committee should address is Clause 35 on existing rights to use and occupy community land. There are people who are currently using or occupying community land against the will of the communities. These people should not be protected, but they should first agree on a settlement with the communities before recognition under the law. Before we protect the people occupying community land by enacting this law, they must first agree on a settlement either to compensate or pay the communities for them to continue staying there. We request the Committee to address that issue to see how they can come up with a law that will make sure that those people who took land or settled somewhere by force without the community’s permission are forced to compensate the community. Finally, another issue that I want to raise is with regard to Clause 37 on benefit sharing. We need to highlight the issue of benefit sharing in the law. There is need to give communities decision-making power to accept investments of their choice on their own terms. When we say that we are going to give something back because of investment that is to be done on that particular land, we want to encourage the Committee to make sure that the decision-making power has been given to the communities. We should not force them to settle. Let the communities have a right to decide whether that investment is good or bad. In some cases, we can decide to put up an investment which later on affects the whole community. The Committee has done a good job, but we want them to consider how they can empower the community to decide whether or not to accept an investment because there are some activities that cannot match the traditions of the community. The communities should be allowed to decide. Another issue is on direct benefit. We have said that the Government has the right to take land for a particular purpose. However, that purpose must be profitable or beneficial to the community. Hon. Temporary Deputy Speaker, there is no use for the Government to take land without benefiting the communities around it. The purpose for which the State takes over land must go together with the needs of the community. For example, if the Kenya Barracks needs to be stationed in a certain place, the community must enjoy the benefits of that particular institution in the area. A school, dispensary or water project should be beneficial to all the communities. We need to make sure that when the Government takes over land by force, it must do it for the purpose of enriching the community. With those remarks, I support the Bill, but with the amendments that are going to come later on. 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."
}