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{
    "id": 625332,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/625332/?format=api",
    "text_counter": 188,
    "type": "speech",
    "speaker_name": "Hon. H.K. Njuguna",
    "speaker_title": "",
    "speaker": {
        "id": 1508,
        "legal_name": "Humphrey Kimani Njuguna",
        "slug": "humphrey-kimani-njuguna"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. I support the Bill. I was impressed by your contributions when you were on the Floor because you raised very fundamental issues on the fact that this Bill is likely to drastically change the jurisprudence of land law in this country. It is important that for us to realise that since 1885 when we were colonised, everybody had access to land in this country. The land belonged to the community. However, with colonisation we were introduced to the English land system which is the individual titling of land. We have embraced that culture for over a century where everybody’s wish is to feel that they own it. This is why we are saying that it is very emotive. Issues of tribal clashes narrow down to land issues. We all agree that individualised land system in this country is so entrenched that we consider it a culture or an institution. We must also agree that society changes. In case of land in Kitengela, about 50 years ago, we would have talked about what we are talking about today. Right now, we have cultivated the culture of individual title deeds in the Kitengela area. I call it a culture because that is what everybody in this country wants to see at one particular time. We agree it is time we did away with the English land ownership system, but even as we do so, we must accept the fact that because of the change that the Community Land Bill is introducing to the jurisprudence of the land law, we need to interrogate this further. We should get expert advice from universities and scholars. This is a culture we have had for about 100 years. We are now saying that we should revert to the land tenure system that existed before 1885, when land belonged to the community. This is a serious turn around. As much as we say that we need to move forward, we must also appreciate that new dynamics will be introduced to our land laws. Hon. Temporary Deputy Speaker, you made a serious observation when you were contributing on the Floor. I request the Departmental Committee on Lands to look at this issue and do a further interrogation, particularly of organisations that have been dealing with land. I am a former chairman of the institution of Surveyors of Kenya where I was dealing with issues of land for the last 30 years. I know the Bill is addressing a weighty issue. The good thing is that the Bill recognises the pastoral community interests. At times, there are common goods in particular ownership of land. Sometimes, some ownership may not be economically viable. Even as we address these issues, it is important, when looking at the definition of “community”, to ensure that we do not end up disharmonising this country because we are looking forward to a community called Kenya. As a Member observed, it is important that the definition of “community” is such that everybody in Kenya feels that they can live anywhere. I may have been living in Maasai land for the last 20 years. Are you saying that I am not going to be part of that community? I may have lived in Luo land for the last 15 years. Are you saying that I am not part of that community? It is important that even as we address the issue of community land, we try to define “community” in a way that will make everybody feel like they have been embraced."
}