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{
    "id": 627566,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/627566/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Hon. Ogalo",
    "speaker_title": "",
    "speaker": {
        "id": 2679,
        "legal_name": "George Oner Ogalo",
        "slug": "george-oner-ogalo"
    },
    "content": "use within the community land might eventually be adjudicated and owned privately, but with the authority of those communities. In short, we are removing adjudication of community land from being a Government driven process to a community driven process, so that a community can determine who is supposed to own private industries on their land. The Bill before us is good. I have to state that we have taken a lot of time listening to many people, as a Committee. We now have a fairly straightforward understanding of where the contentious issues are. The attempts that we have made to correct those issues will be clear during the Committee of the whole House. Hon. Speaker, we have, indeed, taken your guidance that we should, in our subsequent meetings, invite members of the public and meet caucuses to explain what we have been able to propose as amendment for incorporation into the Bill during the Committee of the whole House. Hon. Members have talked about definitions of “community”. Those are the things that we have dealt with. Clause 6 is where the role of the county governments is given. It is very clear, under Article 63(4) of the Constitution, that vesting community land in the hands of the county governments does not give them any authority to transact in any manner with unregistered community land. That is the community land that was unregistered as at the time of the promulgation of the Constitution of Kenya, 2010 until when this Act is enacted. It is clear that any transaction that took place on unregistered community lands between the time of promulgation of the Constitution and time of the enactment of this law will be null and void. Under Clause 7, we are insisting that the process of creating and registering a community capable of owning land must be procedural, transparent, inclusive and judicious. The process must accord every interested person the right to claim membership rights to that community. The way that clause is crafted would disfranchise many people. As a Committee, we have taken steps to strengthen it. Hon. Members will eventually be satisfied. Under Clause 8, the process of identifying and demarcating the boundaries of community lands must also be very transparent to ensure that those who own land next to that community land, those who own other interests on that community land, and those who have customary rights on that land know that demarcation is taking place. The final determination and survey of that land must be as per the provisions of the survey Act, Cap 299 of the Laws of Kenya. I also note, under Clause 10, the creation of the register for community land. Those are all in order. Under Clauses 15 and 16, we have found weaknesses in the way the community is administered. The management and administration of the community is lacking structures. As a Committee, we have received proposals from Pastoralists Parliamentary Group on how those communities should be administered. Indeed, we have proposed that we have a Community Assembly, which should be an assembly of all the members of that community, and a Land Management Committee that will hasten decision making and management. We also said that, any transaction resulting in the alienation of any community land or interest must be ratified by the Assembly. Only minor transactions that do not disenfranchise any member of the community can be handled by the Land Management Committee."
}