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"id": 627606,
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"type": "speech",
"speaker_name": "Hon. (Eng.) Mahamud",
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"speaker": {
"id": 373,
"legal_name": "Mohammed Maalim Mahamud",
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"content": "this country, which forms one-third or two-thirds of the land mass of this country. Very few parts of our region are agricultural. Very few parts are also public land. Public land is where we have Government properties like Army camps and schools. The vast majority of that land is communal land. This land has not been managed and pastoralists are grazing their animals on the land. Ownership is by settling. When you have a house, then you say it is your place. This Bill provides how that land is going to be managed, protected, utilised and administered. The task ahead of us, as a nation, is very hard. It is not going to be easy. Communities should be registered first and then their land should also be registered. This is totally a new phenomenon. In some parts of this country, people cannot understand it because communal land is very minimal compared to public and private land. This Bill is very important to the marginalised parts of this country, where development has never taken place and where land has been left for the people to manage on their own. I do not know whether this has worked elsewhere. Maybe it has been borrowed from other jurisdictions. It is important that entities which are entrusted with implementing this law when it is passed are appraised of the difficulties that are ahead of us. The Bill attempts to provide how we can recognise, protect and register community lands and also how we can convert community land to public land. This Bill is very important. What my colleague from Turkana said is true. These marginalised areas now have a potential due to the mineral resources. It is important that before we embark on this registration, people are properly educated. There must be proper public participation, so that people are aware of what needs to be done. The danger is that while we are making this law, some guys are already registering communities. That could be a danger. Any registration for purposes of community land should be put on hold until this law comes into place. We should also give a grace period for people to be sensitised, so that no one will register these communities. Before you register land, you must have the communities registered. What are communities? The definition here is very vague. This country has communities, tribes and clans. Do all these three words mean the same thing? There will be a lot of challenges, but it is the beginning and the right direction. We must be careful, so that we do not disenfranchise the very people we want to assist. I support this Bill. The framers of our Constitution understood the need to manage our land properly. What we know clearly is public and private land. Before we reach this level, we would like our counties to be careful, so that they do not just go and deal with land and later on disadvantage communities. We want our land to be protected for our communities. Those who want to graze or farm or convert their communal land into private land should be free to do so. This is a milestone. It is the beginning of a long journey. Land issues are very complicated. You know what is happening in the Ministry of Land, Housing and Urban Development. We enacted a law and formed the National Land Commission (NLC). People are fighting for control instead of fighting about how to do the job in the best way. There are a lot of empire buildings. Everybody wants to be a controller of something. I hope this is not going to be another toll station which will confuse Kenyans. This Bill should bring clarity in the way we manage our land. With those few remarks, I beg to support. I hope for a day when our land will be properly managed and some sanity brought to play within the land sector."
}