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{
    "id": 627608,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/627608/?format=api",
    "text_counter": 156,
    "type": "speech",
    "speaker_name": "Hon. Mbui",
    "speaker_title": "",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "Thank you, Hon. Speaker, for this opportunity to contribute to this debate on community land. Members have contributed since yesterday and quite a lot has been said. In fact, a lot of ideas and errors that have been noted in the Bill have already been canvassed. I have observed keenly that Members have extreme interest in this Bill, particularly Members from certain regions like pastoralist areas. Obviously, they have major problems concerning communal land. My observation is that land is a very important asset or resource in this country. In fact, of the factors of production that we learnt in Economics in school, in Kenya, land is above capital and labour. This can be seen in the fact that we have seen people in this country becoming instant millionaires and millionaires becoming instant paupers just because of issuance of a title deed or withdrawal of one. The issue of land has also been a source of conflict in this country. We have seen leaders in land cooperatives being brutally murdered. We have seen communities that should exist in harmony constantly fighting over ownership of land and grazing rights. Recently, the President bought armoured personnel carriers to ensure that peace and harmony is brought among these communities. This equipment is used in the military for war. In our electoral cycle of five years from the time we started multiparty elections, we have noticed that every five years there are clashes in certain areas among some of our communities. The last one culminated in the 2007/2008 Post-Election Violence. Some people wanted to say that, that was to do with elections. However, the issue of land was at the bottom of that. Kenyans have a solution to the land problem. This solution came in the year 2010 when we promulgated the new Constitution. This Constitution provides solutions. The Bill draws heavily from the Constitution of Kenya. In fact, I want to discuss this Bill on the basis of what the Constitution says about land. The guiding principles of this Bill are drawn from Articles 10 and 60 of our Constitution. Article 10 deals with values and principles of governance. These are issues to do with human rights, human dignity, equality and equity, social justice, non- discrimination and protection of the marginalised. It also talks about integrity, transparency and accountability. So, when those values and principles are applied to land issues in this country, then we will start to see solutions. Article 60, which is within Chapter 5 of the Constitution, is on issues to do with land and the environment. It talks about land being held, used or managed in accordance with these principles. Here we talk of issues to do with equality, access, security of land rights, transparency, cost effective administration and issues to do with gender, among many others issues. If the guiding principles that have been quoted in this Bill are followed to the letter, then we will begin to solve the problem of land. The Bill is anchored on Article 63 of the Constitution. I would like to look at one aspect of this Bill, which is an issue. I want to quote it because Members have mentioned it. This is Article 63 (3) of the Constitution, which says:- “63(3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held”."
}