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{
    "id": 627630,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/627630/?format=api",
    "text_counter": 178,
    "type": "speech",
    "speaker_name": "Hon. ole Sakuda",
    "speaker_title": "",
    "speaker": {
        "id": 442,
        "legal_name": "Moses Somoine ole Sakuda",
        "slug": "moses-ole-sakuda"
    },
    "content": "The principal objective of the Community Land Bill 2015 is to provide for a legislative framework to give effect to Article 63 of the Constitution and provide for the four pillars that seek to recognise, protect and administer community land. With the four pillars, this Bill seeks to put to rest a lot of issues that the Members have been raising. As a Committee, we assure Members that we invited many stakeholders including the PPG caucus to bring amendments which we have since considered. I encourage Members to look at the proposed amendments that are before the Committee. We have adopted the amendments for introduction to the Bill during the Committee of the whole House stage. One of the most critical provisions of the Bill is that it seeks to revert back the ultimate authority over community land to the people. Clause 6 gives the county government authority to hold unregistered community land in trust on behalf of the communities. A number of our Members have expressed fear due to lack of consultation by the county government when it comes to investment on community land. We have handled a lot of cases. The Ministry and the NLC informed the Committee about a number of cases where governors, without consulting the communities, sign memoranda of understanding with investors and enter into deals involving natural resources that are within community land. This Bill seeks to put to rest that difference between holding in trust on behalf of the community and the community having a say as to what should be done with their land. When it comes to investment or exploitation of resources from a community land, the community shall have a bigger role to play in making the final decisions. Hon. Speaker, Part IV of the Bill provides for the nature of community land title. It contains provisions that set out interests conferred on a community upon the registration of community land. The rights of the community, as the proprietors, are of registered community and the conservation and management of resources in community land. Part V of the Bill contains general provisions relating to conversion of community land. It provides for the process through which community land may be converted to either public or private land viz-a-vis the process through which public or private land may be converted to community land. This part also provides for the setting aside of community land for purposes of public use. During the previous dispensation, we saw how local authorities abused the trust vested in them as far as land is concerned. Instead of setting aside trust land for the public, they gave it away for private use. This Bill seeks to put such issues to rest, so that public utility land can strictly be used for the intended purposes. Part VII of the Bill contains provisions relating to the management of the environment and natural resources within a community and the benefit sharing rules and by-laws. In our amendments, we have flagged out this area and made it clearer and simpler in terms of the benefit sharing criteria and who will own the names that appear in the title. We have deliberately gone a step further to ensure that all this is included. This is a very important and timely Bill. As I have said, on behalf of the Committee, we have made room for several amendments. We also welcome any Members who have any private amendments. We were even suggesting that before the beginning of the Third Reading, if it would be possible, we hold a Kamukunji . This is a very critical Bill, so that we can go clause by clause and sentence by sentence with the Members for them to be comfortable that some of their proposed amendments and fears are carried."
}