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"id": 627641,
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"type": "speech",
"speaker_name": "Hon. Bunyasi",
"speaker_title": "",
"speaker": {
"id": 2511,
"legal_name": "John Sakwa Bunyasi",
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"content": "Clause 3 says that community land can be held under customary, leasehold or freehold systems. It goes on to say that every person shall have the right, either individually or in association with others, to acquire and own property in accordance with any description and in any part of Kenya. That for me describes the ambivalent nature of this Bill. We accept, because of the details in the Constitution and as a growing society, that we want freedom to buy, settle and conduct any activity in any part of this Republic, but the first definition is not very accommodative of that. In theory, you can go anywhere that you would like. I just wonder whether anyone can settle in any part of the country. Is it one or the other? Both, if held tightly, would not allow for free movement that is very typical of Kenyans now. My other concern with this Bill is the issue of acquisition, including compulsory acquisition of land. On the issue of acquisition of land, it says that there will be just compensation. I do not understand. The word “just” is not defined. To me it is not an obvious term. In fact, it is a very complicated term. What is “just”? We know that it should be fair in accordance with market conditions. The value of land must mimic approximate market conditions. That I and other people can understand, but the word “just” is something else. Who determines what is just? In areas of forceful acquisition, the public sector determines what is just using fake valuations that are done by Government valuers; somebody who just sits in some corner. For example, if you took the whole of western Kenya and Nyanza put together---"
}