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{
"id": 627713,
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"type": "speech",
"speaker_name": "Hon. Melly",
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"speaker": {
"id": 12849,
"legal_name": "Julius Kipbiwot Melly",
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"content": "ownership. This Bill, if enacted, is going to entrench the rights of those communities. A number of communities have lost their land just because they lost their rights to individual land ownership rights. Clauses 15 and 16 provide for the administration and management of community land. In fact, in some instances, if those clauses are not provided for, some communities have been dispossessed of their land by individuals within the community, who are more knowledgeable and have an understanding of how to use their land. I want to commend the inclusion of Clauses 22 to 27, especially on the conversion of community land to public land or private land. This is where the bone of contention has been. The more knowledgeable members in the community, in most instances, have taken advantage of the less knowledgeable and less fortunate members, to convert land in a way that is beneficial to them. In this case, the rights of the minorities or the less educated in the communities are protected. In fact, the law has clearly spelt out how that land is going to be converted from community land to public land or private land. It has spelt out how the community is supposed to be involved in all those conversion levels. The rights of the individual, as a community member, are clearly spelt out in Clauses 28 to 35. Previously, individual community members, especially in group ranches and other type of land ownership, have, at times, been overshadowed by the more prominent and powerful group members. Hon. Temporary Deputy Speaker, in this case, the individual has been singled out and the Bill is very clear on how the individual has to enjoy equal rights and access to land. It prohibits discrimination on any ground, including race, gender, sex, marital status, ethnic and social origin. In a number of pastoral communities, women have lost their rights to ownership of land because of their gender. This clause indicates that any member, irrespective of gender, age or social standing shall enjoy particular rights in a particular community land ownership. The other land rights in the community are clearly indicated that, where the individual is a member of that group, he or she shall enjoy those rights. I would like to talk about the part where an individual has a role on the conversion of lands not as a person or his station of life, but as part of the owners of that particular group. When this Bill comes into effect, it will assist a number of communities to benefit and own land. It will also reduce land disputes because it is clear how they will be solved. Clause 40 of the Bill sets out rules on how to settle disputes relating to community land. If a dispute arises between members of two registered communities, Clause 2 states that the disputes will be resolved using any of the internal dispute resolution mechanisms as set out in the respective community constitutions. I would like to indicate that such a clearly spelt out way of settling disputes will enhance peace and stability in this country, which we have had problems with. We have had instabilities caused mainly by land. Such a well set out way in which disputes are brought to a conclusion amicably will assist our nation. In fact, you will find that in counties with large community land, groups have conflicts over ownership. But with this Bill, all those issues will be solved. Clause 17 of the Bill is clear on how community land will be given a title deed or ownership. It has spelt out how those communities can get title deeds and certificates of ownership. Earlier on, a number of communities have lost their land because they had no title deeds. Unscrupulous individuals could come up, demarcate the land, give themselves titles and the larger community was left with nothing. In some instances, they have curved almost the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}