Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 634066,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/634066/?format=api",
    "text_counter": 147,
    "type": "speech",
    "speaker_name": "Hon. Ekomwa",
    "speaker_title": "",
    "speaker": {
        "id": 2940,
        "legal_name": "James Lomenen Ekomwa",
        "slug": "james-lomenen-ekomwa"
    },
    "content": "It is indicated here that if you do not trace the owner of the land, the CS can decide within 14 days or 100 days to go and inspect that land. I am very sure they will be denied entry to that land because on community land every tree, stone or sand has its owner. So, you cannot say that it does not have an owner. In our community, there are trees that are very holy and are used for cultural purpose. You cannot cut that tree whether you go to heaven and come back. This is because the value of that tree is attached to the whole community. So, when you say that you will compensate, how will you compensate the whole community? How do you compensate the value the community has for that tree? It is not possible. The only way is to divert infrastructure so as not to pass near the tree. That scenario is not provided here and it needs to come out clearly. It is not just a tree. There are some areas that have cultural attachments and communities use them to carry out initiations. Such areas should not be interfered with even if you have an important function for the public. These are the issues that must be brought out clearly in the Land Community Bill. Once that is done we can apply it in the Energy Bill. The other issue that I have observed is that whenever an investor comes to invest, he is given a permit by the CS and when he goes to the county government, he starts a new process. The county government tells him that he cannot go to that land until he squares it out with it. After that the same investor will have to go to the community which will cancel everything and start fresh negotiations. This is not clear in this Bill because this investor will be dealing with long bureaucratic process. So, the best thing is that this has to come out clearly on who an investor should consult whether it is the community, the CS or the governor. This is because in the Community Land Bill, the community recognises itself. It is until you go and talk with the elders and the owners of that land that you will get access to that land. I have seen investors getting it rough when they come for exploration. This is because when they visit the CS they pay some fees. They also pay some fees when they visit the county government. When they visit the community they ask: “We have paid the CS and the county government, what do you want?” Then the community will also ask: “Does this land belong to the governor or the CS?” It belongs to the community. So, let that one be clear as we make amendments to this Bill in the Committee of the whole House stage. We have to bring it out clearly. We have realised that most of these resources are found in marginalised areas or areas that were historically oppressed and are underdeveloped. We have seen a scenario where because of the importance of these resources, be it oil or geothermal, the Government wants to build infrastructure in such areas. It is because of these resources that the Government wants to develop that area. We want to correct that perception. The pastoralist areas such as Turkana deserve the same services offered to people in Nairobi. So, since we have realised that the only way we can be remembered is when a resource has been found in an area, we want to pass this message to the Government and investors, that because that is the only God given resource in our place, we will solve all our problems before the resource is taken from our area. If we did not have roads, then the roads have to be built first. The same will apply to water and power supply. This has to be done before oil or geothermal energy is exploited. This is because that is the only opportunity that we are getting. Were it not for our oil, nobody would have remembered us. We could have been categorised under “others” that are marginalised. This is the time we have become relevant in Kenya. So, we need to be considered and given priority. 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."
}