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"id": 634151,
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "This Bill also deals with historical land injustices, another very emotive matter. The Land Registration Act, 2012, the NLC Act, 2012 and the Land Act, 2012, were enacted as required by the Constitution in the 10th Parliament. The laws were enacted and created a lot of inconsistency. The provisions created inconsistencies and some of them created overlaps between the functions of the NLC and those of the Ministry of Land, Housing and Urban Development. Their mandates were overlapping. The three Acts of Parliament have resulted in difficulties in the implementation of the Land Registration Act, 2012, the Land Commission Act, 2012, and the Land Act. I am sure every citizen and Member is alive to the many squabbles we witnessed in the last three years between the leadership of the NLC on one hand and the Ministry of Land, Housing and Urban Development. We are also aware of the advisory opinion given by the Supreme Court in this matter when both parties appeared before it. I hope the current Cabinet Secretary for Land, Housing and Urban Development, Prof. Jacob Kaimenyi, and the Chairperson of the NLC, Mr. Mohammed Swazuri, are under obligation to fulfil their mandate. As you recall, this Bill should have been passed by 27th August 2015. It was a requirement of the Constitution to address claims arising out of historical land injustices. It is for the purpose of Article 67(2)(e) of the Constitution. This is meant to give a prescription on the matter of minimum and maximum acreage with respect to private land, which was an oversight and was not provided for in the legislation that we did in 2012. It also seeks to amend the three enacted land laws. It is called the Land Laws (Amendment) Bill because we are amending all the three land laws. It deals with the NLC Act, the Lands Act, 2012 and the Land Registration Act, 2012. To address these inconsistencies and overlap of mandate that hindered effective implementation of constitutional provisions relating to land that went through the First Reading, the National Assembly extended the time to 27th August 2016. This is the last extension that we had. The importance of this Bill with regard to amendment of the Land Registration Act, 2012, the NLC Act, 2012 and the Land Act, 2012, which were enacted as required by the Commission for the Implementation of the Constitution (CIC) in order to clarify all these ambiguous issues, led to the stakeholders bringing this piece of legislation. These stakeholders are the NLC, the Ministry of Land, Housing and Urban Development, the private sector players, the Office of the Attorney-General and the Law Reform Commission. I will go through specific clauses to make it easier. It is a summary for Members to understand what these amalgamated land laws are dealing with. Clauses 2 to 41 contain proposals to amend the Land Registration Act and to clarify the roles between the NLC and the Ministry of Land, Housing and Urban Development in order to eliminate the overlap of the mandate that caused conflict between the two organisations. Clause 3 of the Bill proposes to amend Section 6 of the Land Registration Act to confer powers to constitute land registration units to the Cabinet Secretary in order to enhance harmony in the Constitution. Clause 5 introduces a new section that provides for the development and publication of a comprehensive programme throughout the country for registration of titles. It states that we must have a comprehensive plan, as a country, on the issuance of title deeds. Clauses 6 and 7 amend the Land Registration Act. Some of us have tracts and tracts of land and because of the climatic conditions in our areas we may be comfortable with livestock rearing. We may be doing very well and want to maintain those lands and turn them into 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."
}