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{
    "id": 664679,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/664679/?format=api",
    "text_counter": 307,
    "type": "speech",
    "speaker_name": ") The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Temporary Speaker Sir, I beg to move that the Community Land Bill (National Assembly Bill No.45 of 2015) be read a Second Time. This is a Bill to give effect to Article 3(5) of the Constitution in particular, to recognise land that is vested in communities. For a long time, we have had only three categories of land: public, private and trust land. Under the current constitutional order we no longer have trust land. We have community land, which is land vested in communities. Secondly, under the old order, community land or rather trust land used to vest in the defunct Local Authorities. In the proposed Bill, community land which is the successor nomenclature for trust land shall vest in communities. Thirdly, for the first time community land will be registered. This Bill establishes a register for community land. It provides for the process of registration and the steps that need to be taken. Before community land is registered, it shall vest in the county government which is enjoined under this Bill to hold the community land in trust. So, the principles of trusteeship apply to county governments. Mr. Temporary Speaker Sir, I want to highlight that it is only the unregistered community land that shall be held in trust by the county government on behalf of the community. Once the registration process is complete and the community is issued with a title conferring ownership rights, the county government is obliged to transfer that land to the respective community. I also want to highlight another issue that is in the Constitution. Article 63(4) which I am afraid may not have been honoured up to now provides that with regard to the former trust lands, that is land belonging to communities which was previously under the defunct local authorities, there should be no transaction associated with it. It cannot be disposed of or dealt with in any way whatsoever. In other words, a moratorium has been imposed by our Constitution on dealing with the former trust land which is now community land until this Act is in place. I hope with the interlude we have had between 2010 when the new Constitution entered into force and now, those who are responsible have not transacted in or disposed any trust land because that will be a contravention of the Constitution. Mr. Temporary Speaker, Sir, allow me to also point out that the principles of the National Land Policy (NLP) will apply to community land; so will the national values and principles of governance. Mr. Temporary Speaker, Sir, the Bill, in Clause 4, recognises a number of land tenure systems for community land, including customary land, freehold, leasehold and such other tenure that might be recognised under this Act or any other written law. The land rights in community land are protected in Clause 5 in terms of land of any The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}