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{
    "id": 664681,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/664681/?format=api",
    "text_counter": 309,
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    "content": "description and in any part of Kenya. Customary land rights belonging to community land have equal force of law as the land under freehold or leasehold title. The Bill provides that the Government may compulsorily acquire community land, subject to compensation and parameters of Article 40 of the Constitution. The role of county governments is to hold community land in trust for the community until it is fully registered. While holding such land in trust, county governments are not permitted to transact that land because, as I said, they are trustees. Once the registration takes place, county governments must hand over management of community land to the community in question following registration. Mr. Temporary Speaker, Sir, finally, there is a protracted process for registration of community land. The last issue I want to talk about is with regard to the community land management, communities which might be established and also the fact that for the first time, community land rights maybe enjoyed in a new way, especially with regard to common areas and grazing rights. This will go a long way in minimising the disputes and conflicts we have seen in our country over community areas, especially with regard to grazing and watering of animals. Clause 40 towards the end of the Bill provides for alternative dispute resolution mechanisms in respect of any disputes with regard to community land rights. It encourages alternative dispute resolution. This Bill makes it unlawful to occupy community land when such occupation is not based on any rights under this law. This law will go a long way in unfreezing the already frozen community land transactions by virtue of operation of Article 63(4) of the Constitution. Mr. Temporary Speaker, Sir, with those few remarks, I beg to move. I request the Senate Deputy Majority Leader and Senator for Elgeyo-Marakwet County, Kipchumba Murkomen, to second this Bill."
}