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"content": "b) There are illegal/irregular allocations of the land against the original purpose for which the land was set aside with various public institutions on the land with no Cabinet Memorandum authorizing the change of the user for the Government land previously allocated and in custody of the Veterinary Department. c) The Veterinary Department has some limited activities on the land contrary to the original purpose of veterinary training and the department has shown laxity and complacency by not raising any complaint to various private and public institutions who have encroached and are actively using part of the land which is uncommitted by the Veterinary Department. d) On 8th October, 2012, Hon. Mohamed Kuti, EGH, MP, while the then Minister for Livestock Development warned the then Commissioner for Lands, Mr. Zablon Mabeya against allocating Government land to institutions or individuals without following due process which entail issuance of Cabinet Memorandum countersigned by the Minister for Lands, and such land can only be allocated after the Cabinet has discussed and authorized the same. The Minister further warned of possible cancellation of all allocations of Government land under the custody of the Ministry of Livestock Development. e) There are various groups like the Gikuyu na Mumbi claiming to be members of Kaputiei Clan of the Maasai community, and a group of people from Kajiado East and Kajiado West among others who appeared before the Committee and claimed to be the original owners of the said land. Hon. Speaker, as to the first prayer, the Committee recommended that the Ministry of Land, Housing and Urban Development in collaboration with the NLC should conduct survey on L.R.Ngong/Ngong/1959 to establish its actual size and review all irregular/illegal allocations and depositions of grants to private and public institutions with a view to establish if the correct procedure was followed in the reallocation of the said land, and if the procedure was not followed to immediately cancel such allocation pursuant to the Ministerial directive dated 8th October, 2012 and conduct adjudication and redistribution of the said land to its original owners. Secondly, that the Ministry probes the private and public institutions which irregularly and unprocedurally were allocated part of Ngong/Ngong/1959 to establish if they are sustainably utilizing the allotted parcels with the intention of varying such allocations with a view to reverting the unused parcels of land to the community and carrying out an adjudication and redistribution of the said land to the original owners. Thirdly, that the Ministry investigates the claims by the various groups with a view to establish the genuineness of their claim and those found to be genuine be included in the list of the people to be allocated land. Fouthly, the EACC and the Criminal Investigation Department (CID) conduct forensic audit of documents in possession of private entities occupying Ngong/Ngong/1959 with a view to prosecuting individuals who acted illegally and unprocedurally in that transaction. Hon. Speaker, as to the second prayer, it was granted by the Committee that the Ministry of Land, Housing and Urban Development and the NLC compel the Veterinary Department and any other Government institution regularly and procedurally allocated a parcel of land on Ngong/Ngong/1959 to surrender all the land which is unused and uncommitted back to the original inhabitants for adjudication and redistribution in keeping with the provisions of Article 63 of the Constitution and the Land Act, 2012 with regard to community land. 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."
}