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{
    "id": 712528,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/712528/?format=api",
    "text_counter": 531,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Nyikal",
    "speaker_title": "",
    "speaker": {
        "id": 434,
        "legal_name": "James Nyikal",
        "slug": "james-nyikal"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker, for giving me opportunity to talk on the Land Value Index Laws (Amendment) Bill. This is an extremely important piece of legislation coming to us. We realise that it seeks to amend three Acts. The main issue which I support is standardising and harmonising the process of evaluating land particularly for compensation where public utility is required. There have been a lot of delays and a lot of speculation in processes because there has been no basis on which these decisions on the value of land are made. Many times, individuals have stopped public projects of great public interest and value because they can literally ask for any price they want or any form of compensation. Basically, this has just led to speculation. As other speakers have indicated, once it is realised that a certain area may be earmarked for development, people rush there and purchase land and literally stop development from going on. So, this comes at the right time. It is also important that it provides a basis for which issues like Land Rates and Stamp Duty will be based. As of now, every valuer will come and look at land in a place and say this is what this land costs and this is what you have to pay. At Cabanas on Mombasa Road, many people will realise that the exchange there has not been properly done. There was a great difficulty because the owner of one of the pieces of land around there got somebody to value the land at something like Kshs7 billion. The Government just decided it is not possible to pay for that piece of land at that rate. We know that people get compromised, including Government officers, when they valuing land because there is no criteria. In that case, it was a Government officer that gave that high value. It became impossible for the Government to turn round and reject the value that has been put in place by its officer. But if we had a criterion and standards of doing it, it would be very easy to overturn that decision and let the process go on. We cannot retard national development because of private interests. Therefore, this Bill does a great job in that aspect. In Clause 6, it sets the criteria for assessing the value of land for purposes of acquisition for public interest. That will do a great deal. Clause 7 sets the criteria for compensation and says that the best compensation is land of equivalent value. After that, it sets out other forms of compensation like monetary forms, bonds and whatever people like, like equity. That flexibility is important. But when we provide that flexibility, it is important that people are informed and educated. There are circumstances like in rural areas where people might not be conversant with this. So, it will be very important that people are educated and given the leeway to choose what form of compensation they wish to get. This Bill provides for that in Clause 9. So, I find that extremely useful. Clauses 11 to 16 provide for the process of taking over of public land by the Commission, but it indicates that once the land has been taken over for public use, then it seeks to stop court from awarding any orders. That is an area we will have to look at carefully. However well intended a process is, there must provision to check that excesses do not get in. So, I do not think we should say that we will stop the courts from getting in once the acquisition 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."
}