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{
    "id": 809405,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/809405/?format=api",
    "text_counter": 296,
    "type": "speech",
    "speaker_name": "Kitui South, JP",
    "speaker_title": "Hon. (Ms.) Rachael Nyamai",
    "speaker": {
        "id": 13374,
        "legal_name": "Richard Ken Chonga Kiti",
        "slug": "richard-ken-chonga-kiti"
    },
    "content": "for Early Learning and Basic Education on 15thMay 2018 and also the representatives from the County Government of Nairobi. These were the findings: Pursuant to the provisions of Section 107(1) of the Lands Act, the Committee observed that the process of acquiring this land occupied by the two schools for 34 years was initiated by the NLC upon receiving a complaint from the Afrison Import Export Ltd and Huelands Ltd on alleged historical injustices. This is not in order. In light of paragraph (1) above as I have stated, the Committee also observed that there was no evidence in terms of correspondence by the Commission to Afrison Import Export Ltd and Huelands Ltd in response to the complaint on historical injustices. You know very well that there are so many historical injustices in this country but the Commission decided that this should be classified as a historical injustice. Further, the Committee also observed that the Commission wrote to the Ministry of Education, Science and Technology on 13th September 2016 informing the Ministry of the complaint made by Afrison Import Export Ltd and Huelands Ltd. However, the Committee noted that it was not until five months later that this matter was responded to, that was on 7th February 2017. This looks like a very long time for response to this matter. In terms of valuation, the Committee observed that it was not clear from the valuation report of the Commission on the land occupied by the two schools the parameters or criteria used other than the stamp duty. There are many other ways of identifying including having Government valuers but they only used stamp duty. This is not in line with Article 201 of the Constitution. This is what they used to pay Afrison Import Export Ltd Kshs3.2 billion for 13 acres. On matters public participation, the Committee observed that although the Commission presented evidence of a Gazette Notice, there was no evidence to show where and how inquiry proceedings were conducted in these two schools. Further, the Committee made visits to the schools which were interested in this matter under inquiry and we realised that the two schools were not aware that the schools were being acquired compulsorily by Government. So the visit by the Committee and earlier letter from EACC is what brought to the attention of the two schools that their schools were being acquired compulsorily by the Government. There was also another problem in terms of acreage. The Committee observed that there existed inconsistencies in the actual acreage of the land being compulsorily acquired with the Commission submitting that the acreage was 13.7701 acres while the documents tendered showed that it was 13.5364 acres. From the outset, the Committee feels that the difference of 0.2 acres when you compare it with the valuation, it is a clear loss of Kshs48,142,200 to the Government. Further, the Committee made efforts to confirm the correct acreage of the land occupied by the two schools from the Ministry of Education, Science and Technology which is the acquiring body but we did not receive a document showing us the exact acreage. It was never confirmed. The Committee also observed that the NLC and the Ministry of Education, Science and Technology failed to explore the common law doctrine of adverse possession as a means of acquiring the land. We are saying this noting that these schools had existed in this place for 33 years. There was no matter which was in any court of law that informed the schools that the land belonged to an individual. So, in the common law and the doctrine of adverse possession, these schools had stayed long enough to adversely possess that land. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}