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{
    "id": 814227,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/814227/?format=api",
    "text_counter": 188,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Clauses 3 and 4 propose to amend Sections 31 and 32 of the Land Act, 2012. What do they do? They limit the application of the principles of equity against land where you want to forfeit where land held under lease or licence is required for public purposes. The Government can compensate pieces of land in the interest of the nation either through building infrastructure work or doing infrastructure installations. Clause 5 seeks to amend Section 107 of the Land Act, 2012 in order to correct some typographical error and substitute subsection (4) with a requirement that the commission will ensure, upon its determination, that for you to acquire land, the laid down requirements must be met and the land that is the subject of adjudication is mapped and valued by a Government valuer using the valuation criteria set out in this Act. Clause 6 of the Bill proposes to introduce a new Section 107A that will provide for the criteria for assessing the value of land to be compulsorily acquired that distinguishes between matters to be taken into account and those to be disregarded. It provides for a compensation matrix to be paid to occupants of land in good faith. That section deals with how the Government acquires land through compulsory acquisition. Clause 7 of the Bill proposes to amend Section 111 of the Land Act, 2012 in order to provide for alternative allocation of land of equal value and comparable use as primary form of compensation. That section says that the Government can acquire land if that land is within the wayleave, the Standard Gauge Railway (SGR) or where the Government wants to build a serious national infrastructure. The Government will compensate you by giving you an alternative allocation of land of equal value to the one taken from you. It is about the transfer of equity in terms of development rights and equity shares in Government-owned by entities. Clause 8 proposes a minor amendment to Section 113 of the principal Act in order to align the provisions with the amendments proposed in Section 11. It is more of an amendment where this House has an opportunity to relook at the Land Act of 2012. Clause 9 proposes to completely delete subsections (2) and (3) of Section 114 of the Land Act, 2012 in order to align the provisions with the amendment proposed in Section 11. This Bill borrows from the Land Act of 2012. As we borrow from that Act in creating a land index where the land rent, land rates and the stamp duty will all be harmonised and standardised, there are certain provisions within this Bill that will be aligned to the parent Act. Clauses 11 to 16 seek to rectify some inconsistencies which were found in the marginal notes and some typographical errors. This has given us an opportunity to amend Sections 117, 118, 120, 121, 122, 124(3) and 125 in order to enable the commission to take possession of land upon making the award and prohibits courts from issuing orders stopping any public-funded project from proceeding after the formal taking-over has been concluded. This gives power to the NLC that where due process has been followed and the commission has acquired land on behalf of the Government for a major project, it prohibits courts from issuing orders stopping any public-funded project to proceed. Clause 18 proposes to establish what we removed earlier in that law, namely, the Land Acquisition Tribunal. It provides for the composition of the tribunal, the terms of office of the members and appeals to court. This is so that where the Government entity and the owner of the land do not agree in terms of the compensation, they can address their matter through the 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."
}