Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 814367,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/814367/?format=api",
    "text_counter": 328,
    "type": "speech",
    "speaker_name": "Isiolo North, KPP",
    "speaker_title": "Hon. Hassan Hulufo",
    "speaker": {
        "id": 13348,
        "legal_name": "Hassan Oda Hulufo",
        "slug": "hassan-oda-hulufo-2"
    },
    "content": "establishing the values, who needs to be compensated and also the timeline. In most cases, those who give out their land for public use often end up not receiving their compensation in a timely manner. Having said that, I think the land value index is an improvement on the two statutes. I would like to speak to a few amendments. Looking at the amendment to Section 31 of the Land Act, from the face value, it may look as if it may be in contravention with the Constitution. Of course, the courts are independent because Judiciary is an independent arm. Therefore, when we suggest that they should not consider a matter which is brought to their attention, probably it may sound a little bit unconstitutional. The wording encourages me not to oppose it because it says “the court may not grant leave.” We are just pro-giving the judges or the magistrates, whoever is going to look at whatever is brought to them; that if the land is being acquired for public use, even if there is delay in terms of what has been agreed on, then the judicial officer may not grant leave. There are other specific amendments particularly to Section 107 which are very important especially to areas where I come from. It is important to note that where I come from and especially most parts of ASAL areas fall in the same category, people do not have title deeds for land they own. It is not their fault, they applied for these documents but they were never given. Therefore, when I see an amendment which is in line with the existing laws it recognises that once you have occupied a piece of land for more than 12 years, you can claim it, you can be compensated for it, it can be mapped or valued and on the basis of the valuation you can be compensated. This is very important especially in the pastoral and ASAL areas. It is a good thing. The valuation process is a good thing, but there is some element which I am not personally comfortable with. If the Government in the interest of the country decides to put up a mega infrastructure where I have been residing, the aspect of anticipating and living there does not arise. Therefore, the value increases as a result of Government intention. Clause 107A (4)(a) says: In assessing the value of freehold land and determining the just compensation to be awarded for land acquired under this Act, an increase in value shall be disregarded if- (a) the increase in the potential value of land is occasioned by the intended use or development of the land to be acquired. If the railway line from Lamu passes through Isiolo and we have been living there and therefore we have not moved to that area in anticipation, the increase in value should not be disregarded. If I give up that land, I give it up with its new value as a result of that new development. Probably these are some of the things which I would like to see when it comes to the Committee of the whole House."
}