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"id": 837594,
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"type": "speech",
"speaker_name": "Bondo, ODM",
"speaker_title": "Hon. Gideon Ochanda",
"speaker": {
"id": 1264,
"legal_name": "Gideon Ochanda Ogolla",
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"content": "While I recognise that there are a number of things that are still a problem, those are internal historical issues that can be addressed through amendments. In the proposed amendments to Sections 4, 5 and 6, there is the issue of the CS coming up with a team to undertake delineation of boundaries of urban areas, giving that team powers to create an urban area that cuts across counties such that you can get one single urban area cutting across more than one county. When there is a problem, it is transferred to the county Council of Governors. There is a big anomaly here. We are seeking to give powers to the CS to create problems and then transfer those problems to the Council of Governors. I can see an anomaly that is internal in terms of the proposed changes. The Senate has not looked at the land regimes that we have in the country in terms of the historical arrangements of the land tenure system. Before the promulgation of the Constitution of Kenya 2010, we had a land tenure system that allowed for what we called “trust lands”. Under trust lands, there were clear demarcations of markets under the trusteeship of the county councils. All those still exist in law. However, the new law does not take care of trust lands. When this new law is enacted, all those will not be taken care of. I am saying this in the sense that you can go to a place that is clearly demarcated under what we call trust lands like a market, but it may not qualify to have 2,000 people. Meaning we will have a market under the demarcation of a public land but when it comes to the Urban Areas and Cities Act, that area is not a market. I have seen this contradiction and it needs to be sorted out by this Amendment Bill."
}