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{
    "id": 851041,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/851041/?format=api",
    "text_counter": 372,
    "type": "speech",
    "speaker_name": "Sen. M Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "It cannot be prompt if communities and persons are deprived of their land for Government purposes then we define ‘prompt’ as saying that compensation can be rendered in a period not exceeding one year. That is a definition that that Committee on Lands, Environment and Natural Resources and this House should look at and reject, so that we have a timeframe that is in line with our common man understanding of the word ‘prompt.’ The second thing that this Amendment Bill tries to do is to say where the Government acquires land in a compulsory fashion, the valuation shall be based on a land value index developed jointly by the national Government and county governments. Madam Temporary Speaker, this is a good idea but it probably needs more prescription on how it will come about. I do not know whether there is an up-to-date plan value index that has already been developed jointly by these two levels of governments. I am aware that the County Governments’ Act requires every county government to come up with a spatial plan, a 10 year-land plan and usage policy which is reviewed regularly. We have not done an audit, as the Senate, to find out whether counties have complied with that provision and requirement of the County Governments Act. I know for sure, there are many counties that still do not have these spatial plans. When it comes to issues of land use, properties and rates in our counties, there is a valuation roll; which counties use to identify all ratable properties within their jurisdiction. When we sit in the County Public Accounts and Investments Committee, to challenge governors on rates or own source revenue coming from rates, we realize that there is no single county government that has updated it is valuation roll. As a result, they are using outdated valuation rolls, which limit their revenue potential on property rates. Madam Temporary Speaker, it will then be important that in this Bill, we prescribe the manner in which the county governments and the national Government shall engage to come up with this land value index. In other words, to what extent should that land value index be updated, in what form and manner should it be maintained. Madam Temporary Speaker, this Bill also establishes the tribunal. My colleagues have expressed their concerns about the tribunal; where I hold a different view from one of the speakers who have spoken before me; Sen. Cheruiyot, you cannot aspire to represent all the stakeholders in a tribunal because this is not a committee. Therefore, it is difficult to say that county governments should be represented in that tribunal. However, I believe that this is a matter for further discussion. The Land Act already has provisions for the land and environment court that is properly established in this Republic to be seized of matters to do with land. This tribunal, therefore, will just be one step between the complainant and the land and environment court, in the various stages in the judicial process. Madam Temporary Speaker, this Bill also attempts to address what happens when there are improvements on land. One interesting thing, which this Bill has not talked about is; what if the improvements on land have been undertaken by the Government, would they then be valued and will the owner of that land be compensated for the improvements that he did not contribute to? I say this because I know there are many public institutions that have been built on land that has been donated by members of the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}