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{
    "id": 851042,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/851042/?format=api",
    "text_counter": 373,
    "type": "speech",
    "speaker_name": "Sen. M Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "community. Sometimes, members of the community turn round and claim their land back, even though there is a public project on it. We have seen what happens with the National Government Constituencies Development Fund, (NG-CDF). Members of the National Assembly and CDF boards implement projects on land when the title to the land has not been sorted out. In this case, we have a publicly funded project on private land, for instance, a water project funded by the public but on a private land. Madam Temporary Speaker, just yesterday, we were discussing with Nyamira County on the Report of the Auditor-General and there were audit queries. Nyamira County has sunk boreholes and put up water projects on private land and they have signed agreements on paper somewhere there indicating that the owners of those parcels of land will receive water for free. What if the owner of the land decides, that it is not the proper value for allowing the water project to be on his land? So, if the Government came in to acquire the land in a compulsory manner, will it pay for the improvement that it had done? I believe that is something important because this Bill attempts to bring that clarity and, therefore, needs to be expanded further. Again, Madam Temporary Speaker, this Bill attempts to address the issue of compensation to persons who do not own land but have stayed on it for a period exceeding twelve years. This is referred to as adverse possession. It is a challenge that you have been sitting on a piece of land but with no piece of paper to show for the ownership, yet you have been there for twelve years and then the Government comes to acquire land. You should be compensated and that has been taken care of in this Bill. The procedure on compulsory acquisition has been abused and this is not due to lack of legislation, but simply because one has decided not to follow the law. Madam Temporary Speaker, if you look at Section 107 of the Lands Act as it is right now, the procedure is so clear. It states that compulsory acquisition must be initiated by a Cabinet Secretary (CS) or a County Executive Committee member (CEC). The National Lands Commission (NLC) cannot initiate a process of compulsory acquisition, it must be a Cabinet Secretary or a CEC. In fact, the NLC does not have the money, the money for compulsory acquisition comes from the acquiring authority. That is why sometimes it is very difficult to say that NLC has spent these number of billions in compulsory acquisition, because its budget is largely administrative and operational. The money for acquisition comes from the acquiring bodies."
}