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{
    "id": 851050,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/851050/?format=api",
    "text_counter": 381,
    "type": "speech",
    "speaker_name": "en. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "I have looked at this Bill and the proposed amendments and some of them worry me quite a lot. The intention appears as if it is good but what is questionable is the way of making sure that the issue of land is dealt with accordingly. I do not have a problem with setting up a tribunal but I have a problem when this Bill tries to clip powers from the land court. We have a lot of people in this country who have got land but have not paid rates because of the economic challenges. Sometimes, it is very difficult for one to even pay for their fuel. We might have someone who probably has a lot of land that was bequeathed to him by his grandfather or his forefather and all of a sudden he cannot pay the rates. This Bill is proposing in Clause 4 that:- ‘Despite subsection (3), if the land is required for a public purpose, the court may not grant relief against forfeiture even if the licensee makes good the default.’ How many people default in paying their loans? How many people make good of that? If you take away the powers of the court to give people relief, then where are we going? I think that it is important that when we compulsorily acquire land for the good of the public, we first of all consider the rights of the owner of that land. Article 40 of the Constitution is very clear that everybody has a right to own property and every person has a right either individually or in association with others to acquire and own property. If I acquire land and I own it, this Bill is saying that the value of that land should remain stagnant in two years’ time and if the Government wants to acquire that land to develop something huge that will incidentally increase the value of that land, that should not be considered. I do not think that Kenyans are listening. It is a high time that I remind Kenyans that it is imperative that they read the text. When the Committee on Lands, Environment and Natural Resources was holding public hearing of these amendments, those halls should have been flooded by Kenyans reading the text because if they do not, they will be holding demonstrations tomorrow, which will not help them. The Constitution is very clear that when the Government intends to acquire land compulsorily, compensation should be done immediately. Where do you expect people to go and live if you say that they will be paid within 12 months or within a reasonable time of the taking of possession of the land by the commission? Or what happens when they have a written undertaking indicating the appointment dates not being more than one year from the date of the undertaking when compensation is to be made. That is wrong. If you want to acquire my piece of land and make it public and put up a road, then compensate me promptly. This is why Kenyans should read the text, contribute and help us to understand their needs because we could rush when we are. Madam Temporary Speaker, earlier today, I was listening to the Majority Leader in The National Assembly on YouTube castigating the Senate for delaying Bills. I want to correct him that we are not delaying the Bills, we are reading the texts. We want to understand the changes that they want to bring in that will affect the future generations. Madam Temporary Speaker, about three weeks ago, a gentleman from Narok called me and told me that his house is being demolished to pave way for the Standard Gauge Railway (SGR). He was told that the land will be acquired forcefully and he will be given Kshs1 million to look for somewhere else. That gentleman used to work in 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"
}