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{
    "id": 967533,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/967533/?format=api",
    "text_counter": 153,
    "type": "speech",
    "speaker_name": "Kitui South, JP",
    "speaker_title": "Hon. (Ms.) Rachael Nyamai",
    "speaker": {
        "id": 13374,
        "legal_name": "Richard Ken Chonga Kiti",
        "slug": "richard-ken-chonga-kiti"
    },
    "content": "(i) Whether requisite notice was given to the victims before evictions were carried out; (ii) Why security forces used excessive force in evicting peaceful peasant farmers; (iii)Why the Government has been slow in providing humanitarian support; (iv) Circumstances under which numerous households in Kiptuiya and Kapkangani areas have been issued with eviction orders yet they have occupied the land for years; and, (v) Whether there are plans by the Government to compensate the affected families or allow the families to occupy the land as promised by the CS and the timelines for the same. Questions (i), (ii) and (iii) fall outside of the mandate of the Ministry of Lands and Physical Planning. The CS recommends that the Committee invites the relevant Government agencies to respond to those issues. Those matters have to do with security. In this response, background and context are given. The Nandi/Kapkangani 272 land was registered to Kipkosgei arap Cheptulu. This registration was done on April 29th 1983 for the Nandi/Kapkangani registration section. Kipkosgei arap Cheptulu was the first registered owner of the parcel of land. The parcel of land measured approximately 11.2 hectares. On October 30th 2013, the title was closed on sub-division, giving rise to 14 portions numbering from 1371 to 1384 registered in his own name. Following a Succession Case No.221 of 2015 in the Kapsabet Law Courts, Sammy Kiprotich Kosgei and Clement Kiprotich Langat were appointed as administrators in the estate of the deceased vide grant of letters of administration dated November 30th 2015. The confirmation of grant yielded the titles issued on April 16th 2019. Certified copies of green cards are attached to this as Annexure 1 for reference by Hon. Osotsi. The matter has been in court for more than three decades with counter-appeals. The High Court sitting in Kitale on January 22nd 2019 ruled in favour of the title’s owner. On March 7th 2019, the Court issued execution orders that led to evictions in the above referenced parcels of land. A copy of the execution order is attached as Annex No.2A and the ruling on the Land Case No.167 of 2017, formerly Eldoret Environmental and Land Court No.270 of 2017, is also attached for reference by Hon. Osotsi. The CS in the Ministry of Lands and Physical Planning and the then County Commissioner of Nandi visited the area on July 2nd 2018. Following the visit, we engaged the administrators of the said parcel on the possibility of the Government acquiring the parcels of land for purposes of settling the affected persons. However, the owners were not agreeable to the proposal of the Ministry and the then County Commissioner. They opted for the orders granted by the Court. This is private land. The Government can only acquire it through compulsory acquisition or purchase it if the owners are agreeable. There have been circumstances where Government has negotiated with land owners to allow squatters to remain on the contested parcel of land in exchange for money as compensation. In conclusion, the evictions were carried out as a result of a court order. The order can only be verified by a court of law in the absence of an agreement to purchase. That was the response from the CS for Lands and Physical Planning, Hon. Farida Karoney. The attachments are here for Hon. Osotsi - who I can see is in the House - for reference. Hon. Speaker, please allow me to go to the second matter which was a Statement sought by Hon. John Paul Mwirigi on the eviction of residents of Amugenti B Adjudication Area in Igembe South Constituency. The response reads as follows."
}