{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147688","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147686","results":[{"id":1495062,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495062/?format=json","text_counter":188,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"Mr. Deputy Speaker, Sir, I was a member of the Mediation Committee. Thank you for giving me the opportunity to move the Motion. This is a report of the Mediation Committee on the National Rating Bill (National Assembly Bills No. 55 of 2022). I beg to move- THAT the Senate adopts the report of the Mediation Committee on the National Rating Bill (National Assembly Bill No. 55 of 2022) laid on the table of the Senate on Wednesday, 30th October 2024 and FURTHER, that pursuant to Article 113(2) of the Constitution and the Standing Order No.167(3) of the Senate, approves the mediated version of the Bill."},{"id":1495063,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495063/?format=json","text_counter":189,"type":"speech","speaker_name":"Sen. Kathuri","speaker_title":"The Deputy Speaker","speaker":{"id":13590,"legal_name":"Murungi Kathuri","slug":"murungi-kathuri"},"content":" You can say something on the Bill, because you are a member and you know its contents. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1495064,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495064/?format=json","text_counter":190,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"Mr. Deputy Speaker, Sir, as I said in my opening remarks, the Report contains the Mediation Committee on the National Rating Bill. The Committee held four meetings to consider the Clauses of the Bill that were under mediation and we arrived at a mediated version of the Bill. As I move this Motion, I would like to also applaud the objectivity that was observed in our meetings. The Committee is grateful to the Office of the Speaker, the Speakers and Clerks of both Houses of Parliament for the logistical and technical support that was accorded in the execution of its mandate. I would like to express my appreciation to Members of the Committee as constituted by the two Speakers, the Speaker of the National Assembly and the Hon. Speaker of the Senate, and the Committee Secretariat for their patience, sacrifice, endurance, and commitment to the assignment that we had, which enabled the Committee to complete this task within the stipulated time."},{"id":1495065,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495065/?format=json","text_counter":191,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Deputy Speaker (Sen. Kathuri) left the Chair]"},{"id":1495066,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495066/?format=json","text_counter":192,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"[The Temporary Speaker (Sen. Wakili Sigei) in the Chair]"},{"id":1495067,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495067/?format=json","text_counter":193,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"Hon. Temporary Speaker, Sir, we derived the mandate of the Committee from the provisions of the Article. We had four committee meetings to deliberate on the National Rating Bill. During the first meeting, as is procedural, the Committee elected the Hon. Joash Nyamache Nyamoko, HSC, MP, as the Chairperson and Sen. John Methu Muhia, the current Chairperson of the Lands Committee, to be the Vice-Chairperson, respectively, pursuant to Standing Order 166(4) of the Senate Standing Orders and Standing Orders 149 of the National Assembly Standing Orders. Mr. Temporary Speaker, Sir, I present to the House the clauses that were under mediation. The following Clauses of the National Rating Bill, National Assembly Bill No.55 of 2022 were considered by the Mediation Committee. In the Senate Amendment, Clause 2, the term ‘occupier’ as inserted means, in relation to rateable property, ‘a person who is in physical possession of premises or a person who has control over the premises.’ Mr. Temporary Speaker, Sir, I would like to give a short background of this Bill. The issue of valuation has been a challenging area, especially in the county governments. There have been inconsistencies in counties over how rating is done when valuation for property or land is done across the counties. That, you would have a property evaluated differently, but generally over just the same sphere in another county. For example, a piece of land would be valued at thousands of shillings, while in another county there is a different figure, yet environmentally there is no difference. So, we had areas that, after the Bill went in the Senate, the National Assembly was not in line with us. On Clause 2 and over the definition of ‘occupier’, the Mediation Committee considered the definition and after deliberation, we resolved not to adopt the proposal that was from the Senate. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1495068,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495068/?format=json","text_counter":194,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"Hon. Temporary Speaker, Sir, mediation is a give and take. The basis of this was that the Clause of the Bill already clarified the definition of a rateable owner, making it unnecessary, after our discussion, to provide additional clarification within the definition of ‘an occupier’. Hon. Temporary Speaker, Sir, the other contested issue was the valuation roll. However, after deliberation, we adopted the proposal as was submitted by the Senate. On the same Clause, the National Assembly was not consistent with the Senate on the definition of ‘the Chief Government Valuer’. However, after deliberation, what the Senate had proposed took precedent because we felt that in valuation and in order to have a harmony across the counties, we needed to create an office that is professionally backed up to ensure that all the valuation activities of the counties are harmonized across the country. That is why we had proposed as a Senate Committee, that we have the Chief Government Valuer, and the Mediation Committee agreed with that. The second Clause that we considered was Clause 12. The Mediation Committee deliberated and resolved to adopt the proposal as submitted by the Senate by inserting the words ‘the Council of Governors’ immediately after the words, ‘National Land Commission.’ Hon. Temporary Speaker, Sir, the Senate Committee, following up on the Constitutional spirit on consultation, felt that we had to insert ‘the Council of County Governors’ to be consulted across all the Clauses. So, we have in Sub-Clause 4, ‘in consultation with the Council of County Governors’ immediately after the words, ‘the Cabinet Secretary’. So, the Cabinet Secretary must consult with the Council of County Governors in making decisions of valuation, whether in setting guidelines or regulations, because it is until then that the interest of the counties would be taken in. The Mediation Committee deliberated and resolved to adopt the proposal as submitted from the Senate with the following modifications, that is, inserting the words, ‘the Council of Governors’. Mr. Temporary Speaker, Sir, I will then go to Clause 20. It is still following the spirit of consultation that I have referred to earlier. So, the Mediation Committee deliberated and resolved to adopt that proposal as submitted from the Senate with the following modification- Earlier, Members of the National Assembly were hesitant for us to have the Council of Governors consulted at all levels. They felt that the Cabinet Secretary would just make decisions on their own. However, as the Senate Committee, we felt that valuation or rating is a shared function. Therefore, in sharing the function, the Cabinet Secretary must consult with the Council of Governors. We brought the Council of Governors because of the fact that there is no other way in which counties would be consulted one by one. However, we felt that the umbrella body of the Council of Governors would be a rallying point for consultation with our county government. Mr. Temporary Speaker, Sir, on that, the Committee considered the proposal from the Senate to remove the requirement for the Cabinet Secretary of Land to review claims for contribution in lieu of rates and resolved not to adopt it. However, the Committee The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1495069,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495069/?format=json","text_counter":195,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"recommended and resolved on an amendment to the existing sub-clause, to clarify the role of the Cabinet Secretary for Lands, as indicated. On Sub-clause 6, there was reference that after valuation was done by county governments, there was a supposed reference that county governments having finished their valuation, they would submit these reports to the Cabinet Secretary, Ministry of Lands; who would then further review before submission. We felt that review would imply that the Cabinet Secretary was going to be given powers to even alter some of those rates. Therefore, after mediation, we agreed that the only role of the Cabinet Secretary after the counties had done their ratings, was not to review before submission, but to transmit that to the Treasury for payment. Mr. Temporary Speaker, Sir, there is Clause 50(30) of the Mediation Bill. The Committee deliberated and resolved to adopt the proposal from the Senate as proposed with a modification to delete sub-clause 3 of Clause 30 and insert the sub-clause 3 as a sub-clause under the proposed new Clause 30A as indicated. There is Clause 32 of the Bill. We agreed that we would be deleting the word “tabling”, appearing immediately after the words “county assembly for” and inserting, the word “approval”. Therefore, the main role of the county assembly is not only limited to tabling, but to also approve it. Mr. Temporary Speaker, Sir, in sub-clause 6, we inserted the word “for consideration” appearing immediately after the word “tabling”. This is to mean that the county assembly and once the rating has been done by the county executive and it is tabled for approval in the county assembly, then the county assembly shall, within 60 days of submission under sub-section 6; and by a resolution, approve or reject the draft revolution roll or the draft supplementary valuation roll. Where the county assembly fails to make a resolution within the period, the draft valuation roll or the draft supplementary valuation shall have been deemed to have been approved. The Committee saw in conclusion in that clause and deliberated. We, therefore, resolved to adopt the proposal as submitted from the Senate. We also have Clause 34 and it still refers to words of “county government”. The Committee deliberated and resolved to not adopt the proposal from the Senate in its current form. However, the Committee resolved to redraft the sub-clause 6 of the Bill to introduce a new provision that establishes procedures for handling objections after the valuer has received them. This Clause gives the comfort where an objection would be raised on a valuation. We might have a situation where there is an objection after valuers have done their work. We needed to get a way in which this would be treated. So, a valuer who receives an objection under that sub-clause 5 shall review the objection and submit a response to the CECM within 60 days. It then spells out that the CECM shall upon the receipt of that response of the valuer, constitute a County Valuation Board (CVB) and submit a response to objection to the board for determination. We agreed that we would not have a standing committee that would be drawing benefits. The CECM would create an ad hoc CVB when a need arises and a time frame is given upon which that can be reported back to the CECM. This board, referred to as a The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1495070,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495070/?format=json","text_counter":196,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"CVB, is established under Clause 6A and it shall hear and determine the objections, communicate the decision of the board in writing to the objector, the ratable owner, the CECM and the valuer. There is a provision that where a person is not then satisfied, under sub-clause 6(c)(b), an appeal may then be made before the tribunal as established in that Bill. There is the Senate amendment on Clause 56. The Committee deliberated and resolved to adopt the proposal from the Senate with the modifications on sub-clause one by deleting the word ‘may’ appearing immediately after the words, ‘the Cabinet Secretary shall in consultation with the Council of Governors (CoG).’ The National Assembly, as I had said earlier, was uncomfortable with the Senate introduction of the consultative spirit with the Cabinet Secretary. However, after long deliberations, we agreed, as a Mediation Committee, that we would have consultation with the CoG done by the Cabinet Secretary in all areas where the Cabinet Secretary has functions attributed to, as in the Bill. The Committee deliberated and resolved to adopt the proposal from the Senate as proposed with the following modification. That follows again in sub-clause two. It only emphasises that spirit of consultation that we have referred to. I bring you to Clause 24A where there is reference of the Chief Government Valuer. The Committee deliberated and resolved to adopt the proposal from the Senate as proposed within the following modification. The reference is made of a Chief Government Valuer, that there shall be a Chief Government Valuer who shall be the principal advisor to the national Government and county governments on all matters relating to valuation. Mr. Temporary Speaker, Sir, as I had stated earlier, we needed to have harmony in the way valuation is done and rates applied. The Chief Government Valuer should not only serve the national Government. It should be like the National Land Commission (NLC) that was created to serve both two levels of government. The Chief Government Valuer will be appointed by the Public Service Commission through a competitive recruitment process. We went ahead to indicate the qualifications. Some of them are not just limited to academics. Of course, the Chief Government Valuer must be a citizen of Kenya and must have a minimum bachelor’s degree from a university recognised in Kenya, either in land economics, real estate, or any other related field. As the Mediation Committee, we agreed that this is an apex in the profession of valuation. So, we indicated not only the years of experience. I want to convince my colleagues that the years of experience came about because of the years spent in the hierarchical growth in the profession. For you to be a Chief Government Valuer, you must have been a Head of Department (HoD) in that skilled area, must have held some positions in a county, or must have served as a director. This is basically aimed at protecting the profession, so that the two levels of government can get the best Kenyan who will give direction on areas of valuation and rating. That will ensure harmony across the 47 county governments with the one at the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1495071,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1495071/?format=json","text_counter":197,"type":"speech","speaker_name":"Sen. Ogola","speaker_title":"","speaker":null,"content":"national Government to ensure that Kenyans get the right services from this top officer who will be serving both levels of government. We also added that the person must be a full member of the Institution of Surveyors of Kenya (ISK) and in good standing. We have had officers holding high positions in this country, but they are not in good standing with their professional bodies. We felt as the Mediation Committee that we need a professional who has good records from their professional bodies. Lastly, Mr. Temporary Speaker, Sir, we need the Chief Government Valuer to be an officer who meets the requirements of Chapter Six of the Constitution. This is a constitutional requirement. If you are going to oversee valuation and rating in this Republic, county governments are going to look up to you for guidelines. Of course, these are guidelines that the Chief Government Valuer will not make by themselves, but in consultation with county governments and all the professional bodies. The officer must meet the requirements of Chapter Six of the Constitution. We do not want to end up with an officer who will abuse the rights of Kenyans. So, we thought this must be part of the qualifications. In Clause 24A, we established the Office of the Chief Government Valuer, who, as I have said, will be recruited competitively by the Public Service Commission through a competitive process. He or she will be the principal advisor on issues of valuation and rating. Mr. Temporary Speaker, Sir, I have indicated in this House that I happen to have worked in the County Government of Homa Bay. My first posting was as a County Executive Committee Member (CECM) in charge of Lands, Housing, Physical Planning and Urban Development. I dealt with the complex issues initially of the houses that were transferred from the defunct local authorities. Specifically, in Homa Bay, that was housing from the southern Nyanza, of course, now in Homa Bay, the then Homa Bay County Council. Mr. Temporary Speaker, Sir, we had houses as big as two to three-bedroomed houses, on their own plots. Nevertheless, it was a pity that some of those houses were being charged Kshs1,000. Therefore, how are the counties going to raise revenue to sustain even the servicing of these houses? Our actions were limited to the fact that valuation had not been done for a long time. You could not even review those charges without a valuation being done. We had houses for the national Government and for the county Government, and that is uniform in all the other county municipalities. This Bill will deal with some of those challenges. County governments have also dealt with the challenge of getting a valuer to value pieces of land when they are going to acquire land. The example I will give is of a county where I come from. We had one government valuer who was servicing the whole of Kisii County, Nyamira County, Homa Bay County and Migori County. Mr. Temporary Speaker, Sir, you had to chase him all over the place and yet, we have valuers graduating from the university. Consequently, even when county governments have employed these valuers, there are certain responsibilities they cannot take because of lack of harmonisation of rating. Hence, this chief government valuer, is going to set guidelines that will be rolled down and undertaken by county governments. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."}]}