All parliamentary appearances
Entries 331 to 340 of 1067.
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20 Apr 2016 in National Assembly:
Existing rights to 35. (1) Any person who immediately before the commencement use and occupy of this Act, held a right to use and occupy any part of community land. community land, whether by virtue of any authority granted under any law or otherwise than under a lease, may continue to use and occupy such land under that right, subject to the same terms and conditions until the lease expires, after which the provisions of sections 28 and 29 shall apply. (2) Any conversion which commenced before the promulgation of the Constitution shall be deemed to have commenced under this ...
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20 Apr 2016 in National Assembly:
Hon. Temporary Deputy Chairlady, on this clause, we are proposing that any conversion which commences before promulgation of the Constitution shall be deemed to have commenced under this Act. Any conversion that commences after promulgation of the new Constitution shall be null and void. After the promulgation of the new Constitution, there has been a rush by the county governments to deal with community land. We are saying that whatever transaction is done by the counties or any other body after the promulgation of the Constitution is null and void because the Constitution is very clear. That is why we ...
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20 Apr 2016 in National Assembly:
Hon. Temporary Deputy Chairlady, I am happy with the concerns which Hon. Serut has. However, it is important to note that before the Constitution of Kenya 2010, there was no community land. It was called trust land. At that particular time, the county councils and municipal councils could transact on those lands. There are other laws governing where there is fraudulence. The county governments are supposed to hold this land in trust of the community. This Bill says that there cannot be any further transactions. Therefore, any activity that has been done after we got the Constitution of Kenya, 2010 ...
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20 Apr 2016 in National Assembly:
On a point of order, Hon. Temporary Deputy Chairlady.
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20 Apr 2016 in National Assembly:
Hon. Temporary Deputy Chairlady, I am rising on a point of order for the wordings and the statement by Hon. Fatuma that the Committee could have been a beneficiary of the corrupt deals that had been done before the promulgation of the new Constitution.
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20 Apr 2016 in National Assembly:
Hon. Temporary Deputy Chairlady, we are doing this law for the improvement of this country. How can she insinuate that? Can she prove that any member of this Committee benefited from the earlier deals?
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20 Apr 2016 in National Assembly:
I can understand the point from which every Member is talking. However, even before I drop or stand by my amendment, it is important that I am also heard. Since 2010, when the description of a community land was done by the Constitution, I want to know where the Constitution says other transactions in that particular community land would be null and void. Do I just go against the Constitution, which is superior to this law we are making so that I can appease Kenyans? The only option we have now---
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20 Apr 2016 in National Assembly:
I will read the provision of Article 63(3) and (4) of the Constitution. It states:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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20 Apr 2016 in National Assembly:
“(3) Any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held.” (4) Community land shall not be disposed of or otherwise use except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively.” Hon. Temporary Deputy Chairlady, that is exactly what I am trying to do here. After 27th August 2010, no other activities should have taken place on a community land. I am just conferring in this Bill what the Constitution says.
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20 Apr 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Chairlady. I beg to move:- THAT, Clause 37 of the Bill be amended− (a) by inserting the words “Subject to any other relevant written law” at the beginning of the opening sentence; (b) by renumbering the existing clause as sub-clause (1); (c) by inserting the following new sub-clauses immediately after sub-clause (1)− “(2) An agreement relating to investment in community land shall only be made between the investor and the community. (3) No agreement between an investor and the community shall be valid unless it is approved by two-thirds of members at a community assembly ...
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