2 Mar 2016 in National Assembly:
The involvement of the Government or the Cabinet Secretary in registration of community land is an area that has been a bit critical. We feel that the Government has a role in protecting communities. The community will identify itself. The only thing that the Government will do is to register the community. We have various registrars. This is an area which will have to be reviewed during the Committee of the whole House to ensure that the appropriate registrar is known clearly. There was a suggestion that communities register themselves as societies, but we had an in-depth look into the ...
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2 Mar 2016 in National Assembly:
On the issue of community register, the processes that should be followed are very well enumerated. This one will just have to be enforced, so that when a community comes up with delimitation of an area, they should identify a surveyor, so that they give the map, name, membership and the user, so that all the components of that land are included. On administration, the decision of the assembly or the membership is very important. This is an area that we need to look at carefully because we said an abiding decision according to the Act has to be okayed ...
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2 Mar 2016 in National Assembly:
end of the day, would like to have an individual ownership. As we hear from some of the communities, this Bill is there to stay as some communities would like land to be owned as such and indivisibly as community land as long as we live on this land. So, that is an area that we will explore and during the Third Reading, some of these stages will be properly effected. There is the issue of conversion of land from community land to Government land. The Bill has enumerated very well how conversion will be done either through compulsory acquisition, ...
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19 Nov 2015 in National Assembly:
Thank you, Hon. Deputy Speaker. I would like to thank the Whip of the Majority Party for moving this very important Bill, The Physical Planning Bill, 2015. I know very well that as a member of the Departmental Committee on Lands, we have been sitting down to look at ways on how to enrich this Bill. This is a Bill that has come with many challenges. When we went through it, we realised that there are other Bills that concern land like the Community Land Bill and the Land Use Bill which we are supposed to develop. There are very ...
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19 Nov 2015 in National Assembly:
The old title of the Bill was “The Physical Planning Bill”. When we went for discussions, it was very difficult to agree on the title because the letter and spirit of the Constitution talks about land use planning. So, we are yet to agree on the finality of that but we will have to change so that the same alters and reflects the need of the Constitution.
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19 Nov 2015 in National Assembly:
As the Constitution properly puts it, planning is a tool of development and it has to be used properly. The Constitution rightly puts it under Article 66 (1):- “The State may regulate the use of any land, or any interest in or right over the land, in the interest of defence, public safety, public order, public morality, public health, or land use planning.” When we tried to interrogate this Bill, we realised that it has many development issues ranging from the national issues of development, regional to local development issues. The issue of planning is very vital. It is very ...
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19 Nov 2015 in National Assembly:
It is, therefore, important for us to note the various strengths and weaknesses of the Bill some of which I am sure at a later date we will amend so that we align it properly. If you look at Clause 4, you will find that on the principles and norms, the Bill’s aim was to set out specific principles that would inform and guide the physical planning process from the spatial stage to development control and even give indication on how such principles will be applied. The Constitution talks about the principle of connectivity, sustainable land management use, polluter pay ...
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19 Nov 2015 in National Assembly:
governments. The county governments have been complaining that there are certain functions that we have taken away from them. We tried to harmonise this Bill with the Constitution so that whatever mandate the NLC has in the Constitution is also enshrined in this Bill. Clause 13 talks about the functions of the NLC relative to the powers of the Cabinet Secretary. We tried to balance the two so that even though the issue of land is devolved to the county level, there are other myriad uses of the plans that will require involvement at the national level. Therefore, this integration ...
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13 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I would also like to add my voice to this Bill. Before I go to the main Bill, I would just like to say that we have a number of constitutional bills that are coming to the Floor of the House. Being a Member of the Departmental Committee on Lands, I would like to urge this House to look at the Community Land Bill carefully and give the information that is required. For most of these constitutional Bills, despite the procedure they go through in Parliament, the main thing would be to study them ...
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13 Oct 2015 in National Assembly:
To add on that, I would like to say that this Bill is timely based on the fact that most people in the rural areas especially some of us who come from some constituencies, do not have a single courts. So, the issue of handling cases has been to a large extent confined to the people who have money and means. Every time you touch on the issue of courts, people panic. You realize that whenever people are taken to court, they are find it difficult to express themselves on an issue. This Bill is timely. Going through the clauses, ...
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