All parliamentary appearances
Entries 2961 to 2970 of 4273.
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26 Apr 2012 in National Assembly:
I know that hon. Ogindo wants to be a governor. Clause 13(4) says:- “At least thirty days prior to the allocation of public land, the Commission shall send a notice to the governor in whose county the public land proposed for allocation is located and to the head of the governing--- ”
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26 Apr 2012 in National Assembly:
Whether it is land belonging to the national, they still have to send that notice to the governor. It is not only the governor, but there are lots of people under that provision that must be notified. So, if you read it all together, you will find that the only way now to fill the gaps is through prescription of the rules. There are other subsequent provisions on, for example, reserved public land on Clause 14. Let us read them all together and then you can see the sense.
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26 Apr 2012 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, that is why I am asking him to read everything. For example, for investment, under sub- clause 3 on page 305, the Commission shall set aside land for investment purposes.
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26 Apr 2012 in National Assembly:
Then, if you want it for investment, there is a criteria also. So, they are all categories of what land is required for. If it is for investment, it will be reserved and then you can apply according to the rules. For example, there are instances, like in a lot of county councils, where you will find land being given out and not a single person has used it. The Commission has taken it back, but it was for a specific purpose, say, a residential development and there are 200 units. So, as the amendment which his carried out by ...
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26 Apr 2012 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I think there is a provision that I am just trying to put my fingers on. But you will find that in this legislation we have tightened the fact that it is not going to be possible for you to be given land and then you decide to use it for another purpose, and you cannot sell it. We discussed it in Mombasa quite extensively and Mr. Ogindo who is a Member of the Committee should have been there. This is one of the areas where people were kind of feeling that this---
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26 Apr 2012 in National Assembly:
Mr. Chairman, Sir, I have found it at sub- clause 9 on page 306. It reads:
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26 Apr 2012 in National Assembly:
“Public land allocated under this section shall not be sold, disposed of, subleased or subdivided, unless it is developed for the purpose for which it was allocated.”
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26 Apr 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, first, I was thinking that there would be reference to the Interpretation and General Provisions Act, Cap.2, as to what a gazette means. Probably, that is where to put it. There may be some counties which may not afford to have this gazette. So, to the extent that it says “and”; I am not really saying I am supporting or opposing, but in case a county does not have a gazette, what do we do?
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26 Apr 2012 in National Assembly:
I am just contemplating. The Government does not publish the Kenya Gazette all the time, but I am saying if, for example, we have a county which cannot actually have a county gazette, does the whole process die? Probably if we had an amendment like “and/or,” so that it is not mandatory. If Mr. Ogindo accepts, then we can have an amendment to his amendment. Instead of saying “and”, it should read “and/or County Gazette”.
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26 Apr 2012 in National Assembly:
I am addressing the Chair now. You and I know where the law requires gazettement, sometimes it can cause a lot of problems; if you do not gazette, then the whole process dies. I do not know whether that is what you want. We have a situation where somebody has valid petition, request or action to undertake and he actually proceeds to do it, but because it was not placed in the Kenya Gazette, not out of his fault, because normally to place a notice in the Kenya Gazette, you have to submit it before Tuesday preceding the Friday. So, ...
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