Kipchumba Murkomen

All parliamentary appearances

Entries 3351 to 3360 of 8498.

• 13 Nov 2018 in Senate: If this problem continues, it will become impossible to attract investors. They are running away to neighbouring countries because they have an assurance of a determined figure of money that can be paid to citizens of property owners for purposes of development. You will see what the law says when I start referring to the specific provisions. You will realise that in some parts of this country, as a result of a project being initiated in a particular area, suddenly the property owners will start asking for ridiculous amounts of money for compensation. I know that because we are dealing ... view
• 13 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, the first amendment is that of what a just compensation is. Section 2 of the Land Act, 2012 is being amended to allow a definition of what is fair compensation to mean that which has been assessed via the criteria established under this Act. Again, there is also a definition of what is prompt because the law says there must be prompt compensation. The amendment makes it clear that the prompt compensation is to be paid within a reasonable period of time, but not later than a year after a written undertaking between the Commission and ... view
• 13 Nov 2018 in Senate: This law is also being amended to ensure that if land is required for public purpose---I agree with most of the provisions, but since this Bill came from the National Assembly, I also have an obligation to point out a few things to the Senate and the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 13 Nov 2018 in Senate: Committees. One of such position is when it comes to the reference of Section 31 of the Land Act, 2012. That Section is important when it comes to protection of the interests of land owners and in relation to forfeiture of lease, if rent is unpaid or there is a breach of a covenant in a lease. There is a proposed amendment to Section 31(3) of the Land Act, 2012 which says that- ―If the court has declared a lease to be fortified under subsection (2), the Commission may re-enter upon the land.‖ That is once a court has made ... view
• 13 Nov 2018 in Senate: Section 32 of the Land Act, 2012 is also being amended to ensure that if land is required for public purpose, the court may not grant relief against forfeiture. That is an area that spots Section 32, forfeiture of license and lease. What is being done here is to try to control the courts. I know the frustration that public officers and the Executive – and even all of us, as persons who are interested in the development of our areas - have had with the courts in so far as court orders that stop projects and inordinate delays in ... view
• 13 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, in so far as forfeiture of lease and licence in Sections 31 and 32 of the Land Act, 2012, I think the relevant amendments--- I hope that when the Committee comes up with its amendments, they will agree with me that matters of the courts‘ discretion as to whether or not they will grant relief should be left to the courts themselves to make that decision based on the circumstance. This is because if a licensee or leaseholder has defaulted, the leaseholder themselves may not even be aware that they are in default. The consequence of ... view
• 13 Nov 2018 in Senate: therefore, it should be left to the discretion of the court, because Parliament cannot imagine all the circumstances and situations that may require that kind of approach. view
• 13 Nov 2018 in Senate: Section 107 of the Land Act, 2012 is also being amended to establish the mechanisms or how the Commission will acquire land for purposes of development or use in public by both national and county governments. Remember that acquisition of land is anchored in Article 40 of the Constitution, which provides for the protection of property. Property is being protected because it is a constitutional duty of the State to ensure that no one is deprived of his or her own property and that every Kenyan has a right to acquire land in any part of the country, and Parliament ... view
• 13 Nov 2018 in Senate: However, in subsection 3, there is a qualification to that acquisition, deprivation or ownership. It is noting that if the acquisition of land, an interest in land, conversion of interest in land or a titled land is in accordance to Chapter 5 of the Constitution which is related to land including end of a lease period of 99 years; if it is a lease holding property and so forth, that is for public purpose or interest and is carried out in accordance with the Constitution or an Act of Parliament, that requires prompt payment in full or just compensation for ... view
• 13 Nov 2018 in Senate: Therefore, to give flesh to Article 40(3) of the Constitution then the Commission must do a few things that have been provided from in this Act. (1) They must map out or cause the land to be mapped out and valued by the Commission using the valuation criteria established by the Act; and, (2) They must establish that the acquiring body has identified the number of and maintain a register of persons in actual occupation of land for uninterrupted period of 12 years and their improvements. Mr. Temporary Speaker, Sir, that is particularly when dealing with situations that have no ... view