Kipchumba Murkomen

All parliamentary appearances

Entries 3361 to 3370 of 8498.

• 13 Nov 2018 in Senate: Clause 5, (5B) of the Bill states that- 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: ―Upon receipt of the notice under subsection (5), the Registrar shall make an order, pursuant to section 76(1) of the Land Registration Act, 2012, prohibiting or restricting dealings with the affected portion of land thereof, until it vests in the acquiring body.‖ This is once that has been declared to be property supposed to be acquired or for purposes of compulsory acquisition. Mr. Temporary Speaker, Sir, how then will you determine the value of land? How will one arrive at the value of land? The reason this section is being provided for is to cure the particular moles that we ... view
• 13 Nov 2018 in Senate: cost of property in that area. We will deal with the Public Private Partnerships (Amendment) Bill (National Assembly Bills No.52 of 2017) and the role of county governments in PPPs tomorrow. This is another law which will require a few more amendments to also accommodate certain concerns of counties. Clause 6 (3) states- ―In addition to any other principle that may be employed in calculating the land value index, the declared value of the land for purposes of payment of rates, rents or stamp duty shall be taken into account.‖ This is another very interesting story. Initially, before the Standard ... view
• 13 Nov 2018 in Senate: Therefore, in calculating how much is going to be paid, those are some of the factors that must be put into consideration, and this is the reason; it will deter such practices. If you impose or force and say that the rates you should have been paying is this much in this area, there is nothing wrong with the Kenya Revenue Authority (KRA) coming after you to ask for rates for that land for the many years before. This is because you have exaggerated the value of that property. Clause 6(4) states- ―In assessing the value of freehold land and ... view
• 13 Nov 2018 in Senate: You cannot also say that the value of land will go up because the person who will develop the land will build a dam, which will bring a lot of money or electricity. Therefore, you cannot ask for an amount of money that is equivalent to a situation where the dam is there already. You cannot lease the intended use of that property to ask for a higher amount. Clause 6 (4) (c) states- ―The increase in the apparent value of land is occasioned by any development or improvement to the land if- (i) the improvement was made on the ... view
• 13 Nov 2018 in Senate: and not in contemplation of proceedings for the acquisition of the land: provided that where the national Government or the county government makes changes in the use of the land compulsorily acquired to affect other land owners, these owners shall be excluded from the application of this provision.‖ As I said, these two years are very important, because it is just assumed that a lifespan of a government is five years and it has a manifesto and planned to do this and that. Some people who have insider information could use it within a certain small span of time to ... view
• 13 Nov 2018 in Senate: of the notice of intention to acquire the land, if that specific land which an announcement was already made, of the intention to acquire, then that cannot affect the neighbouring land. If the improvement in that land is contrary to any law--- For example, if you are building on riparian land or using it as a dumping site for waste, it cannot be a basis of compensation to claim that you will have a higher value, because that improvement is contrary to the law and public health. Mr. Temporary Speaker, Sir, there are other factors that may not be taken ... view
• 13 Nov 2018 in Senate: Two, damage will largely be sustained by the person who is using the land at the time the Commission takes the possession of the land, injuriously affecting other properties whether movable or removable for instance houses, wheat, and maize. Those are the factors that can be considered. view
• 13 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, Clause 6 (6) (c) states- ―If in consequence of the acquisition, any of the persons interested in the land is or will be compelled to change residence or place of business, the payment of reasonable expense to be determined by the Commission.‖ For instance, if I was having a business or doing something that is valuable to me in the land, the inconvenience that is occasioned by the acquisition of that land, like moving out, buying land and establishing business elsewhere or even moving cows from the land that must be considered. The damage genuinely resulting ... view
• 13 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, in dealing with those profits, you must give proof of evidence and that evidence must not only contain the profits you make, but also the tax returns that you file. There is nothing that people fear than taxes in this country, because if you walk backwards from the taxes you pay to the profits you make, there are people who will run away. Mr. Temporary Speaker, Sir, on the rules that will affect the compensation of pieces of land which do not have title deeds, people are occupying many pieces of land across the country in ... view