14 Nov 2018 in Senate:
Thank you, Madam Temporary Speaker. It is difficult to make a comment on land issues after Sen. Orengo has spoken because he is the architect of the legal reforms around land that we enjoy today. There are two questions in my mind as I address these proposed amendments to the Land Act which, as Sen. Mutula Kilonzo Jnr. pointed out, appear to be inappropriately titled as the Land Value Index laws (Amendment) Bill. In effect, we are amending the Land Act and I think one other legislation that deals with resettlement of displaced persons. Two questions that come to my ...
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14 Nov 2018 in Senate:
been land law reform, without really looking at the key issues around distribution, injustice and cultural norms that were disrupted by colonialists.
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14 Nov 2018 in Senate:
Before the White men came to this part of the world, we had communal tenure. Nowhere was this stronger than in pastoralist communities like the Maasai. Even in my community, among the Luo, you would not say that you owned land. Land was held by the community. You would exercise something that was close to usufruct because you would go out, clear land and put it into productive use. You would only claim land that you had put into productive use, unlike what we have today; that you can claim thousands of acres of land where animals and other things ...
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14 Nov 2018 in Senate:
Sen. Orengo has addressed the question of who owns the land, because he has referred us to Article 61 (1) of the Constitution that clearly states: “All land in Kenya belongs to the people of Kenya collectively as a nation, as communities and as individuals.” To the question of who owns the land, I am convinced that the intention of the drafters of the Constitution, when they put in Article 61(1), was that land would be held by the State and for use and enjoyment of all Kenyans in an equal manner. Unfortunately, the implementation of the intention has not ...
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14 Nov 2018 in Senate:
It cannot be prompt if communities and persons are deprived of their land for Government purposes then we define ‘prompt’ as saying that compensation can be rendered in a period not exceeding one year. That is a definition that that Committee on Lands, Environment and Natural Resources and this House should look at and reject, so that we have a timeframe that is in line with our common man understanding of the word ‘prompt.’ The second thing that this Amendment Bill tries to do is to say where the Government acquires land in a compulsory fashion, the valuation shall be ...
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14 Nov 2018 in Senate:
community. Sometimes, members of the community turn round and claim their land back, even though there is a public project on it. We have seen what happens with the National Government Constituencies Development Fund, (NG-CDF). Members of the National Assembly and CDF boards implement projects on land when the title to the land has not been sorted out. In this case, we have a publicly funded project on private land, for instance, a water project funded by the public but on a private land. Madam Temporary Speaker, just yesterday, we were discussing with Nyamira County on the Report of the ...
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14 Nov 2018 in Senate:
Madam Temporary Speaker, once the initiation is done, there has to be a gazetted notice of intention to acquire, notice of inquiry, survey, award, transfer and surrender. With such clear provisions, today, you will hear it reported that Integrity House, the one that houses the Ethics and Anti-Corruption Commission (EACC), was acquired in a compulsory manner by the NLC at a cost of Kshs1.5 billion. However, it is reported that the owners remained unknown. The procedure for compulsory acquisition cannot put you in a situation where you buy land where the ownership is unknown. When you do the inquiries or ...
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14 Nov 2018 in Senate:
Madam Temporary Speaker, in Homa Bay County, we have an airstrip that requires to be expanded. The airstrip in Homa Bay measures about 1,100 metres, but with these measurements, it cannot handle large aircraft that can carry our fish and send them directly to New York. It can only handle the 13-seater aircraft. In a conversation with the Chief Executive Officer (CEO) of one of the airlines that are flying to Homa Bay, he tells me that all we need to do is expand the runway by an additional 500 metres and that will allow cargo and bigger planes with ...
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14 Nov 2018 in Senate:
Madam Temporary Speaker, when we say that we are going to use a land value index, that will make it consistent, predictable and will allow the communities living around the airstrip in Homa Bay County to know that if they are to give up their one acre, they should be compensated an amount that is fair as compared to those people who are being compensated on the Standard Gauge Railway (SGR). It is for that reason that I support the intention of this Bill. There are other issues that have been raised that could then be corrected as we continue ...
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14 Nov 2018 in Senate:
Unfortunately, what we have is far from that expectation. I do not want to enter judgment on the conduct of Dr. Swazuri because there are issues in court. However, when an institution finds itself in a situation where the Chairman is in court, the Chief Executive Officer (CEO) is suspended and there is infighting and factionalism and you have to go back to your office through a court order, it means you have fallen short of the expectations of the people of this country. I will be considering making certain adjustments and additions to this Bill to address this particular ...
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