14 Nov 2018 in Senate:
.: Thank you, Mr. Deputy Speaker, Sir. While seconding this Bill, I was at Clause 7. I must now confess that after reading this Bill, at the first instance I was under the impression that, in fact, we were amending a law. Fortunately, I have read the draft report of the Committee on Land, Environment and Natural Resources and I realized that we do not have a land value law. This proposal 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
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14 Nov 2018 in Senate:
attempts to introduce a land value index and to that extent, I am aware that the title to the Bill will change so that it conforms to the law. Mr. Deputy Speaker, Sir, Sen. Murkomen mentioned Clause 13 and two other clauses where it appears that the proposers of this Bill are attempting to stifle the court in terms of the orders it can issue before land is acquired. I have seen a draft report, which states that the Committee on Land, Environment and Natural Resources will amend Clause 13 so that the power of the court in hearing appeals ...
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14 Nov 2018 in Senate:
Mr. Deputy Speaker, Sir, in the appeals under proposed Section 133, I would propose that the tribunal has a right of review of orders that have been issue specifically by the Commission itself. Similarly Clause 19, where the law is amended in Section 157 of the Land Act to punish people who disclose information, is also not clear. Who is this public officer who comes across information on acquisition of land and divulges it? This Clause needs to be amended so that it is very clear. Is it officials of a particular Ministry or of the National Land Commission (NLC) ...
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14 Nov 2018 in Senate:
The last one is the proposed Section 23, which is also not clear when it says: “Internal displacement of persons resulting from a lawful compulsory acquisition of land subject to prompt payment in full, of just compensation to the persons shall not, for purposes of this Act, constitute arbitrary displacement.” There is something wrong about that sentence. The intention of Article 40 of the Constitution was not to cause displacement of any person. In order to have Article 40, which guarantees the right to land, no person should leave their land until they have been paid in full. The suggestion ...
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14 Nov 2018 in Senate:
This is so that where the NLC grants an award lower that what an independent value has given to an ordinary Kenyan, then it becomes an appeal at the Lands Appeal Tribunal. That is why the valuers under the Valuers Board sit there to determine who gave the correct value between the NLC, the Government valuer and the independent valuer. We cannot restrict this to the Government, because it naturally wants to pay less. Mr. Deputy Speaker, Sir, I disagree with the idea that when people are transacting, since they can transact land on a willing-buyer, willing-seller basis; it could ...
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14 Nov 2018 in Senate:
Mr. Deputy Speaker, Sir, I believe that the speculators of this country have made it impossible for the Government to acquire land by making sure that an acre of land in Runda and Karen is so much money, yet land along Athi River is less. That disparity will have to be done away with when we do a proper land value index. It will then be clear that when one acquires land in Mlolongo, an acre is Kshs1 million and KshsX in Mombasa. We will then get rid of the speculators who get information from Government circles. When they learn ...
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14 Nov 2018 in Senate:
Mr. Deputy Speaker, Sir, with those few remarks I beg to second with those objections and limitations. We can move to a place where it becomes easy to acquire land for public purposes.
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13 Nov 2018 in Senate:
Thank you, Mr. Speaker, Sir. I rise to support the County Outdoor Advertising Bill, Senate Bills No.19 of 2018. I also want to disclose to the proposer of this Bill that I proposed this Bill in the last Senate. It is, therefore, like
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13 Nov 2018 in Senate:
for me, just like Sen. Wetangula said. However, it did not go far. The intention remains the same. Just like Sen. Wetangula has said. there are opportunities for counties to advertise outdoors and make money; own source revenue. Therefore, this Bill attempts to find a uniform method of doing so. Mr. Speaker, Sir, I do not know whether this has happened in the new Committee, but we received a memorandum indicating that the various bodies have different charges for outdoor advertising on the highway; whether it is in Nakuru, Mombasa or Makueni. This Bill is an attempt to make sure ...
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13 Nov 2018 in Senate:
Even the question of payment arises. For example, how much money do the people advertising on these billboards pay to the owners of the land? Is there something else that they can do, as part of their corporate social responsibility (CSR) that should be included in this Bill so that they can compensate for the environmental issues, disasters and inconveniences they cause? Mr. Speaker, Sir, the design of billboards is another issue. We must have billboards that are acceptable. There are certain billboards which were put up in the public and complaints have been raised whether their contents were checked ...
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