Bill seeking to extend land compensation period to two years not good, senator

Senate Lands Committee chairperson Marsabit Senator Godana Hargurra (left) and committee members Taita Taveta senator Jones Mwarume and Sam Ongeri of Kisii county. (Sammy Omingo/standard)

Taita-Taveta Senator Jones Mwaruma has opposed a section of the proposed Land Value Index Laws (Amendment) Bill, 2018 seeking to extend the compensation period to two years.

The Bill currently in the National Assembly proposes to amend the Land Act, the Land Registration Act and the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act to provide for the assessment of land value index in respect of compulsory acquisition.

Speaking in Mwatate town yesterday, Mr Mwaruma said compensation of land compulsorily acquired by the government must be immediate.

“I strongly oppose the section of the proposed law that requires compensation of the land compulsorily acquired by the government to take two years. I propose that compensation should be done immediately after acquisition of the land,” said the ODM legislator yesterday.

The Land Value Index aims at standardising and harmonising the value of land across the country for the primary purpose of determining rent, land rates, stamp duty on conveyance of land and compensation of expropriated land.

The Bill also seeks to make land rates, rent, stamp duty and compensation predictable, rational and not prone to subjective valuations.

The Bill also seeks to regulate the long and protracted process of compulsory acquisition and harmonise and standardise the compensation thereof.

“Huge variations in the amounts paid by way of compensation has led to huge inequities to those whose land was compulsorily acquired, the law seeks to equalise those payments,” parts of the bill reads.

At the same time, the Bill proposes to amend the Land Act to ease the acquisition of and access to land or rights over land in order successfully implement public infrastructure projects.

Consequently, the actualisation of the country's development strategy relating to public infrastructure would re-establish Kenya as the jurisdiction of choice for investment and improve the ease of doing business, in Kenya.

Kenya's Vision 2030 development strategy is largely pegged on development of infrastructure which is dependent on, among other things, availability of land, which needs in certain instances to be acquired by Government for project development purposes.

“The ease with which such required land or rights over land are accessed signals Kenya's quality in ease of doing business, since it determines the pace at which public infrastructure investments can be realized,” stated the law.

Meanwhile, Voi MP Jones Mlolwa says the implementation of the Truth Justice and Reconciliation Commission (TJRC) report would help address historical land injustices in the country.

He said certain communities such as Taita and Taveta had been deprived of their land rights and were living as squatters either in government and private farms.

“The full implementation of the TJRC report will adequately address historical land injustices meted against certain communities,” said Mlolwa.

Mwaruma further disclosed that the Senate Committee on Lands and Natural Resources will next week visit the disputed Voi Sisal Estate land, which has been dogged with controversies.

“The committee of which I am a member will visit the vast farm on Tuesday next week following a petition by residents and the county government. The controversial land has changed hands without the knowledge of the residents and county administration,” he revealed.

The County leadership has opposed the subdivision and change of user of the vast Voi Sisal Plantations Limited.

According to signed land documents in our possession, the change of use from agricultural to commercial was issued by the Voi land control board in March.