Community land bill flawed, says Senate team

The Senate Land and Natural Resources committee has said the Community Land Bill, which is before the National Assembly, is flawed.

In the wake of an outcry from the National Land Commission (NLC) and stakeholders, committee Chairman Chris Obure said passing the bill would be going against the Constitution.

This emerged after the committee met with NLC commissioners in Naivasha over the weekend to deliberate on the bill.

Also discussed were the Land Use and Land Amendment bills, where parties agreed to have more consultations before they are made into law.

Addressing the Press, Mr Obure said some sections of the three bills contravened the Constitution.

He said the bills were transferring powers devolved to county governments to the Cabinet secretary in charge of Land.

"The Senate is meant to protect devolution from such laws and we shall make sure that they are defeated," he said.

Obure said based on the deliberations with NLC, his committee will make a report and recommendations over the three bills.

"The issue of land is very emotive and sensitive in this country and we should make sure that it's carefully handled," he said.

Senator Juma Boy said the bills were taking the country back to the dark days where the Executive made decisions on land, and they will create more problems than solutions.

Mr Boy said the Community Land Bill was against the Constitution.

"We have come a long way on issues of land and the people from the Coast region will be the hardest hit by that bill," he said.

NLC Chairman Mohammad Swazuri pointed an accusing finger at the Ministry of Lands for the three controversial bills.

He questioned the speed and manner in which they were passed in Parliament, "without public participation and involvement of other stakeholders".

Dr Swazuri said under the new bills, the Lands Cabinet secretary would have more powers on land matters.