MINISTRY OF LANDS

PUBLIC NOTICE

TASK FORCE ON FORMULATION OF COMMUNITY LAND AND EVICTIONS AND RESETTLEMENT BILLS

The Constitution of Kenya, 2010 and Sessional Paper No.3 of 2009 on the National Land Policy (NLP) provide for a new classification of land to be known as “Community Land”. 

Under the Constitution, Community lands are to vest in and be held by communities that are identified on the basis of ethnicity, culture or similar community of interest. The Constitution further directs Parliament to enact legislation to give effect to the creation of community land.

On the other hand, evictions have, for decades, taken place in Kenya, especially in informal settlements in contravention of international human rights standards. Mass evictions have usually involved Government Projects or private developers claiming ownership of land on which some of the settlements stand. Sessional Paper No.3 of 2009 on the National Land Policy requires the Government to establish an appropriate framework for evictions, based on internationally acceptable guidelines.

In order to actualize the above referred to provisions, the Minister for Lands appointed a Task Force to develop the Community Land Bill and the Evictions and Resettlement Bill, via a Special Gazette Notice No. 13557 of 21st September, 2012. 

The Task Force embarked on this task and having finalized preliminary work, is now ready to go out to the Counties to meet members of the public, groups and institutions to : -

This is to notify the public that the Task Force will be holding County Consultation Forums in the Month of February, 2013 at various Counties whose details will be announced later.

This is also to request members of the public to send views, submissions and memorandas to the undersigned.

The Chairperson,

Task Force on Formulation of Community Land and Evictions and Resettlement Bills,

P.O. Box 30450-00100,

Nairobi.

Email: coordlrtu@ardhi.go.ke

Those who wish to address the Task Force may make arrangements with the Joint Secretaries, who can be found at the following physical address.

Ministry of Lands Headquarters

Ardhi House, 2nd Floor

Wing “A”, Room 202

Tel. 020-2718050 Ext. 64648

Dorothy N. Angote-Muya, CBS,

Permanent Secretary,

Ministry of Lands,

NAIROBI.

The bill provides for the equitable division of revenue raised nationally among county governments for the 2013 -2014 fiscal year. It also outlines the responsibilities of national and county governments.

Nairobi County will get the biggest share of allocation of funds from the national Government in the 2013-2014 financial year while Lamu County will get the smallest share of allocation followed by Isiolo County.

NO	COUNTY	KSHS (BILLIONS)
1	Nairobi	15.2
2	Nakuru	7.3
3	Kiambu	7.1
4	Turkana	6.3
5	Kakamega	6.5
6	Nyeri	6.04
7	Meru	5.91
8	Mombasa	5.59
9	Mandera	5.53
10	Kisumu	5.29
11	Bungoma	5.24
12	Kisii	5.21
13	Machakos	5.01
14	Muranga	4.86
15	Homa Bay	4.75
16	Kilifi	4.71
17	Kitui	4.66
18	Wajir	4.55
19	Migori	4.34
20	Uasin Gishu	3.93
21	Makueni	3.83
22	Siaya	3.83
23	Garissa	3.72
24	Busia	3.59
25	Kericho	3.47
26	Narok	3.45
27	Embu	3.44
28	Nyandarua	3.34
29	Bomet	3.35
30	Trans Nzoia	3.29
31	Marsabit	3.28
32	Kwale	3.25
33	Baringo	3.24
34	Nandi	3.14
35	Kajiado	2.96
36	Kirinyaga	2.85
37	West Pokot	2.79
38	Nyamira	2.70
39	Elgeiyo Marakwet	2.69
40	Vihiga	2.59
41	Tana River	2.55
42	Laikipia	2.42
43	Taita Taveta	2.31
44	Samburu	2.3
45	Tharaka Nithi	2.0
46	Isiolo	1.6
47	Lamu	1.9

Parliament should urgently the Leadership and Intergrity Bill to operationalize Chapter six of the constitution.

Such a law shall vividly define the ethical standards and qualification of aspirants to political office. It will also safeguard the candidates from miscarriage of justice.

The recent interviews for potential seekers of public offices have witnessed panelists requiring the applicants to avail clearance certificate from various public organizations. Documents such Credit Reference Bereau, Income Tax Compliance and HELB certificates have been sought.  These types of demands are oppressive and discriminative.

Financial ability or statues should never be used as a barrier to public service. A clear legal frame work would outline who should run for various political offices.

There is no justification to bar a person who has been unable to discharge a contractual obligation with a bank or a financing body.

Similarly citizens who genuinely have been unable to settle financial liabilities with other departments courtesy of financial challenges should not be restricted from seeking political offices. 

Financial transactions that have contractual obligations binding parties should be subject of the civil law. Indeed some HELB loanees have never had productive financial engagements.

Majority have had difficulty sourjourn in the informal sector barely surviving. This is attributable to poor government policies, corruption and nepotism. Kenyans continue to experience hard economic realities and political office holders have not been spared.  

Unequitable elimination criteria end up as a class profiling. It criminalizes victims of poor financial standing.

However individuals with a history of criminal liability, documented aspects of abuse of public offices and undesirable moral attributes must never occupy political offices. 

This should be the threshold. Enactment of the Law on leadership and intergrity shall remove any opaqueness in so far as vetting of candidates shall be concerned. 

This will avoid stifling democracy and rule of law.

George N. Kimani, Nairobi 

THE KENYA DEFENCE FORCES BILL

Pursuant to section 5(6) of the Sixth Schedule to the Constitution, Section 4 of the Commission for the Implementation of the Constitution Act, 2010 and in the spirit of upholding the principle of public participation under Article 10 of the Constitution, the Commission for the Implementation of the Constitution (CIC) hereby seeks public views on the Kenya Defence Forces Bill, 2011 (KDF).

BACKGROUND OF THE BILL

The Constitution establishes the Kenya Defence Forces and obligates Parliament to enact legislation to provide for the functions, organisation and administration of the Kenya Defence Forces amongst other security organs.

Article 237(2) of the Constitution provides for the principles of national security.

It states that: national security of Kenya shall be promoted and guaranteed in accordance with the following principles:

(a) national security is subject to the authority of the Constitution and Parliament;

(b) national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms;

(c) in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya; and

(d) recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions.

Additionally, the Constitution requires that in the performance of their functions and exercising their powers, the national security organs and every member of the national security organs shall not act in a partisan manner; further any interest of a political party or cause; or prejudice a political interest or political cause that is legitimate under this Constitution. The Constitution
further subjects the national security organs to civilian authority.

In addition to the principles above, the national security organs are bound by other values and principles under the Constitution. (Articles 10, 232, amongst others)

The purpose of this advertisement is to afford the people of the Kenya an opportunity to participate in the lawmaking process as required under the Constitution, by offering input on how best the KDF Bill should be formulated ensuring the realization of the values and principles enshrined in the Constitution.

CIC is currently undertaking internal review of the KDF Bill and invites members of the public and in particular members of the defence forces of all ranks as well as those that are retired to submit written memorandum on the KDF Bill. Members of the Public are invited to submit their memorandum either in hard copy or by email within a period of one month. (by 10th April, 2012).

The Bill may be accessed from our website: http://cickenya.org

Written memorandum may be delivered, posted or emailed to the address herein below.

Contact details:

Commission for the Implementation of the Constitution
Parklands Plaza, Chiromo Lane, Westlands
P.O. Box 48041 -001 00
Tel. no: 0202323510, 0204443216, 0732000313,
Email: manager@CICKenya.org
info@CICKenya.org, cickenya2010@gmail.com