LAND ADJUDICATION IN ISIOLO || DUE PROCESS OF THE LAW MUST BE FOLLOWED SAYS HON ODHA

Hon. Hassan Odha Isiolo North Constituency

By Hon Hassan Odha Hulufo


Dear Beloved Constituents,

As your representatives we follow discussions on issues affecting wellbeing of our people on this virtual forum of Isiolo Professionals Caucus. As one of the very few professionally administered pages, discussions herein help us to appreciate diverse perspectives on issues of concern to our people.

PERTINENT ISSUES

As Parliamentarians representing you at National level ( Senate and National Assembly) we have our own forum where we deliberate on issues of concern to our people. One of the issue which has been on our agenda for the last one year has been the Land question. Specifically the boundary dispute, registration of our community land and persistent attempt by Kenya Defence Forces (KDF) to displace our people in Burat and Ngaremara, mystery surrounding LAPSSET route and the Resort city.

PETITION

It is important to note that our two Senators (Senator Dullo and Abshiro) work together on petition before the House of Senate while the three of us in the National Assembly (Hon. Koropu, Hon. Rehema and I) are working together on petition before the National Assembly Departmental Committee on Lands.

Also read:  COMMUNITY LAND ACT: A WIN FOR COMMUNITY CONSERVANCIES

Copies of the Joint Letter by the three Members of Parliament and the two Senators.

We have also sensitised our communities on community land registration process through our Pastoralists Parliamentary Group (PPG) caucus secretariat led by our own brother Jarso Mokku.

LEGAL NOTICE NO.- 150

The legal notice No-150 issued on 27th August, 2019 whose revocation we have demanded through a joint letter we submitted to Cabinet Secretary for Land yesterday morning (Friday 8th November, 2019) is in our view illegal. Land adjudication Act cannot be applied to FIVE Counties which were never declared adjudication areas before Community Land Act came into force.

Copy of the Legal Notice No. -150

Isiolo County is one of the FIVE counties. The land in our county is categorized as community land and the Constitution of Kenya 2010 Article 63(5) states clearly that Parliament will enact legislation to give effect to this Article. And 11th Parliament enacted the Community Lands Act whose provisions supersedes provision in any previous legislation including the Adjudication Act.

LEGAL FRAMEWORK

We need individual tittles to be issued to plot owners in Isiolo town and other major trading centres. However the right legal procedures and due processes of the law must be followed. Our considered opinion informed by guidance and advice we got from leading legal expert in the country on land matters is that the adjudication notice is inapplicable to our county. 

Also read:  NRT PARADOX IN ISIOLO COUNTY: CONTEXTUAL ANALYSIS OF VARIOUS ACTORS (STATE & NON STATE) AND THE EXISTING GREY AREAS IN LAW

The Isiolo County Government must move fast to work with all stakeholders to conclude county physical and land use plans. We recently repealed Physical Planning Act of 1996 and replaced it with Physical and Land Use Planning Act 2019. It provide further legal framework on how the National and the County governments can undertake physical and land use/spatial planning at National, Inter County, County and Local levels.The plan will delineate areas already in use as urban centres town and those intended for special uses with provision for future growth and land under other forms of land uses including grazing areas, farming etc.

Both the National Land Commision and the Ministry of Lands have developed elaborate guidelines on the same too. The ideas of avoiding this elaborate process so as to get tittle deeds for town plots is ill-advised. And so is urging the Cabinet Secretary to amend the Legal Notice-150. It should be revoked in entirety. 

Ministry of Lands & Physical Planning Headquarters

The focus of the Ministry of Lands and National Lands Commision and our County Government with support of all of us should be to sensitise communities of Isiolo county on how to apply Community Lands Act and community land registration regulations to secure their land. We are part of you and no pieces of land we own in any town in Isiolo have tittle deeds and would wish to have them.

Also read:  Isiolo: Storm brewing between MPs, governor over land adjudication legal notice

However shortcut are ladden with risks and we need to insist on right procedures. It is mandatory that we following the legal procedures and process to secure our land. And in line with the provisions of our Constitution there must be robust and all inclusive public participation in accordance with the National Land Commission guidelines.

Hon. Hassan Odha Hulufo is the current Member for Isiolo North Constituency.

Whispers from the North
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Whispers from the North is an online platform that appreciates the ecological, cultural and socio-economic diversities of Northern Kenya. We also acknowledge that the lives of the communities of northern Kenya has been shaped by a number of intrinsic and extrinsic factors which have led to complex challenge that calls for a multifaceted approach.