REQUEST FOR STATEMENT ON THE LEGAL NOTICE NO. 150 BY THE MINISTRY OF LANDS AND PHYSICAL PLANNING THAT SEEKS TO OPEN UP LAND IN ISIOLO COUNTY FOR ADJUDICATION By Senator Dullo

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REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (THIRD SESSION)

THE SENATE

By Senator Fatuma Dullo

REQUEST FOR STATEMENT

ON THE LEGAL NOTICE NO. 150 OF 27th AUGUST 2019 BY THE MINISTRY OF LANDS AND PHYSICAL PLANNING THAT SEEKS TO OPEN UP LAND IN ISIOLO COUNTY FOR ADJUDICATION

Mr. Speaker, Sir,

I rise, pursuant to Standing Order 48 (1), to seek a Statement from the Standing Committee on Lands, Environment and Natural Resources concerning the Legal Notice NO. 150 of 27th August 2019 released by the Ministry of Lands and Physical planning opening up land in Isiolo County for adjudication. 

In the Statement the Committee should:

1. State what informed the Ministry’s decision in issuing the gazette notice which in effect will lead to the conversion of land in Isiolo into private land despite their being a number of contentious land related disputes in the County yet to be resolved;

2. Explain why the Ministry decided to exclude the Kenya Defense Force’s School of Infantry and Combat Engineering from the adjudication process knowing very well that there is a court order in place stopping the Kenya Defense Force from carrying out any survey in the contentious area until the dispute is settled;

3. Explain why the Ministry of Land and Physical Planning is attempting to convert land lying along LAPSSET corridor and Isiolo Resort into public land knowing very well that the said land has its rightful owners who are yet to be compensated;

4. Explain whether in issuing the legal notice the Ministry of Lands and Physical Planning sought and received approval of the County Government who are the legal custodian of unregistered community land; 

5. Explain why the Ministry of Lands and Physical Planning failed to undertake public participation, engage with all leaders and other stakeholders before issuing the gazette notice knowing clearly that the communities interests must be protected at all times; and

6. State whether the legal notice issued by the Ministry of Lands and Physical Planning was in accordance with the law and in adherence with the principles of openness, accountability and the confines public participation.

Senator Fatuma Adan Dullo, CBS, MP, is the Current Senator, Isiolo County, Deputy Leader of Majority Senate of the Republic of Kenya.