The Commission for the Implementation of the Constitution {CIC} has moved to clarify information that appeared in one of the local dailies arguing that the land bills do not adequately address devolution but rather confirms centralization of authority over land.
In a statement CIC termed the argument as inaccurate saying Clause 4(2) of the National Land Commission Bill requires the Commission to ensure access to its services in all parts of the Republic in accordance with the Article 6(3) of the Constitution.
In addition, CIC said the Bill under clause 18 establishes County Land Management Boards and recognizes the role of counties in public land management.
“The appointment of members of the County Land Management Boards shall be on the approval of the County assemblies. The Bill further allows for additional functions to be assigned to the Board via any other Act of Parliament. And its membership includes county representatives,” added the statement.
Furthermore that statement said the Land Bill recognizes devolution and requires whenever any land administration or management function is assigned to the governments, that the Cabinet Secretary responsible for matters of land and County Executive Committee member responsible for matters of land are involved.
“For instance, clause 121 of the Land Bill states that: Whenever the national or county government is satisfied that it may be necessary to acquire some particular land under section 124, the respective Cabinet Secretary or the County Executive Committee Member shall submit a request for acquisition of public land to the Commission to acquire the land on its behalf,” CIC explained.
On the argument that the land bill does not guarantee women protection in land rights inheritance as well as protection of their matrimonial home and land in the event of divorce or death of their husband.
CIC said the Land Bill recognize the rights of spouses on property arguing that the registration Bill under clause 29 recognizes spousal rights over matrimonial property as an overriding interest to land.
“The Bill significantly provides and recognizes spousal rights over land and takes cognizance of the law under formulation regulating matters of matrimonial property. Further, spousal consent is required for transactions relating to matrimonial property as provided for under clause 59 of the Land Bill and Land Registration Bill,” CIC elaborated.
Lastly, on the issue of the bills being drafted poorly, CIC noted that the drafting issues are addressed by the Attorney-General and any residual view on drafting issues are best at this stage addressed to the Attorney General and Parliament.
