Report On Consideration Of The Senate Amendments To The Land (amendment) Bill (na Bill No. 40 Of 2022)

Published by:

REPUBLICOFKENYA

THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONLANDS

REPORTONTHECONSIDERATIONOFTHESENATEAMENDMENTTOTHE LAND(AMENDMENT)BILL,NATIONALASSEMBLYNO.40OF2022

DATE:

04 JUN 2025

TABLED

BY:

TheDirectorateofDepartmental Committees Clerk's Chambers Parliament Buildings

NAIROBI

NA

TABLEOFCONTENTS

| CHAIRPERSON'SFOREWORD | |------------------------------------------------------------------------------| | CHAPTERONE | | 1.0PREFACE | | 1.1EstablishmentandMandateof theCommittee | | 1.2Subjects under the Committee | | 1.3 Oversight...... | | 1.4CommitteeMembership | | 1.5 CommitteeSecretariat.. | | CHAPTERTWO | | 2.0SENATEAMENDMENTSTOTHELAND(AMENDMENT)BILL(NATIONAL ASSEMBLYBILLNO.40OF2022 | | 2.1 Introduction. | | 2.2ClauseumderAmendment.. | | 2.2.1SenateAmendment toClause3 | | 2.2.2 Resolution. | | CHAPTERTHREE. | | 3.OCOMMITTEERECOMMENDATION |

ANNEXUREI

Adoption List

ANNEXUREII

Minutes

ANNEXUREIII

Speaker's Communication

CHAIRPERSON'SFOREWORD

This Report contains proceedings of the Departmental Committee on Land on the Land (Amendment)Bill(NationalAssemblyBillsNo.40of2022).TheSenateconsidered theBill and transmitted an amendment to the National Assembly for consideration on 15th April 2025.

The Senate amendment proposes to have the Registrar publish a notice in the Gazette specifying the particulars of registrar prior to purchasing of public land by land-buying companies.TheDepartmental Committee onLandsconsidered andapprovedtheamendment to the Land(Amendment)Bill(National AssemblyBills No.40of2022)from theSenate.

I wish to most sincerely thank the Speaker and the Office of the Clerk of the National Assemblyfor theinvaluable support accorded to the Committee inthe discharge of its mandate.Onbehalf of theMembers oftheDepartmental CommitteeonLands andpursuant to Standing Order 216 (5)(a),it is my pleasure and duty to present to the House,the Report of the Committee on its consideration of an amendment to the Land (Amendment) Bill (National AssemblyBills No.40 of 2022)from theSenate.

1.0PREFACE

1.1EstablishmentandMandateoftheCommittee

1. The Departmental Committee on Lands is one of theDepartmental Committees of theNationalAssembly established underStandingOrder216whosemandates pursuant to theStanding Order 216(5)are asfollows: 2. Toinvestigate,inquireinto,andreport on all matters relatingtothe mandate, management,activities,administration,operations and estimates ofthe assigned ministries anddepartments;

• ii. Tostudy theprogramneandpolicyobjectives ofministries and departments and the effectivenessoftheimplementation;
• iii. on a quarterlybasismonitorandreport on the inplementationof thenational budget inrespectofitsmandate;
• iv. Tostudyandreviewall legislationreferredtoit;
• V. Tostudy,assessandanalysetherelativesuccessoftheministriesanddepartmentsas measuredby theresultsobtainedascomparedwiththeirstatedobjectives;

7. Ul. Toinvestigateandinquireintoallmattersrelatingtotheassignedministriesand departments as they may deem necessary,and as may bereferred to them by theHouse;

• vil. Tovet and reportonall appointments rohere the Constitution or anylawrequires the National Assembly to approve, except those under Standing Order 204 (Commillee on Appotnments);
• viii. Toeraminetreaties,agreementsandconventions;

10. ir. Tomakereports andrecomnendations totheHouseas often as possible,including recommendationofproposedlegislation;

• l. Toconsiderreports of Commissions andIndependentOfices submitted to theHouse pursuant totheprovisionsofArticle254oftheConstitution;and
• xi. To exanine any questions raised by Members on a matter within its mandate.

1.2Subjectsunder the Committee

2. In accordance with theSecond Schedule of theStanding Orders,the Committee is mandated to oversee:matters related tolands and settlement including,land policy, land transactions, survey and mapping, land adjudication, settlement, land registration,landvaluation,administration of community andpublic land and land information and management system.

1.3 Oversight

• i. State Department for Lands and Physical Planning.

3. In executing its mandate, the Committee on Lands oversees the:

• ii. TheNational Land Commission.

CHAPTERONE

1.4CommitteeMembership

• The Departmental Committee on Lands was constituted by the House on Thursday, 27thOctober2022andcomprisesthefollowingMembers:

Chairperson

Hon.Joash Nyamache Nyamoko, MP North Mugirango Constituency UDAParty

Vice-Chairperson

Hon.Fatuma Abdi Jehow,MP Women RepresentativeWajir County ODM Party

Members

Hon. Dr. Rachael Kaki Nyamai, MP Kitui South Constituency JUBILEE Party

Hon.Irene Mrembo Njoki,MP Bahati Constituency JUBILEEParty

Hon.Dr.Gideon Ochanda,MP Bondo Constituency ODM Party

Hon. Leah Sopiato Sankaire, MP WomenRepresentativeKajiadoCounty ODM Party

Hon.Mathias Robi Nyambabe,MP Kuria West Constituency UDA Party

Hon. Ali Wario Guyo, MP Garsen Constituency ODM Party

Hon.Maj.Barrow Dekow,MP Garissa Township Constituency UDA Party

Hon. Omar Mwinyi, MP Changamwe Constituency ODM Party

Hon.Paul Katana,MP Kaloleni Constituency ODMParty

Hon.Eng. Thaddeus Nzambia, MP Kilome Constituency WIPERParty

Hon. Josses Lelmengit, MP Emgwen Constituency UDA Party

Hon. Anthony Kenga Mupe, MP Rabai Constituency JUBILEEParty

Hon.Gachoki Gitari,MP Kirinyaga Central Constituency UDA Party

1.5CommitteeSecretariat

• 5.The Committee is facilitated by the following staff secretariat:

Mr.Joshua Ondari

ClerkAssistantI/LeadClerk

Mr.Binensa Mabungu ClerkAssistantIII

Ms.Brenda Michira Research OfficerIII

Mr. Sidney Lugaga Senior Legal Counsel

Mr.Yeziel Jillo SeniorSerjeant-At-Arms

Ms. Judith Kiprop Fiscal Analyst III

Mr. Cosmas Akhonya Audio Officer

Mr. Murimi Mwangi MediaRelationsOfficer

Ms.Mary Kamande Public Communications Officer

CHAPTERTWO

ASSEMBLYBILLNO.40OF2022

2.1Introduction

• The Land (Amendment) Bill (National Assembly Bill No. 49 of 2022) is a Bill sponsored by theHon.Simon King'ara,MP.

7. TheBillwaspublishedvideKenyaGazetteSupplementNo.165of 2022 and was considered and passed without amendments by the National Assembly on 20th March.2024.The Bill,being a Bill concerning Counties was forwarded to the Senate for consideration pursuant to Standing Order 142 of the National Assembly StandingOrders. 8. TheSenateconsidered andpassedtheBillwith an amendmenton15thApril 2025 andtransmittedtheamendmenttotheNationalAssembly. 9. The National Assembly considered and approved the amendment to the Land (Amendment)Bill (National AssemblyBill No.40 of2022 on 14thMay2025.

2.2 Clause under Amendment

• 10.Thefollowing clause of theLand (Amendment) Bill (National AssemblyBill No.40of 2022)wasconsideredbytheSenateCommitteeonLands:

2.2.1SenateAmendmenttoClause3

Clause3

• 11.THAT clause 3 of the Bill be amended in the introductory phrase to the proposed sub-section(16)byinserting thewords—

"publish a notice in the Gazette specifying the particulars of the registration and" immediately after the words "the Registrar shall."

2.2.2Resolution

• 12.TheCommitteeconsideredtheSenateamendmenttoClause3of theLand (Amendment)Bill(National AssemblyNo.40 of 2022)andresolved to adopt the Senate Amendment. It was observed that the proposal under clause 3 (16), to publish a Gazettenotice creates more stringentmeasurestoland buyingcompanies while acquiring public land.

CHAPTERTHREE

3.0COMMITTEERECOMMENDATION

• I3.The Committee considered the Senate amendment on the Land (Amendment) Bill (NationalAssemblyBill No.40of2022)andrecommended asfollows:

Clause3

14. THAT Clause 3 of the Bill be amended in the introductory phrase to the proposed sub-section (16) by inserting the words--

"publish a notice in the Gazette specifying the particulars of the registration and"immediately after the words"theRegistrar shall."

17 /

SIGNED...

DATE.

HON.JOASHNYAMACHENYAMOKO,MP (CHAIRPERSON)

REPUBLICOFKENYA

THENATIONALASSEMBLY

13THPARLIAMENT-FOURTHSESSION,2025

DEPARTMENTALCOMMITTEEONLANDS

MINUTESOFTHE17SITTINGOFTHEDEPARTMENTALCOMMITTEEON LANDSHELDATTHECOMMITTEEROOM,5THFLOORCONTINENTALHOUSE ONWEDNESDAY,14THMAY2025AT12:00PM.

PRESENT

• 1.Hon. Nyamoko Joash Nyamache, HSC, M.P.

2. Hon.Jehow Fatuma Abdi,M.P. 3. Hon. (Dr.) Rachael Kaki Nyamai, CBS, M.P. 4. Hon. Gitari Joseph Gachoki, M.P.

• 5.Hon.Katana Paul Kahindi, M.P.

6. Hon. (Eng.) Nzambia Thuddeus Kithua, M.P. 7. Hon. Lelmengit Josses Kiptoo Kosgey, M.P.

• 8.Hon. Sankaire Leah Sopiato, M.P.

ABSENTWITHAPOLOGIES

• 1.Hon. (Dr.) Ogolla Gideon Ochanda, M.P.

2. Hon. Shimbwa Omar Mwinyi, M.P. 3. Hon.Robi Mathias Nyamabe M.P. 4. Hon. Mupe Anthony Kenga, M.P. 5. Hon. Guyo Ali Wario, M.P. 6. Hon.Maj.(Rtd)Dekow Barrow Mohamed,M.P.

• 7.Hon.Mrembo Irene Njoki, M.P.

COMMITTEESECRETARIAT

• 1.Mr. Joshua Ondari

Lead Clerk

2. Mr.Binensa Mabungu

Assisting Clerk

3. Mr. Sidney Lugaga

Legal Counsel

4. Ms.Brenda Michira

Research Officer

5. Ms. Nancy Chamunga

Fiscal Analyst

6. Ms.MaryKamande

Public Communications Officer

7. Mr.Cosmas Akhonya

AudioOfficer

8. Mr.Bromick Russel

ParliamentaryAttachee'

MIN/NO./NA/DC-LANDS/2025/100:

PRELIMINARIES

The meeting was called to order at fifteen minutes past twelve o'clock with a word of prayer by the Hon. (Dr.) Rachael Kaki Nyamai, CBS, MP.

• -Chairperson
• -Vice Chairperson

1. Preliminaries; 2. Confirmation of Minutes. 3. Matters Arising; 4. Pending Business 5. Meetings: 6. i)Consideration of Senate Amendments to the Land (Amendment)Bill (National AssemblyBillsNo.40 of2022) 7. 6.Any Other Business 8. 7.Adjournment

The agenda of the meeting was adopted after it was proposed by Hon. Gitari Joseph Gachoki, M.P. and seconded by Hon.Katana Paul Kahindi, M.P.

MIN/NO./NA/DC-LANDS/2025/102:

CONFIRMATIONOFMINUTES

The Confirmation ofminuteswas deferred to alater sitting

MIN/NO./NA/DC-LANDS/2025/103:

MATTERSARISING

There were no matters arising.

MIN/NO.NA/DC-LANDS/2025/104:

CONSIDERATIONOF SENATE

AMENDMENTSTOTHELAND

(AMENDMENT)BILL(NATIONAL

ASSEMBLYBILLSNO.40OF2022)

The Committee considered the proposed amendment and resolved to adopt the proposal from theSenate.It was observed that the proposal under clause 3(16),to publish a Gazette creates more stringent measures to land buying entitieswhile acquiringpublic land.

Adoption of theReport

TheReport on the Consideration of theSenateAmendments to the Land (Amendment) Bill (National Assembly Bills No.40 of 2022)was adopted having being proposed by Hon. Gitari Joseph Gachoki, M.P and seconded by The Hon. Rachael Kaki Nyamai, CBS, M.P.

MIN/NO.NA/DC-LANDS/2025/105:

ANYOTHERBUSINESS

There was no other business.

MIN/NO.NA/DC-LANDS/2025/106:

ADJOURNMENT

There being no other business, the meeting was adjourned at ten minutes past one o'clock. The next meetingwould be held on notice.

八人

SIGNED..

DATE.

HON.JOASHNYAMACHENYAMOKO,MP (CHAIRPERSON)

THIRTEENTH PARLIAMENT - (FOURTH SESSION) THE NATIONALASSEMBLY

MESSAGES

MESSAGES FROM THE SENATE

(No. 005 of 2025)

PASSAGE OF THREE BILLS BY THE SENATE

Honourable Members,

1. Pursuant to the provisions of the Standing Order 41(4), I wish to report to the House that I have received three Messages from the Senate regarding the passage of the following two (2) Senate Bills and one (1) National Assembly Bill-

• (1) The Energy (Amendment) Bill (Senate Bill No. 42 of 2023);
• (2) The County Public Finance Laws (Amendment) Bill (Senate Bil No. 39 of 2023); and
• (3) The Land (Amendment) Bill (National Assembly Bill No. 40 of 2022).

2. Honourable Members, the first Message conveys that, on Tuesday, 15th April 2025, the Senate considered and passed the Energy (Amendment) Bill (Senate Bill No. 42 of 2023) without amendments. The Bill which was published vide Kenya Gazette No. 162 of 1st September 2023 seeks to

3. Honourabie Members, the second Message conveys that, on Tuesday, 15th April 2025, the Senate considered and passed the County Public Finance Laws (Amendment) Bill (Senate Bill No. 39 of 2023) with amendments. The Bill published vide Gazette Notice No. 159 of 1st September 2023 seeks to amend the County Assembly Services Act, Cap 265D to establish County AssemblyFund. 4. Honourable Members, the third Message conveys that on Tuesday, 15th April 2025, the Senate considered and passed the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022) with amendments. In this regard, accordance with the provisions of Article 112 of the Constitution. 5. Having passed the said Bills, the- Senate now seeks the concurrence of the National Assembly pursuant to the provisions of Article 1i0(4) of the Constitution. 6. Honourable Members, with regards to the Senate Bills, you will note that the Standing Orders require the Speaker to cause a Bill received from the Senate to be read a' First time upon conveyance of its Message to the House. Inview of this, I hereby direct the Clerk to schedule the two (2) Senate Bills S d 7. Thereafter, the Energy (Amendment) Bill (Senate Bill No. 42 of 2023) shall stand committed to the Departmental Committee to the Departmental Committee on Energy and the County Public Finance Laws (Amendment) Bill (Senate Bill No. 39 of 2023) to the Departmental Committee on Finance and National Planning, for consideration.

8. Honourable Members, with respect to the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022), the Message and the Schedule of Senate amendments to the Bill are hereby referred to the Departmental Committee on Lands for consideration and reporting. I also direct the Clerk to circulate the Schedule of Senate amendments to the Bill to all Members. 9. The Committees to which the Bills have been referred are encouraged to prioritise their consideration and submit their reports as soon as is practicable to enable the House to proceed with the necessary next steps on the Bills. 10. The House is accordingly guided.

I thank you!

THE RT. HON. (DR.) MOSES F.m WETANG'ULA, EGH, MP SPEAKER OF THE.NATIONAL ASSEMBLY

Wednesday, 23rd April 2025

TelegraphicAddress 'Bunge',Nairobi Telephone2848003 Fax:2243694

REPUBLICOFKENYA

E-mail:clerk.senate@parliament.go.ke

Clerk's Chambers The Senate Parliament Buildings P.O.B0x41842-00100 Nairobi,Kenya

PARLIAMENTOFKENYA OFFICEOFTHECLERKOFTHESENATE

SENATEAMENDMENTSTOTHELAND(AMENDMENT)BILL(NATIONAL ASSEMBLYBILLSNO.40OF2022)

The Senate, on Tuesday, 15th April, 2025, considered and passed the Land (Amendment) Bill (National Assembly Bills No.40 of 2022) with amendment as follows -

CLAUSE3

Clause 3 of the Bill amended in the introductory phrase to the proposed sub-section (16) by inserting the words "publish a notice in the Gazette specifying the particulars of the registration and" immediately after the words "the Registrar shall".

Signature: