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THE SQUATTERS SETTLEMENT BILL, 2007
ARRANGEMENT OF CLAUSES
Clause
PART I PRELIMINARY
1Short title and commencement.
2Interpretation.
PART II ESTABLISHMENT, POWERS AND FUNCTIONS OF
THE NATIONAL SETTLEMENT BOARD
3Establishment of the National Settlement Board.
4Functions of the Board.
5Powers of the Board.
6Composition of the Board.
7Conduct of business of the Board.
8
Delegation by the Board.
9Remuneration of members of the Board.
10The Managing Trustee.
11Functions of the Managing Trustee.
12Staff of the Board.
13Common seal of the Board.
14Protection of Board from liability.
15Liability of Board for damages.
PART IIIFINANCIAL PROVISIONS
16Funds of the Board.
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17Annual estimates.
18Accounts and audit.
PART IVACQUISITION OF LAND AND SETTLEMENT
19Acquisition of land for settlement.
20Acquisition of land through purchase.
PART VCONSTITUENCY AND DISTRICT SWQUATTERS
SETTLEMENT COMMITTEES
21Establishment of Constituency Squatters Settlement Committee.
22Establishment of District Squatters Settlement Committee.
PART VISETTLEMENT OF SQUATTERS.
23Settlement of squatters.
PART VIIMISCELLANEOUS
24Annual report of the Board.
25Offence and Penalty.
26Regulations.
SCHEDULE PROVISIONS AS TO THE BOARD
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THE SQUATTERS SETTLEMENT BILL, 2007
A Bill for
AN ACT of Parliament to provide for the identification
and acquisition of unutilized land for purposes
of settlement of squatters and the landless, to
provide for the establishment of the National
Settlement Board, to provide for its
incorporation, powers and functions and for
connected purposes
ENACTEDby the Parliament of Kenya, as follows
PART 1 PRELIMINARY
Short title andcommencement.
1. This Act may be cited as the Squatters
Settlement Act, 2007 and shall come into operation not
later than ninety days from the date of enactment.
Interpretation. 2. In this Act, unless the context otherwise
requires
Boardmeansthe Board established under section 3;
catchment areameansriparian and other sources ofwater;
Constituency Committee means the Constituency
Squatters Settlement Committee established in accordance
with section 21;
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District Committee means the District SquattersSettlement Committee established in accordance with
section 22;
financial year means the period of twelve months
ending on the thirtieth June in each year;
landless means any person without any land
whatsoever within Kenya, as may be determined by the
Board for the purpose of this Act, and includes persons
evicted from gazetted forest;
Minister means the Minister for the time being
responsible for matters relating to land and settlement;
squatter means any person who unlawfully or
without authorization lives on a private, Government,
County Council, Municipal Council, Town Council,
Urban Council or City Council land or property for a
period of at least five years; and
unutilized land means any private or public landthat has been neglected or unutilized for a period of at
least ten years.
PART II ESTABLISHMENT, POWERS AND
FUNCTIONS OF THE NATIONAL SETTLEMENT
BOARD
Establishment ofthe National
Settlement Board.
3. (1) There is hereby established a Board to be
known as the National Settlement Board.
(2) The Board is a body corporate with perpetual
succession and a common seal and shall, in its corporate
name, be capable of
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(a) suing and being sued;(b) purchasing or otherwise acquiring,
holding, charging and disposing of
moveable and immovable property;
(c) borrowing money;(d) doing or performing all other things
or acts necessary for the proper
performance of its functions under
this Act, which may lawfully be
done or performed by a body
corporate.
Functions of the
Board.4. The functions of the Board shall be to
(a) direct and control activities relatedto the buying or acquisition of land
for the purpose of settlement of
squatters and landless people;
(b) ensure that people who areinternally displaced from their
homes or legally acquired lands are
re-settled on the land they
previously owned or any other
available land;
(c) ensure that bona fide squatters arenot evicted from private,
Government, county council, city
council, municipal council, town or
urban council land without an
alternative placement;
(d) ensure that settlement of squattersand landless people does not take
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place in water catchment areas;
(e) maintain a record pertaining to thesettlement of squatters and landless
people;
(f) determine who is a squatter orlandless person; and
(g) undertake any other business whichis incidental to the performance of
any of the foregoing functions.
Powers of theBoard.
5. (1) The Board shall have all the powers necessary
for the proper performance of its functions under this Act
and, in particular but without prejudice to the generality
of the foregoing, the Board shall have power to
(a) enter into contracts;(b) manage, control and administer its
assets in such manner and for such
purposes as best promote thepurpose for which the Board is
established;
(c) receive any gifts, grants, donationsor endowments made to the Board
or any other moneys in respect of
the Board and make disbursements
therefrom in accordance with the
provisions of this Act;
(d) enter into association with suchother bodies or organizationswithin or outside Kenya as it may
consider desirable or appropriate
and in furtherance of the purposes
for which it is established; and
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(e) open a banking account or bankingaccounts for the funds of the Board
into which all moneys received by
the Board shall be paid in the first
instance and out of which all
payments made by the Board shall
be made.
(2) The Board may authorize a member or an
employee to exercise on its behalf such of its powers as it
may from time to time specify, but the exercise of such
powers shall, to the extent required by the Board, be
reported within the specified time to a meeting of the
Board.
Composition ofthe Board.
6. (1) The Board shall comprise of
(a) a Chairperson appointed by theMinister;
(b) the Permanent Secretary of theMinistry for the time beingresponsible for matters relating to
lands and settlement;
(c) the Permanent Secretary of theMinistry for the time being
responsible for matters relating to
finance;
(d) the Permanent Secretary of theMinistry for the time being
responsible for matters relating toagriculture;
(e) the Permanent Secretary of theMinistry for the time being
responsible for provincial
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administration and internal
security;
(f) the Permanent Secretary of theMinistry for the time being
responsible for environment and
natural resources;
(g) the Permanent Secretary of theMinistry for the time being
responsible for local authority;
(h) at least one person nominated byeach province in accordance with
such procedure that the Minister
shall prescribe;
(i) a Managing Trustee appointed inaccordance with section 8:
Provided that at least one-third of the members of
the Board shall be women.
Conduct ofbusiness of the
Board
7.(1) The conduct and regulation of the business and
affairs of the Board shall be as provided in the Schedule.
(2) Except as provided in the Schedule, the Board
may regulate its own procedure.
Delegation by theBoard.
8. The Board may, by resolution either generally or
in any particular case, delegate to any committee of the
Board or to any officer, member of staff or agent of the
Board, the exercise of any of the powers or the
performance of any of the functions or duties of the Boardunder this Act.
Remuneration of
members of theBoard.
9. The members of the Board shall be paid such
remuneration, fees, allowances and disbursements for
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expenses as may be approved by the Minister for the time
being responsible for finance, on the recommendation ofthe Board.
The ManagingTrustee.
10. (1) There shall be a Managing Trustee of the
Board who shall be appointed by the Board.
(2) The Managing Trustee shall hold office on such
terms and conditions of employment as the Board may
determine.
(3) The Managing Trustee shall be an ex-officiomember of the Board but shall have no right to vote at any
meeting of the Board.
(4) The Managing Trustee shall be the chief executive
officer of the Board and shall, subject to the direction of
theBoard, be responsible for the day to day management
of the Board.
Functions of the
ManagingTrustee.
11. (1) The Managing Trustee shall, in consultation
with the Board, be responsible for the direction of the
affairs and transactions of the Board, the exercise,discharge and performance of its objectives, functions and
duties.
(2) The Managing Trustee shall
(a) ensure the maintenance ofefficiency and discipline by all staff
of the Board;
(b) manage the budget of the Board toensure that its funds are properlyexpended and accounted for; and
(c) perform such other duties as theBoard may, from time to time,
assign.
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Staff of theBoard.
12. The Board may employ such staff as may benecessary for the proper and efficient discharge of its
functions under this Act, upon such terms and conditions
of service as the Board may determine.
Common seal of
the Board.13. (1) The common seal of the Board shall be kept in
the custody of the Managing Trustee or of such other
person as the Board may direct, and shall not be used
except upon the order of the Board.
(2) The common seal of the Board, when affixed to a
document and duly authenticated, shall be judicially and
officially noticed, and unless the contrary is proved, any
necessary order or authorisation by the Board under this
section shall be presumed to have been given.
(3) The common seal of the Board shall be
authenticated by the signature of the Chairperson of the
Board and the Managing Trustee:
Provided that the Board shall, in the absence of either
the Chairperson or the Managing Trustee, in anyparticular matter, nominate one member of the Board to
authenticate the seal of the Board on behalf of either the
Chairperson or the Managing Trustee.
Protection ofBoard from
liability.
14. (1) Liability shall not attach to the Board, or to
any of its staff, or to a member of the Board for loss or
damage sustained by any person as a result of any act or
omission done or made in good faith and without
negligence in the performance or exercise or the intended
performance or exercise of any duty or power imposed or
conferred by or under this Act.
(2) Any expenses incurred by any person in any suit
or prosecution brought against him in any court in respect
of any act which is done or purported to be done by him
under the direction of the Board shall, if the court holds
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that such act was done in good faith, be paid out of the
general funds of the Board, unless such expenses arerecovered by him in such suit or prosecution.
Liability of Boardfor damages.
15. The provisions ofsection 14 shall not relieve the
Board of the liability to pay compensation or damages to
any person for any injury to him, his property or any of
his interests caused by the exercise of any power
conferred by this Act or by any other written law or by the
failure, whether wholly or partially, of any works.
PART IIIFINANCIAL PROVISIONS
Funds of theBoard.
16. The funds and assets of the Board shall comprise
of
(a) such moneys as may beappropriated by Parliament for the
purposes of the Board;
(b) such monies or assets as mayaccrue to or vest in the Board in thecourse of the exercise of its powers
or the performance of its functions
under this Act;
(c) such moneys as may be payable tothe Board pursuant to this Act or
any other written law;
(d) such gifts as may be given to theBoard; and
(e) all moneys from any other sourceprovided, donated or lent to the
Board.
Annual estimates. 17. (1) At least three months before the
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commencement of each financial year, the Board shall
cause to be prepared estimates of its revenue andexpenditure for that financial year.
(2) The annual estimates shall make provision for all
estimated expenditure of the Board for the financial year
concerned, and in particular shall provide for
(a) the payment of the salaries,allowances and other charges in
respect of the officers, members of
staff, or agents of the Board;
(b) the payment of the pensions,gratuities and other charges in
respect of retirement benefits
payable to the members of staff of
the Board;
(c) the proper maintenance of thebuildings and grounds of the Board;
(d)
the proper maintenance, repair andreplacement of the equipment and
other movable property of the
Board; and
(e) the creation of such reserve fundsto meet future or contingent
liabilities in respect of retirement
benefits, insurance, replacement of
buildings or equipment, or in
respect of such other matters as the
Board may deem fit.
(3) The annual estimates shall be approved by the
Board before the commencement of the financial year to
which they relate and, once approved, the sum provided in
the estimates shall be submitted to the Minister for
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approval.
(4) No expenditure shall be incurred for the purposes
of the Board except in accordance with the annual
estimates approved under subsection (3), or in pursuance
of an authorisation of the Board given with prior written
approval of the Minister.
Accounts and
audit.18. (1) The Board shall cause to be kept proper books
and other records of accounts of its income, expenditure,
assets and liabilities.
(2) Within a period of three months after the end of
each financial year, the Board shall submit to the
Controller and Auditor-General its accounts in respect of
that year, together with
(a) a statement of income andexpenditure during that financial
year; and
(b) a statement of the assets andliabilities of the Board on the lastday of that financial year.
No. 12 of 2003
(3) The accounts of the Board shall be audited and
reported upon in accordance with the provisions of the
Public Audit Act.
PART IV ACQUISITION OF LAND AND
SETTLEMENT
Acquisition ofland for
settlement.
19. (1) The Board shall acquire such land that itmay deem necessary to settle squatters and the landless.
(2) In the acquisition of land for settlement, the
Board shall have regard to
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(a) protection from deprivation ofproperty as provided for in the
Constitution;
Cap. 295
(b) the procedures for compulsoryacquisition as provided for under
the Land Acquisition Act; and
(c) other relevant legal provisionspertaining to ownership and
utilization of land.
(3) Before acquiring any land for settlement, the
Board shall cause to be published a three months notice
on any such intended acquisition in the Gazette, and in at
least three newspapers with nationwide circulation.
(4) Any objection to the intended acquisition of land
by the Board shall be lodged with the Board, and the
Board shall hold public hearings to determine any
objection to the intended acquisition.
Acquisition ofland through
purchase.
20.Notwithstanding the Boards right to acquire any
unutilized land under this Act, the Board shall enter into
negotiation on a willing-seller willing-buyer basis with
any landowner who may be interested in selling land to
the Board.
PART V CONSTITUENCY AND DISTRICT
SQUATTERS SETTLEMENT COMMITTEES
Establishment ofConstituency
SquattersSettlement
Committee.
21. (1) There shall be established in everyconstituency Gazetted by the Electoral Commission a
Constituency Squatters Settlement Committee.
(2) Members of a Constituency Committee shall
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comprise of at least two representatives nominated by
each location in accordance with such regulations as theMinister may make:
Provided that one representative nominated by a
location shall be of a different gender from the other.
(3) Members of a Constituency Committee shall
elect a chairperson and vice-chairperson of the
Constituency Committee from amongst their number, and
the chairperson and vice-chairperson shall be of opposite
gender.
(4) The following persons shall be ex officiomembers of the Constituency Committee, but shall have
no right to vote at any meeting of the Constituency
Committee
(a) the member of Parliament for theconstituency concerned;
(b) District Officers whose areas ofjurisdiction falls within theconstituency concerned;
(c) the District Settlement Officer ofthe district in which the
constituency is located;
(d) the District Agricultural Officer ofthe district in which the
constituency is located; and
(e) one Councilor nominated by thelocal authority of the area in whichthe constituency is located.
(5) The Constituency Committee shall, once in
every five years, compile or cause to be compiled, a list of
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all squatters in the constituency, provided such squatters
submit to the Constituency Committee the following
(a) a written application for settlement;(b) a national identity card;(c) a voters card;(d) proof of residence in the area;(e) the number of dependants;(f) the area of residence and period at
the time of application;
(g) current occupation;(h) any other information that the
Constituency Committee may deem
necessary.
Establishment of
DistrictSettlementCommittee.
22. (1) There shall be a District Squatters SettlementCommittee in every district comprising of
(i) members of Parliament of allconstituencies falling within the
district concerned;
(ii) the District Land Registrar;(iii) the District Settlement Officer;(iv) the District Agricultural Officer;(v) a representative from the civil
society;
(vi) two women representing the youth
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and women groups.
(2) The District Committee shall oversee the
activities of the Constituency Committee.
PART VI SETTLEMENT OF SQUATTERS
Settlement ofsquatters.
23. (1) The Board shall, within ninety days after
identification and acquisition of land for settlement,
gazette all pieces of land earmarked for settlement of
squatters.
(2) The Board shall consider the list of squatters
submitted by the District Committee for possible
settlement in any gazetted settlement scheme in the
district:
Provided that a person who has resided in a
particular district as a squatter for a minimum of twelve
years, or such other period as the Board may determine,
shall be given priority during settlement.
(3) The Board shall ensure that prior to settlement
of squatters from outside their original districts, consent
shall have been obtained from the respective District
Committee.
(4) In allocating land for settlement of squatters, the
Board shall ensure that the minimum acreage is five acres
in high or medium potential areas, and not more than fifty
acres in semi-arid or marginal areas.
(5) The Board shall, in settling squatters and the
landless, consider those persons evicted from gazetted
forest areas, and those occupying pieces of land less than
one hectare.
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(6) The Board shall ensure that allottees in a
settlement land are given, on concessionary terms,agricultural inputs and other facilities to start off the new
settler.
(7) The Board shall, for a period of five years after
allotment, be a joint-owner of all the gazetted pieces of
land set aside for the settlement of squatters.
(7) The land gazetted by the Board and allocated to
a person shall not be sold, charged or by any other means
be transferred to a third party without the authority of the
Board, until expiry of twenty-five years, or such further
period as the Board may determine, from the date of the
allocation.
PART VIIMISCELLANEOUS
Annual report ofthe Board.
24.(1) The Board shall cause to be prepared for
submission to the National Assembly an annual report of
its activities, pieces of land gazetted for settlement, the
number of persons settled and such other matters as the
Minister may direct.
Offence andpenalty.
25. Any person who willingly gives false information
to the Board for purpose of settlement commits an offence
and shall be liable, upon conviction, to a fine not
exceeding one hundred thousand shillings or
imprisonment for a term not exceeding two years, or both.
Regulations. 26. The Minister may, in consultation with the
Board, make regulations for the better carrying into effect
the provisions of this Act.
SCHEDULECONDUCT OF BUSINESS OF THE BOARD (s. 7)
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Tenure of office. 1. (1)Any member of the Board, other than an ex
officio member shall, subject to the provisions of thisSchedule, hold office for a period of five years, on such
terms as may be specified in the instrument of their
appointment, but shall be eligible for re-appointment for
one further term of five years.
(2) The Board shall appoint a vice-chairperson
from among the members, provided that the chairperson
and the vice-chairperson shall be from the opposite gender.
Vacation of
office.
2. A member of the Board, other than an ex officiomember, may
(a) at any time resign from office bynotice in writing to the Minister;
(b) be removed from office by theMinister if the member
(i) has been absent from threeconsecutive meetings of the
Board without thepermission of the
Chairperson;
(ii) is adjudged bankrupt orenters into a composition
scheme or arrangement with
his creditors;
No. 3 of 2003
(iii) is convicted of fraud,forgery, uttering a forged
document, or for any offenceunder the Anti-Corruption
and Economic Crimes Act;
(iv) is convicted of a criminaloffence and sentenced to
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imprisonment for a term
exceeding six months or to afine exceeding ten thousand
shillings; or
(v) is incapacitated byprolonged physical or mental
illness or is deemed
otherwise unfit to discharge
his duties as a member of the
Board.
Meetings. 3. (1) The Board shall meet not less than four times
in every financial year.
(2) Notwithstanding the provisions of subparagraph
(1), the Chairperson or any three other members of the
Board may call a special meeting at any time where it is
deemed expedient for the transaction of the business of the
Board, by giving not less than seven days written notice
to the members.
(3) Unless three quarters of the total members ofthe Board otherwise agree, at least fourteen days written
notice of every meeting of the Board shall be given to
every member of the Board.
(4) The quorum for the conduct of the business of
the Board shall be half of the members of the Board.
(5) The Chairperson shall preside at every meeting
of the Board at which he is present but, in his absence, the
vice-chairperson shall preside and, in his absence, the
members present shall elect one of their numbers whoshall, with respect to that meeting and the business
transacted thereat, have all the powers of the Chairperson.
(6) Unless a unanimous decision is reached, a
decision on any matter before the Board shall be by a
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majority of votes of the members present and, in the case
of an equality of votes, the chairman or the personpresiding shall have a casting vote.
MEMORANDUM OF OBJECTS AND REASONS
The principal object of this Bill is to provide for the identification of
unutilized land and the establishment of a National Settlement Board for
addressing issues pertaining to settlement of squatters and the landless.
Part 1 provides for preliminary matters.
Part II provides for the establishment of the National Settlement Board,
its powers and functions. Clause 3 establishes the Board as body
corporate, with all attributes of such body corporate. Clause 4 lays down
the functions of the Board while clause 5 provides for its powers.
Part III contains the financial provisions. Clause 16 provides for thefunds
of the Board which, inter alia, includes money appropriated by
Parliament. Clause 17 provides for the annual estimates of the Boardwhile clause 18 provides for the accounts and audit of the books of
accounts and records of the Board.
Part IV contains provisions on the acquisition of land for the settlement
of squatters and the landless. It provides for the manner in which such
acquisition is to be done.
Part V contains provisions on the establishment of Constituency and
District Squatters Settlement Committees. It vests power on the
Committees to identify and compile a list of squatters and the landless in a
given area for purposes of settlement.
Part VI contains provisions on the settlement of squatters by the Board,
and lays down the manner in which such settlement is to be done.
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Part VII contains miscellaneous provisions. Clause 24 requires the Board
to submit an annual report of its activities to the National Assembly whileclause 25 contains provisions on offence and penalty. Clause 26
empowers the Minister to make rules for the better carrying into effect the
provisions of thee Bill once enacted into an Act.
The enactment of this Bill will occasion additional expenditure of public
funds which will be provided for in the estimates.
Dated the............................................................, 2007.
G. G. KARIUKI,
Member for Laikipia West