the squatters settlement bill 2007

7/28/2019 The Squatters Settlement Bill 2007

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The Squatters Settlement Bill, 2007

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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

the squatters settlement bill 2007

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