9 August, 2018 COUNTY ASSEMBLY DEBATES 1 REPUBLIC OF KENYA NYANDARUA COUNTY ASSEMBLY OFFICIAL REPORT. Thursday 9 th August 2018

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1 9 August, 2018 COUNTY ASSEMBLY DEBATES 1 REPUBLIC OF KENYA NYANDARUA COUNTY ASSEMBLY 2 ND ASSEMBLY- 2 ND SESSION OFFICIAL REPORT Thursday 9 th August 2018 The Assembly met at the Assembly Chamber at 2.30 P.M. [The Deputy Speaker (Hon. Zachary Njeru) in the Chair] PRAYER QUORUM CALL STATEMENTS 1. STATUS OF MAGOMANO WATER PROJECT 2. STATUS OF TREE HARVESTING IN NYANDARUA Yes, Member for Mirangine and the chairperson Committee on Water Tourism Environment and Natural Resources. Hon. Samuel Mathu: Thank you, Mr Speaker I would like to seek leave on this statement Speaker: Before this House grants you leave we would like to get a reason for seeking that leave. Hon. Samuel Mathu: Thank you Mr Speaker, we are all aware of what happened to the acting chief officer for Water Department, Eng. Gaiko. He has not come back. For those reasons, we are asking for one week. Speaker: I understand that the House Business Committee did not sit and it has not been considered because of the reasons that you have mentioned. That business shall be allocated time on Thursday 16 th August I also want to communicate to all chairpersons that if there is any summon that has not been honoured by whichever department, you should notify the House Business Committee so that it can make recommendations on the same. The leave is granted but make sure that you honour your promise. I think the same applies to the next statement. Next order. MOTION

2 9 August, 2018 COUNTY ASSEMBLY DEBATES 2 STATUS OF THE AMS STATION AND SOIL AND FEEDS TESTING LABORATORY Yes, Member for Gathaara and the Chairperson Committee on Agriculture Livestock Development and Fisheries Hon. Andrew Kamau. Hon. Andrew Kamau: Thank you Mr Speaker for giving this chance. I beg to move the following motion: That this House does adopt the report of the committee on Agriculture, Livestock Development and Fisheries on the status of the Agricultural Mechanisation Services station and the Soil and Feeds Testing Laboratory in Nyahururu as a report of this House and the recommendations therein as resolutions of the House. Mr Speaker this committee has been gathering information relating to Agricultural Mechanisation Services station and the Soil and Feeds Testing Laboratory in Nyahururu. (Hon. Loise Kimondo rises on a point of order) Speaker: What is it county member from Gathanji, Hon. Loise Kimondo? Hon. Loise Kimondo: Mr Speaker is it on order for Hon Suleiman to adjust his clothes in the House. (Hon. Kenn Mukira rises on a point of order) Speaker: Member for Karau you know that we cannot have two points of order at the same time. However, I think that the Member for Kanjuiri is a senior Member of this House and he has done the needful. For the county member for Gathanji it is not in order for any member to address this House while seated, I think she is still learning. Member for Gathaara proceed Hon. Andrew Kamau: Mr. Speaker, Sir, on the 14 th Day of June 2018, Hon, Isaac Kung u, MCA, Wanjohi Ward, rose on the floor of the House with an urgent statement regarding the invasion of the Agriculture Mechanization Services Station situated in Nyahururu town by Laikipia County enforcement officers. The matter was referred to the Agriculture, Livestock and Fisheries committee to respond to urgently. On the 20 th Day of June 2018, the committee tabled a progress report highlighting the activities that took place during the invasion. However, the committee requested for more time so as to be able to receive and interrogate documents from the Executive department and undertake further investigation into the matter. Mr. Speaker Sir, thereafter the committee sought for various documents from the Executive department and held several committee meeting to interrogate the submissions received. On 6 th July 2018, the committee undertook a site visit to the AMS Station located in Nyahururu Town and held a meeting with the Station Manager. Further, the committee received several correspondences from the Department regarding the matter. Finally, the committee compiled a report incorporating all the activities undertaken, information gathered and recommendations therein. Members can see the committee s mandate and the members of the committee. Mr. Speaker, Sir, I wish to extend my sincere appreciation for the invaluable support accorded to the Committee by this House in ensuring that the Committee delivers its mandate.

3 9 August, 2018 COUNTY ASSEMBLY DEBATES 3 I also wish to recognize the efforts and commitment of the Honourable Members of this Committee during the process of coming up with the report. We extend our gratitude to your Office and that of the Clerk for the support accorded to the committee during the entire exercise. Finally, Mr. Speaker Sir, it is my pleasure, on behalf of the Committee on Agriculture, Livestock and Fisheries to present this report to the House for Adoption. (Hon. Kieru Wambui enters the chambers inappropriately dressed) (Hon. Paul Ngeche rises on a point of order) Speaker: What is it Member for Kipipiri? Hon. Paul Ngeche: Mr Speaker we have a stranger in the House Speaker: Do we really have a stranger in the House? (Hon. Kieru Wambui exits the chambers) The Member has done the needful. Member for Gathaara, proceed. Hon. Andrew Kamau: Mr. Speaker, Sir, there are twenty-four Agricultural Machinery Services (AMS) stations across the country, which have been devolved to the County Governments. The AMS stations provide hire tractor machinery services for the farmers. These centres generate revenue for the ministry of agriculture (county governments), regulate cost of hiring tractor and provide service to farmers. The committee was informed of the forceful entry to the AMS Station by Laikipia County enforcement officers but upon further inquiry, it was discovered that the invasion was on the Soil Feeds and Testing Laboratory adjacent to the Station. The attack took place on two different days and the incidences were reported to the OCS Nyahururu Police Station. Through its deliberations and undertakings, the committee observed several pertinent issues that have been highlighted in this report including land ownership and encroachment. Part of the land that houses both the AMS station and soil feeds and testing laboratory have been hived off and certificates of leases issued which is a major concern to the committee. Mr. Speaker, Sir, the importance of having such an AMS station cannot be overemphasized and the Government needs to come out clear on the ownership details. The land status as per the Transition Authority clearly indicates that the station belongs to Nyandarua County Government as per Legal Notice No.33of 2014 on Transfer of Functions (annex 1). The committee further looked into the public land allocation process in Kenya in relation to the allocation process of the hived parcels of land. Finally, the committee made its recommendations and proposals that should be implemented to ensure the matter is resolved. Mr. Speaker, Sir, the Committee has looked into details of the issues surrounding the AMS Station and the Soil and Feeds Testing Laboratory both based in Nyahururu Town. On 14 th June, 2018 Hon. Isaac Kung u, MCA Wanjohi Ward raised a statement and informed the House that there was a matter of County importance that required the urgent attention. He informed the House that the matter was in regard to the invasion of Agriculture Mechanization Services (AMS) Offices by Officers from Laikipia County Government. The offices are situated in Nyahururu Town though they belong to the County Government of Nyandarua. On 5 th June 2018, officers from Laikipia County government had invaded the offices, broke the padlocks, mounted their padlocks, and directed the contractor who was on site erecting a perimeter wall to

4 9 August, 2018 COUNTY ASSEMBLY DEBATES 4 vacate the premise with immediate effect. The act was both provocative and uncivil from a government and considering that Transition Authority (TA) had transferred the assets and premises to the County Government of Nyandarua. It was of concern that in the event of delay by the County Government, the County and people of Nyandarua stand to lose the structures, assets and the land on which the offices are situated. On Wednesday 20 th June, 2018, the chairperson of the Committee on Agriculture, Livestock and Fisheries Development reported to the house on the progress made by the committee with regard to the invasion of AMS offices in Nyahururu by officers from Laikipia County Government. The chairperson reported that the committee had received written submissions from the County Executive Department on Agriculture, Livestock and Fisheries Development. In the said submissions, the chairperson noted that the Chief Officer informed the committee that the AMS is recognized by the Ministry of Agriculture, Livestock and Fisheries as a property under the county government of Nyandarua. The AMS was handed over to the county governments after devolution by the national government vide legal notice no. 33 of 2014 on Transfer of Functions (annexed). The department also reported that the CECM had visited the scene on 5 th June, 2018 and on 6 th June, 2018, he did a letter to the County Secretary since this was an inter-county issue. By 6 th June, 2018, the enforcement officers from Laikipia County had already occupied the premise. The department also confirmed that same officers had broken the offices padlocks and replaced them with theirs. The Chairperson noted that there are deeper issues that need to be dealt with other than the invasion and the committee requested for more time to deal with the issues conclusively. Mr. Speaker, Sir, the stations were established in mid 1940s to primarily carry out large scale soil and water conservation and opening up of new agricultural land. In the 1970s the stations were added more responsibility of tractor hire services to assist farmers improve agricultural productivity. The role of Agricultural Mechanization Services is to strengthen construction of soil and water conservation structures to enhance and conserve the natural reserve base for sustainable agricultural production, open new agricultural land and enhance efficiency in farm operations. Due to the emerging changes in climate change, the role of soil and water conservation will increase in our agricultural development. The future outlook for AMS Stations remains critical in addressing the increasing challenges of agricultural productivity and climate change. Core functions of the AMS Stations include: On farm mechanization services that include ploughing, harvesting and processing Mechanized soil and water conservation services (dams,terraces, farm roads, bush clearing and land levelling) Survey and design conservation structures Mechanization extension (equipment/machinery calibration, dam maintenance, plant operator training, promote appropriate land management and conservation methods) Advise farmers on appropriate machinery and equipment suitable for various farm operations; and Revenue collection for services provided. There are 24 AMS stations in the Country whose services are highly subsidized by the Government for the wider application and utilization. Nyahururu AMS station is located in

5 9 August, 2018 COUNTY ASSEMBLY DEBATES 5 Nyahururu Town with the host County being Nyandarua and County coverage also being Nyandarua County. AMS Nyahururu Land Status Pursuant to section 15 of the sixth schedule to the Constitution as read with section 23 and 24 of the Transition to Devolved Governments Act, 2012 and further to the Kenya Gazette Supplement No.116 of 2013, the Transition Authority approves the transfer of: a) the Agricultural Training Centre specified in the First Column of Part A of the Schedule to the respective County government specified in the fourth column of Part A of the schedule; and b) the Agricultural Mechanization Station specified in the First Column of Part B of the Schedule to the respective county government specified in the third column of Part B of the schedule with effect from the 28 th February, 2014: Provided that where an Agricultural Training Centre or Agricultural Mechanization Station is shared between two or more county governments shall establish joint committees which shall; a) Enter into an agreement providing for the manner in which the Agricultural Training Centre or Agricultural Mechanization Station shall be managed; b) Jointly develop an annual budget to cater for the operational costs of the Agricultural Training Centre or Agricultural Mechanization Station. (Legal Notice No.33 and Schedule Annex 1 The schedules as provided indicate the following: (Annexed) Name of ATC/AMS Status Hosting County ATC/AMS transferred to the County Government specified herein Oljoro-Orok ATC Established Nyandarua Nyandarua and Laikipia Njabini ATC Established Nyandarua Nyandarua Nyahururu AMS Established Nyandarua Nyandarua Source: TA Legal Notice No. 33 of 2014 Nyahururu Soil and Feeds Testing Laboratory. Since the 1970s when they were put up together with Tulaga veterinary clinic, Nyahururu veterinary clinic has always been under Nyandarua, previously known as Nyandarua District and now as Nyandarua County after Devolution in The facility had always been occupied by veterinary officers from Nyandarua up to 2011 when these officers were moved and housed by Nyandarua West District (now Oljoro-Orok sub county), for renovations to be done to the facility. Houses within the same compound however continue to be occupied by staff of Nyandarua. Since the 2013/14 FY and after devolution, the Nyandarua County Government through the Department of Agriculture, Livestock and Fisheries has been doing renovations and

6 9 August, 2018 COUNTY ASSEMBLY DEBATES 6 improvements to the facility for the purpose of turning it into an ultra-modern Soil and Feeds testing Laboratory for the entire region and not just for Nyandarua farmers. The outcome expected is high quality feeds in the market and improved soil management practices by our farmers in addition to revenue earned by the county government. The land on which the veterinary clinic is situated is Block 8 Nyahururu Municipality and no letter of allotment or certificate of lease has ever been issued. What is available are plans that do not indicate whether or not the land belongs to Laikipia County or Nyandarua County. Committee Findings and Observations Mr. Speaker, Sir, upon the committees deliberations, interactions with the executive department and site visit the following was observed: 1. Two forceful invasions by enforcement officers from Laikipia County Government took place in the veterinary clinic building that was being renovated to house the Soils and Feeds Testing Laboratory and not on the Agriculture Mechanization Services (AMS) station i.e. on 5 th June, 2018 and 25 th June, Upon a visit to the scene by the CECM and CO the invasion was reported to the OCS Nyahururu Police Station under OB No. OB/36/13/6/ Following the invasion on 25 th June, officers from Laikipia County government were arrested and were to appear in court on 28 th June The reasons given for the invasion were; a. Felling of 26 trees by the contractor to give way for the construction of a perimeter fence; b. The approval of plans for the construction of the fence had not been availed. 3. There are a total of 10 staff working at the AMS Station who are employees of Nyandarua County Government. There are currently no staff deployed at the soil and feeds testing laboratory as it has been undergoing renovation. The staff previously working there were deployed to other stations. 4. From the enquiries with the department of Agriculture, Livestock and Fisheries Development, the committee established that the AMS possess two parcels of land in located in Nyahururu town. These two parcels are; a) L.R. No. 6585/114 measuring 5.51 acres b) L.R. No. 6585/115 measuring 7.23 acres However, there are no title documents issued or in possession of the AMS conferred to the institution or the County Government of Nyandarua. 5. The committee further observed that there has been encroachment/illegal land allocations of L.R. No. 6585/114 with eight plots measuring approximately 0.046Ha each being hived off the land and allocated to private persons.

7 9 August, 2018 COUNTY ASSEMBLY DEBATES 7 Information availed to the committee indicated that the identity of alleged owners of three out of the eight plots could not be established. The committee was notified that the land had been allocated as follows: Plot No. Area in Ha 1. NYAHURURU 8/ NYAHURURU 8/ NYAHURURU 8/ NYAHURURU 8/ NYAHURURU 8/ NYAHURURU 8/ NYAHURURU 8/961 Nature title of Beneficiary Remarks Leasehold Silas Mugo Certificate Of Lease Issued For 99 Years From 01/12/ Leasehold Not Known Certificate of lease not seen Leasehold Not Known Certificate of lease not seen Leasehold Not Known Certificate of lease not seen Leasehold Karandi Farm Ltd Leasehold Jane Muthoni Mwangi Leasehold Mart Properties Limited Certificate Of Lease Issued For 99 Years From 01/12/1998 Certificate Of Lease Issued For 99 Years From 01/12/1998 Certificate Of Lease Issued For 99 Years From 01/12/1998

8 9 August, 2018 COUNTY ASSEMBLY DEBATES 8 8. NYAHURURU 8/ Leasehold SAF(KENYA) Ltd Source: County Department of Agriculture, Livestock and Fisheries June 2018 Certificate Of Lease Issued For 99 Years From 01/12/ The committee was further informed that there has been occasional encroachment by illegally fencing off parts of on L.R. No. 6585/115 with attempts to grab part of the land. In addition, there has been constructed a feeder road within the land that has led to the hiving off about half an acre of land off the main parcel. 7. The committee was informed that a meeting had been held between the two County Governments on 3 rd July and co-chaired by H.E Cecilia Mbuthia and H.E John Mwaniki (Deputy Governors, Nyandarua County and Laikipia County respectively) deliberated on the issue of the soil and feeds testing laboratory and came up with several resolutions. However, the resolutions were not adopted and signed. (Annexure 4) 8. The total expenditure incurred by Nyandarua County Government on the soil and feeds laboratory is a total of Kshs. 18,818,530. FINANCIAL YEAR DESCRIPTION EXPENDITURE REMARKS 2014/15 Rehabilitation of Soil and 769,022 Paid feeds testing lab 2016/17 Rehabilitation of Soil and 1,859,480 Paid feeds testing lab 2014/2015 Purchase of soil laboratory equipment 8,911,840 Equipment bought awaiting installation 2017/18 Reinforcement of windows 1,050,000 Contractor on site. 2017/18 Construction of perimeter fence 1,268,788 On-going. Disrupted during the invasion 2017/18 Purchase of equipment 4,959,400 Delivered awaiting installation i. (fully automate d distillati

9 9 August, 2018 COUNTY ASSEMBLY DEBATES 9 on system ii. General chemical gas hood iii. Fully automate d water distiller) etc TOTAL 18,818,530 Source: County Department of Agriculture, Livestock and Fisheries (2 nd August 2018) Recommendations Conclusion. 1. That, the Office of the County Attorney does immediately undertake measures to secure the legal status of the parcels of land to establish circumstances under which public land was allocated to private persons. 2. That, the CECM for Agriculture, Livestock and Fisheries in conjunction with the Office of the County Attorney does follow up on the complaint made at the Nyahururu Police Station and the court cases against the Laikipia County Government enforcement officers. 3. That, the CECM for Lands, Housing, Physical Planning and Urban Development does identify all parcels of land belonging to Nyandarua County Government that are located in Nyahururu Town or other counties. 4. That, the CECM for Lands, Housing and Physical Planning does liaise with the National Land Commission on acquiring title documents for all parcels of land that belong to Nyandarua County Government. 5. That, the CECM Lands, Housing and Physical Planning does liaise with the National Lands Commission to ensure revocation of illegally acquired land (Nyahururu Municipality Block No. (8/955, 8/956, 8/957, 8/958, 8.959, 8/960, 8/961 and 8/962) 6. That, this committee be tasked with the mandate to undertake a further inquiry to establish the process and circumstances under which public land was allocated to individual persons and the culpability of those involved for further legal action. Mr. Speaker, Sir, it is of great concern to the committee why and how public land has been allocated to private owners. Public Land is defined to include all land vested in the national and county government by law. The land in question was public land under the National Government which upon the constitution 2010 was conferred to the Nyandarua County in the year 2014 in accordance with the devolved function as outlined in the second part of the Fourth schedule to the Constitution. It will be of paramount importance for the committee to undertake further enquiries and an inquiry to establish the circumstances under which public land was allocated to individuals. The

10 9 August, 2018 COUNTY ASSEMBLY DEBATES 10 process of allocation of public land to private persons is well laid out in law and thus requires strict proof of compliance for the same to be considered valid or necessary. Mr Speaker this is the high time for the county to come up with a mechanism to protect our property without which other counties will use that chance to take belongs to this county. The committee on Inter-government should ensure that this county has a good relationship with other counties. This will ensure that disputes are solved well. If that laboratory would be operational, it would help people in both Laikipia and Nyandarua. The county should ensure that the properties that we have as a county have valid title deeds. This should be done by the county executive. This will prevent invasion. Those in Laikipia know that that land in Nyahururu does not have a title deed and that is why they can invade and destroy anything there. If the courts do not work we can do this politically. One investor by the name Thomas Edson once said that if a plan does not work, do not change the goal but change the plan. If the plan we are using now to take back our property in Nyahururu does not work, we should change the plan but we maintain the goal to get what is ours. I call Hon. Mary Waweru to second the motion. Speaker: Yes County Member from Shamata Hon. Mary Waweru: Thank you Mr Speaker (Hon. Gathure Wambui rises on a point of order) Speaker: What is it member for Kaimbaga. Hon. Gathure Wambui: Mr Speaker I was wondering whether it is appropriate to have a seconder for this motion considering that it is a first report and we are expecting the second. Speaker: Probably that is a genuine concern but the report on Agriculture Machinery Service station is the first report and it requires a secondment. County member from Shamata proceed. Hon. Mary Waweru: Thank you Mr Speaker. First, I want to congratulate (Hon. Paul Ngeche rises in a point of order.) Speaker: What is it Member for Kipipiri. Hon. Paul Ngeche: Mr Speaker is it in order to proceed while the House does not have the requisite quorum. QUORUM CALL (The bell rings for eight minutes and there is no quorum as confirmed by the Clerk-at-the-Table) ADJOURNMENT Speaker: Hon. Members because of unprecedented occasions and for the consideration of the Nyandarua County Appropriations Bill, at my discretion, I direct that we meet tomorrow at

11 9 August, 2018 COUNTY ASSEMBLY DEBATES A.M to consider the same. The Members of the Budget Committee should meet at 9.00 A.M so that they can fast track the process Therefore, this House stands adjourned to tomorrow Friday 10 th August 2018 at A.M. (The House rose at 3.30 P.M)