Court tells Ngilu and Swazuri to hold talks

The Supreme Court has directed Land secretary Charity Ngilu and the National Land Commission to hold talks within 90 days over differences in their mandate.

The court said on Thursday it would give an advisory opinion in the event that the two parties fail to reach an agreement.

The NLC had filed a case seeking an interpretation of its role and mandate in relation to land administration and management in the country.

The commission had argued that the Cabinet secretary had, on several occasions, published land registration regulations without consulting it.

The Muhammed Swazuri-led commission said it was certain that land registrars and surveyors fell in its docket, but Ms Ngilu had made it appear like the commission was subordinate to her.

NLC said title deeds and land leases issued  from March without its seal are not recognised by the law.

Wrangling between Ms Ngilu and Mr Swazuri has hurt land transfers, leases and signing of title deeds.

READ: Swazuri sues Ngilu for Lands registry closure

Article 67 of the Constitution establishes the NLC to manage public land on behalf of national and county governments.

Both the Land Act and the NLC Act give the commission power to register, manage and issue title deeds.

Section Six of the Lands Act specifies that the Lands secretary should develop policies upon recommendation of the NLC and facilitate implementation of land reforms.

The law provides that the Cabinet secretary should regulate service providers and professionals, including physical planners, surveyors, valuers and estate agents.