Ngilu, Swazuri in new court row over lease renewals
National Land Commission chairman Mohammed Swazuri (right) and Lands Cabinet secretary Charity Ngilu. FILE PHOTOS | NATION
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The commission reckons that the notice is unconstitutional, arguing that the supreme law gives it powers to renew leases.
High Court Judge Mumbi Ngugi told NLC to serve the cabinet secretary and the Attorney-General who has been enjoined to the suit in his capacity as an adviser to the government.
Work on fresh land regulations has been stalled by wrangling between Ms Ngilu and the NLC over who has power to sign land titles and grants.
The National Lands Commission (NLC) on Tuesday made a fresh court bid to stop Cabinet secretary Charity Ngilu's move to give the ministry powers to renew land leases.
Chairman Muhammad Swazuri has asked the court to revoke the Kenya Gazette notice issued by Ms Ngilu on August 1, which gave the acting chief lands registrar Jane Ndiba the power to sign leases.
The commission reckons that the notice is unconstitutional, arguing that the supreme law mandates it to renew leases.
Dr Swazuri says the gazette notice should be put on ice pending a Supreme Court judgment on the long-running dispute between the commission and the Lands Cabinet secretary in a row that has delayed property transactions worth billions of shillings.
“The cabinet secretary, without consultation with NLC proceeded to publish land registration regulations. This action violates the law and which empowers NLC to manage public land on behalf of the national and county governments,” Dr Swazuri said in court papers. He added that land owners would face legal challenges should the ministry be allowed to renew land leases.
Yesterday, High Court judge Mumbi Ngugi told NLC to serve the Cabinet secretary and the Attorney General who has been enjoined in the suit in his capacity as an adviser to the government. The judge will give further directions to the parties on Friday when she is expected to set a hearing date.
Ms Ngilu last month went to Parliament seeking authority to grant leases until the current impasse with the commission is resolved. The temporary arrangement is set to allow the chief lands registrar to clear a backlog of 1,700 pending lease applications, the Cabinet secretary maintains. Work on fresh land regulations has been stalled by wrangling between Ms Ngilu and the NLC over who has power to sign land titles and grants.
The Land Registration Act 2013 empowers the Registrar of Titles to sign leases, while the repealed Government Land Registration Act recognises the NLC boss as the signatory to the leases and land titles.
The commission has a pending suit at the Supreme Court where its seeking to determine whether land registrars are accountable to NLC or the ministry of land, housing and urban development.
Supreme Court judge Jackton Ojwang in June ordered that no public agency should make any crucial decisions regarding land until the matter is heard and determined.
“It is important that parties appearing before the Supreme Court refrain from conduct that undermines the said authority or the interests of the parties before the court,” said Tom Ojienda, lawyer for NLC in the suit.
The renewal of land leases risks delay following the fresh feud that looks set to dent investment plans by land owners due to uncertainty. Many land leases are due for renewal following provisions in the Constitution adopted in August 2010 which slashed the lease period to 99 years from the previous 999 years.
This mainly affected leases issued in the late 1800s and early 1900s with insiders at the Lands ministry indicating that most of the land parcels under this category are owned by foreign firms that occupy large tracts of land that support key economic activities such as flower, tea, coffee and horticultural farming.
Ms Ngilu and the NLC have been caught up in endless feuds over the management of the sensitive land matters with both sides claiming more superior roles.
Besides leases, the ministry and Dr Swazuri are fighting over powers to issue title deeds and approve transfer of land ownership. In May, the commission sued Ms Ngilu for allegedly paralysing its operations through the 10-day closure of the central national lands registry at Ardhi House in Nairobi.
