Ngilu defends appointments in Lands ministry

Lands cabinet secretary Charity Ngilu was on Tuesday taken to task over the appointment of Peter Kangathe Kahuho as the acting director general for lands.

The national assembly committee on lands chaired by Alex Mwiru (Tharaka) accused Ms Ngilu of making appointments in the ministry without due regard to the provisions of the law.

However, Ms Ngilu defended the appointment stating that the matter arose following the release of an Executive Order by President Kenyatta reorganizing ministries from the previous 42 to the current 18.

“Following the release of the Executive Order, the Ministry of State for Devolution and Planning, the directorate of Public Service Management issued circular letter No.MSPS/HRM/14/1/ (72) of June 14, 2013 to all Permanent Secretaries/authorized accounting officers directing restructuring and rationalization of the current government ministries in line with the Order,” Ngilu said in response to questions raised by Kirinyaga Central MP David Gitari.

However, the minister was unable to cite the specific section of the law-the Constitution and the Lands Registration Act, 2012-that empowers her to appoint director general for lands.

The MPs also questioned the legality or otherwise of title documents that have so far been signed by the said director generation who is awaiting formal confirmation and appointment by the Public Service Commission (PSC).

“What happened to the title deeds that were signed by Mr Zablon Mabea the former commissioner of lands when he was not gazetted to do so? What will also happen to those signed by Mr Kahuho whose appointment has not been formalized. Are they legal or not?” Gitari asked.

Ms Ngilu defended the appointment saying she acted in the best interest of the poor who have been trekking to the ministry headquarters to seek title deeds without success.

“We have over 20, 000 title deeds which are lying at the ministry awaiting signing. Mr Mabea wrote to me to inform me that he cannot sign the documents because he is not gazetted under the law to do so…that is why I revoked his appointment and appointed the Kahuho as the acting director pending formal appointment and tabling of regulations to this House for approval,” she said.

She said since the promulgation of the Constitution in 2010, titles have been signed and issued and therefore those signed by Mabea and Kahuho are legitimate.

“We need more people to be allowed to sign titles. Currently we only have one officer signing all this titles and this will delay issuance of the vital documents,” she said.
Ms Ngilu said Mr Mabea was appointed under the Registration of Titles Act which was repealed by the Land Registration Act 2012. “The new Act does not provide for the office of the commissioner of lands. After the repeal, Mr Zablon Mabea was administratively re-designated to lands secretary,” she said.

MPs Raymond Moi, Kanini Kaega and Agostinho Neto termed the appointment of Mr Kahuho, through a gazette notice two weeks ago as “illegal and should be revoked.”

Ms Ngilu said the ministry is being restructured and that a number of directorates-Lands, Housing, Public Works, Urban Development and Support Services-have been created to fast track harmonization of functions and ensure achievements of ministerial performance targets for the current financial year.

“I have deployed individual officers to head the directorates. It is therefore in this respect that I deployed Mr Kahuho as acting director for the lands directorate amongst others pending approval and formalization by the public service commission,” she said.

She denied claims that the government seal had been removed from Ardhi House and taken to Ruaraka Survey Field Office.

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