Supreme Court to hear Swazuri, Ngilu row May 22

Commission for the Implementation of the Constitution (CIC) has withdrawn its preliminary objection to the application for an advisory opinion filed at the Supreme Court by National Land Commission.

The commission chaired by Charles Nyachae on Wednesday told the Supreme Court it had withdrawn the objection it filed a week ago.

It had opposed the application, arguing the NLC case seeks interpretation of law, which CIC said is the reserve of the High Court.

“I had filed a notice of preliminary objection on April 20, 2014,” CIC lawyer Paul Nyamondi told Supreme Court deputy Registrar Lucy Njora, who by consent of all parties, allowed withdrawal of the application.

Ms Njora directed the parties in the suit to file and serve all necessary documents before the hearing date of the application by two Supreme Court judges on May 22.

On Wednesday, the Law Society of Kenya (LSK) and Kituo cha Sheria applied to be enjoined in the application as an interested party and friend of court respectively.

LSK said the wrangling between the Lands ministry and NLC over responsibilities has slowed down the land transactions and policy development.
LSK said this was affecting its members, who handle the transactions on behalf of clients.

“(We pray that) honourable Court be pleased to grant the proposed interested party, LSK, leave to be enjoined as an interested party to the proceedings herein,” says the LSK application.

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Kituo Cha Sheria said having helped so many needy people in litigation and participated in many exercises on land policies and law, it has experience and expertise to assist court to arrive at informed decision.

The NLC had sought an advisory opinion from the Supreme Court to resolve a stalemate between itself and the ministry of Lands.

It seeks interpretation of the law and the Constitution regarding the mandates of the NLC and the Lands ministry and an advisory on land administration and management.

Also being sought is an opinion on whether seeking consent regarding transactions on public land should be limited to doing so from the Lands Cabinet secretary or include other Cabinet secretaries and counties under whose jurisdiction the land in question may fall.

The appointment of the chief registrar of lands and county land registrars is also part of the application.

Wrangling between Lands secretary Charity Ngilu and NLC chairman Muhammad Swazuri has hurt land transfers, leases and signing of title deeds.