Economy

Court quashes unlawful Land Registrar’s transfer

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Former chief land registrar Sarah Mwenda. PHOTO | JEFF ANGOTE | NMG

Summary

  • Ms Mwenda, who had also been suspended by President Uhuru Kenyatta six years ago over corruption allegations, was transferred from the Ministry of Lands in February 2020.
  • The judge found that the redeployment was irregular and unlawful.

A court has quashed the decision of the Head of Public Service Joseph Kinyua to transfer the Chief Land Registrar Sarah Njuhi Mwenda to the State Law Office and Department of Justice.

Ms Mwenda, who had also been suspended by President Uhuru Kenyatta six years ago over corruption allegations, was transferred from the Ministry of Lands in February 2020 after the withdrawal of a graft case involving the Sh8 billion Karen land scandal.

But Labour Relations judge Linnet Ndolo quashed Mr Kinyua's decision and ordered the reinstatement of Ms Mwenda to her position of Chief Lands Registrar. The judge found that the redeployment was irregular and unlawful.

She noted that the Chief Land Registrar is a statutory position and the holder can only be removed through due process of the law.

"Positions in the public service are not candy to be given and withdrawn at will," said the judge.

Ms Mwenda said she was not allowed to resume her duties and claimed that she was instead frustrated by the Principal Secretary and Cabinet Secretary, who declined to lift her suspension.

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