Ngilu raises the stakes in battle with lands team

Lands secretary Charity Ngilu has cleared the legal hurdle to allow ministry bureaucrats to grant leases in the latest round of turf wars with the National Land Commission (NLC).

Mrs Ngilu gazetted the modified lease forms on Friday, allowing the Chief Lands Registrar to assume powers that the Constitution has vested in NLC.

The minister’s move came just one week after she went to Parliament seeking authority to grant leases until the current impasse with the commission is resolved.

“This lease is issued pursuant to the transitional provision in sections 160 and 161 of the Land Act and Section 108 of the Land Registration Act,” reads a section of the altered lease form.

The temporary arrangement is set to allow the Chief Lands Registrar to clear a backlog of 1,700 pending lease applications.

“These were leases and grants that were left behind by the former commissioner of lands, Zablon Mabea. Many more requests have come since February. On a daily basis, we receive an average of 130 requests,” she had told the National Assembly’s Lands committee.

READ: Ngilu seeks to block Lands body from processing titles

Committee chairman Tharaka MP Alex Mwiru had said that the form ought to be part of the regulations to be brought to Parliament. Work on the regulations has been stalled by wrangling between Ms Ngilu and the Mohamed Swazuri-led 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The Land Registration Act 2013 empowers the Registrar of Titles to sign leases, while the repealed Government Land Registration Act recognises the NLC boss as the signatory to the leases and land titles.

Sections of the repealed Act are still in force until the minister and the National Assembly approve rules and regulations to fully operationalise the Land Registration Act, the Land Act and the National Land Commission Act.

The commission’s draft regulations have been submitted to the House Committee on Delegated Legislation for scrutiny, while the ministry committee formed to draft regulations is yet to submit any report.

The wrangles between the two bodies are before the Supreme Court where NLC is seeking interpretation of the law and the Constitution regarding mandates of the NLC and the ministry and an advisory on land administration and management.