A directive issued by Cabinet Secretary for Lands three years ago directing a cement manufacturer to vacate its 672 acres of land has been quashed. FILE PHOTO | NMG
A directive issued by Cabinet Secretary for Lands three years ago directing a cement manufacturer to vacate its 672 acres of land has been quashed.
The directive followed the recommendations by a parliamentary committee,
Justice Silas Munyao of the Environment and Land Court in Mombasa also issued an order prohibiting the CS Lands from implementing the report of the National Assembly Departmental Committee on Land regarding the land in Kilifi county owned by Mombasa Cement Ltd.
A directive issued by Cabinet Secretary for Lands three years ago directing a cement manufacturer to vacate its 672 acres of land has been quashed.
The directive followed the recommendations by a parliamentary committee,
Justice Silas Munyao of the Environment and Land Court in Mombasa also issued an order prohibiting the CS Lands from implementing the report of the National Assembly Departmental Committee on Land regarding the land in Kilifi county owned by Mombasa Cement Ltd.
In his decision delivered electronically, the judge also declared that the National Lands Commission is not subject to control or direction by the National Assembly or the CS for Lands.
“The intention of the recommendations by the National Assembly and subsequent action by the Cabinet Secretary was to have the petitioner denied the right to enjoy its property,” said Justice Munyao.
Justice Munyao said Mombasa Cement Ltd was to be deprived of its proprietary rights over the parcel of land which was to be administered by NLC and reserved for settlement of other people within the locality.
“That was a direct affront to the provisions of the Land Registration Act and the right to own property. It also contravened the constitution which bars the state from depriving a person of property unless such acquisition is for a public purpose and with full compensation,” said Justice Munyao.
He further said that the National Assembly could not pronounce that the title of the land was illegal and fraudulently obtained and that its directive to the Ministry of Land was illegal and unconstitutional.
Justice Munyao said the result of the deliberations and recommendations of the National Assembly and the subsequent action by the CS directly and adversely affected the right of Mombasa Cement Ltd to property. The Judge also said that nowhere does the constitution or statute give the National Assembly the power to handle a dispute over land or make a decision on who should get a title to land or who has the right to occupy it.
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