Court to rule on row between Ngilu and Lands team

The dispute over the management of land affairs pitting Cabinet Secretary Charity Ngilu against National Lands Commission (NLC) chairman Mohammed Swazuri enters a crucial phase this week when the Supreme Court is expected to rule on the matter.

Further, Parliament’s Constitutional Implementation Oversight Committee (CIOC) has summoned Ms Ngilu and Dr Swazuri to appear before it on Tuesday to give reasons for their continued wrangling.

It is feared that the constitutional implementation of land matters is being jeopardised by the supremacy battles between the CS and Dr Swazuri.

The NLC had sought an advisory opinion from the Supreme Court while the Commission for the Implementation of the Constitution (CIC) chaired by Mr Charles Nyachae has sought parliamentary intervention on the matter.

Through a sworn affidavit by Commissioner Abdulkadir Khalif, the NLC laid out points of contention in 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 advisory opinion on whether seeking consent regarding transactions on public land is limited to the Cabinet secretary, ministry of Lands, or includes other Cabinet secretaries and counties under whose jurisdiction the land in question may fall.

In addition, an advisory is needed on whether the agency relationship between the NLC, the national government and county governments allowed for the withdrawal of NLC’s authority at will is another matter being sought.

The NLC wants clarity on when the ministry should remit funds for payments of ministry staff transferred to the NLC.

The other issue in question before the Supreme Court concerns the appointment of the chief registrar of lands and county land registrars.

The Supreme Court is expected to render its opinion on the matter on Tuesday.

Secretary to the Cabinet Francis Kimemia has already written to the Principal Secretary in the ministry of Lands warning that the wrangles could threaten security and economic stability in the country.

Mr Kimemia said that NSAC has recommended that the Head of Public Service Joseph Kinyua intervenes in order to harmonise the working relationships between the two protagonists.

But in another letter dated April 7, Ms Ngilu wrote to Dr Swazuri demanding a comprehensive programme for the registration of land title deeds throughout the country.

The CS is demanding recommendations on how to amend the National Land Policy, a comprehensive inventory of all the allocations of public and community land and an inventory of all public land held by State Corporations and State Agencies.