Records fuel Ngilu, Swazuri row

What you need to know:

  • The standoff that has delayed implementation of the much-talked about land reforms is also blamed for the absence of approved regulations to operationalise new land laws.
  • The commission’s Director of Communications Khalid Salim said they would abide by the accord, however, that would depend on if the ministry would play its part.
  • The commission went to the Supreme Court seeking an opinion and interpretation of the Constitution regarding its mandate and that of the Lands ministry in relation to administration and management.

Control of records and access to the land registries are the main issues that sparked a row between the National Land Commission and the Lands minister, a mediation committee report reveals.

The report of a joint technical team established by the commission and the ministry also listed processing of grants and leases, management of public and private land as areas of concern that need to be resolved.

The standoff that has delayed implementation of the much-talked about land reforms is also blamed for the absence of approved regulations to operationalise new land laws.

It has also cause delay in enactment of pending Bills and transfer of various functions and staff from the ministry to the commission.

The report will be presented before the Supreme Court, which had given the two parties 90 days to negotiate and come up with a lasting solution for their turf wars.

The court will also give directions between February 10 and 16 on whether the matter will go for full hearing or lead the two parties into signing an accord.

The report seen by the Nation was developed by a joint technical implementation committee which was formed at the intervention of President Uhuru Kenyatta to unlock the stalemate.

ABIDE BY THE ACCORD

The commission’s Director of Communications Khalid Salim said they would abide by the accord, however, that would depend on if the ministry would play its part.

“As a commission, we are committed to ending this stalemate but we are also prepared to go for the full hearing if the other party does not agree with the recommendations of the joint committee,” he told the Nation.

The Supreme Court session will be the culmination of the 90 days it gave the two government agencies to dialogue.

The judges are in agreement that Dr Muhammad Swazuri-led commission needs to have dialogue with the Cabinet Secretary Charity Ngilu.

In the event that they would not agree to resolve their disputes within the 90 days, the judges ruled that they will readmit the petition by commission and give their advisory opinion on the latter’s mandate as an independent body.

The commission went to the Supreme Court seeking an opinion and interpretation of the Constitution regarding its mandate and that of the Lands ministry in relation to administration and management.

The commission also sought an opinion on whether seeking consent regarding transactions on public land should be limited to Lands CS or include other Cabinet secretaries and counties under whose jurisdiction the it falls.

The appointment of the Chief Registrar of Lands and county land registrars is also part of the application before the Supreme Court.

The highest court in the land was also asked to intervene in a dispute over who should appoint the Registrar of Title Deeds, handle land leases and renewals as well as who manages public and private land.

The commission is contesting its budgetary allocation, arguing that it is being channelled through the ministry, which is claims is an infringement on its independence.