Surveyors say Ngilu row with NLC hurting the public

Cabinet secretary Charity Ngilu in jovial moods with governors Isaac Ruto [Bomett county],William Kabogo [Kiambu] and chairman lands commission Mr. Mohamed Swazuri in a file.The conflict between the ministry of Lands and the National Land Commission is causing huge economic losses to the public. PHOTO/FILE

What you need to know:

  • The members of  the association are valuers, land surveyors, geomatic engineers, registered estate agents, property managers, building surveyors, land administration managers and facilities managers.
  • Mr Wambua added that members of the institute have also been affected by the confusion with the majority either not sure of whom they should report to or what their mandate clearly is.
  • Kenyans and lawyers have lamented that the stalemate between the two state organs has adversely affected the practice of conveyance in the country leading to confusion and inordinate delays in completing land transactions.

The conflict between the ministry of Lands and the National Land Commission is causing huge economic losses to the public.

The institute of surveyors of Kenya chairman Paul Wambua, however, said they are yet to quantify the loss incurred.

“All transactions at the Lands ministry involve money and, therefore, when we are not getting such services there will be no transactions to generate money for the government and our members,” said Mr Wambua.

He said that the processing of deed plans, signing of leasehold titles originating from new grants, changes of users and lease extensions and renewal among others are at standstill.

Mr Wambua added that members of the institute have also been affected by the confusion with the majority either not sure of whom they should report to or what their mandate clearly is.

The members of  the association are valuers, land surveyors, geomatic engineers, registered estate agents, property managers, building surveyors, land administration managers and facilities managers.

“We laud various efforts being made to resolve the tussle between the two institutions and we believe that they should be able to work together as none of them can function effectively without the other in light of the new Constitution,” said Mr Wambua.

He warned that the conflict could reduce the public confidence in the two institutions and snuff hopes in the absence of speedy implementation of land reforms.

ADVISORY OPINION

Mr Wambua also lamented the failure by the government to develop  regulations to operationalise the National Land Commission Act 2012  and Land Registration Act 2012 despite a taskforce that was to develop the regulations having been gazetted two years ago.

The development of the regulations could have addressed grey areas in the Acts and streamlined the relationship between the ministry and the commission.

“We have noted with concern that the regulations are yet to be finalised and urge those concerned to ensure the completion without any further delay,” said the chairman of ISK.

He said that the institute will be seeking to be enjoined in the proceedings as a friend of the court to offer technical advice.

NLC went to the Supreme Court to seek an advisory opinion regarding the mandates of the NLC and the Lands ministry and on land administration and management

Kenyans and lawyers have lamented that the stalemate between the two state organs has adversely affected the practice of conveyance in the country leading to confusion and inordinate delays in completing land transactions.

The two have also been fighting over who is supposed to issue title deeds as well as allocate public land.

Last year, the public service commission transferred several senior land officers after they differed with the cabinet secretary.

Differences between the two offices have also delayed the enactment of new land rules and regulations, the appointment of a Commissioner of Lands and two land registrars.

Meanwhile the National Land Commission has been allocated sh 652million to carry out its activities in the fiscal year 2014/2015.

The budget summary before National Assembly, the national treasury has also allocated sh21billion to the Ministry of Land Housing and Urban Development.

The ministry of lands and the commission plans to issue three million title deeds and digital lands and company registries to improve efficiency.