Bill gives CS Farida Karoney power on land leases

Lands Cabinet Secretary Farida Karoney during a past event. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Section 23 (2) of the Land Act expressly mandates the NLC to issue leases or licences for public land before they are registered by the Chief Lands Registrar.

  • The law has however been silent on the treatment of the private land leases, prompting the review of the Act.

The State has proposed through a bill for Lands secretary Farida Karoney to issue land leases for private land, setting stage for the turf wars with the Swazuri-led commission that have dogged the ministry since the 2010 Constitution took effect.

The review of the Land Act through the proposed Statute Law (Miscellaneous) Amendment Bill will empower the land secretary to issue private leases, relegating the National Land Commission (NLC) to just registering the approved documents.

The law has been silent on who is responsible for renewing private leases, setting a fight between the land ministry and NLC.

“The Bill proposes to amend the land Act, 2012, to introduce a new provision which provides that a leases or licence for private land be issued by the Cabinet Secretary and registered by the Chief Land Registrar,” says the Bill.

Section 23 (2) of the Land Act expressly mandates the NLC to issue leases or licences for public land before they are registered by the Chief Lands Registrar.

The law has however been silent on the treatment of the private land leases, prompting the review of the Act.

During her time as land secretary Kitui Governor Charity Ngilu frequently clashed with NLC chairperson Mohamed Swazuri over who has the power to issue private leases.