The National Land Commission (NLC) has moved to court seeking to stop the Lands Cabinet Secretary Charity Ngilu from interfering with its operations and violating the constitution.
The case filed at the High Court is seeking a revocation of Ngilu's move to gazette forms, which enabled acting chief Lands Registrar Jane Ndiba to sign land leases. Ngilu’s action violates the law and undermines the constitution, which empowers the lands commission to manage public land on behalf of the national and county governments.
Meanwhile, another case still pending at the Supreme Court is also seeking an advisory opinion on the commissions mandate as an independent agency in the new constitutional dispensation.
“By publishing the Land Registration (forms) Regulations 2014, Ngilu undermined the constitutional mandate of the NLC to alienate public land,” said lawyer Tom Ojienda representing the commission in the High Court case.
Ngilu's notice contradicts another gazette notice issued by the NLC, mandating its chairman and CEO to sign leases and titles on a transitional basis. Consequently, the lease published by Ngilu brings about confusion and exposes land owners to serious legal challenges.
The case will be heard on Friday, 15th August.
www.doitadigital.com