LSK seeks to join National Land Commission, Charity Ngilu case

The Law Society of Kenya (LSK) chairman Erick Mutua (left) and National Land Commission chairman Mohammed Swazuri during a press conference at Ardhi House, Nairobi on March 20, 2014. PHOTO | JENNIFER MUIRURI | FILE  NATION MEDIA GROUP

In Summary

• LSK seeks to be enjoined on grounds that the NLC has not addressed the issue of consultation and co-operation between it and the Ministry of Land

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By VINCENT AGOYA
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The stalemate between National Land Commission (NLC) chairman Mohammed Swazuri and Cabinet Secretary Charity Ngilu is hurting business and causing unnecessary confusion, the Law Society of Kenya said on Wednesday.

In a notice of motion seeking enjoinment as “an interested party” in a suit involving the NLC and Ms Ngilu at the Supreme Court, LSK lawyer Denis Mosota said 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 LSK members who include advocates of the High Court who deal with matters of conveyance on a daily basis… they are required to witness and draw conveyance documents before they are registered and advice their clients on matters regarding registration of title documents,” the lawyer said.

ISSUES NOT ADDRESSED

He said LSK seeks to be enjoined on grounds that the NLC has not addressed the issue of consultation and co-operation between it and the Ministry of Land, Housing and Urban development as envisaged under section 17 and 18 of the National Land Commission Act.

Mr Mosota added that the commission has not addressed the issue of who ought to issue land titles in light of section 23 of the Land Act.

The NLC sought an advisory opinion from the Supreme Court and the case is to be heard on May 22. (READ: Court to rule on row between Ngilu and Lands team)

In an affidavit, the NLC laid out points of contention in the interpretation of the law and the Constitution regarding the mandates of the NLC and the Lands Ministry and on land administration and management.

“The interested party seeks to be enjoined and act in the public interest since the stalemate between the two state organs has slowed the process of registration and issuance of title documents, leases and grants thereby directly affecting the members of the LSK and Kenyans in general,” Mr Mosota said.

He said the impasse has delayed the review of the national land policy for the benefit of LSK members and the public and the implementation of crucial amendments to the Lands Act.

“The stalemate has further stalled the appointment of the chief lands registrar and county lands registrar under section 12 and 13 of the lands registration act thus hindering the effective implementation of the act,” he said.

The lawyer said LSK’s intervention would help the Supreme Court in reaching a just decision “that will provide a remedy to the citizens of the country who have suffered grave injustice on account of lack of registration and issuance of title documents due to the stalemate between the two state organs”.