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
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”.
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