The embattled National Land Commission chiefs have blamed the Ministry of Lands as the greatest impediment to their work, as they exit office today after a controversial six-year stint. But whom do you think should be blamed?
In their exit report seen exclusively by the Star, the Commission whose tenure was rocked by graft scandals, claims the Ministry of Lands continued to encroach on its mandate despite a Supreme Court ruling in 2015.
“The issues have never been effectively resolved and the Ministry of Lands and Physical Planning (MoLPP) continues to date to play vital roles and functions specifically and statutorily reserved for the Commission,” the Muhammad Swazuri-led team said.
The report fails, however, to mention the turmoil that has destabilised the nine-member Commission, especially the turf wars between Swazuri and his deputy Abigael Mbagaya.
The two have been engaged in a power struggle that has spilt into the corridors of justice.
The powers the NLC claims were usurped by the Ministry include collection of land rent, assessment of tax on land premiums on immovable property, issuance of consents and clearance and processing of development applications.
The NLC also complained that the Ministry of Lands led by Farida Karoney has refused to relinquish authority to lease public land and issue licenses to occupy public land.
In its report, the commission says critical members of staff in departments whose functions were transferred by law to the NLC remain within the ministry. It terms this “a gross duplication of roles and violation of the Supreme Court ruling and the laws in force”.
“This duplication of roles in the NLC and MoLPP poses serious threats to the validity of any resultant titles that emanate from such processes. This issue must be addressed moving forward lest the efforts made by government to reform the land sector stand in jeopardy” the outgoing Commission concludes.
However, National Assembly Lands Committee Chair Rachel Nyamai dismissed blaming the ministry as a convenient scapegoat for its failures.
Nyamai said the NLC failed to resolve even a single historical land injustice case, despite receiving more than 388 complaints.