Lands Cabinet Secretary Charity Ngilu creates ‘illegal’ position at ministry

By Cyrus Ombati and Geoffrey Mosoku

Nairobi, Kenya: A row is simmering at the Ministry of Lands following a decision by Cabinet Secretary Charity Ngilu to create a new position of Director General of Lands.

Interestingly, Ngilu has already single handedly appointed the holder of the office.

The National Land Commission has faulted the move terming it illegal and unconstitutional.

A senior official claimed the move is part of schemes to frustrate the commission’s mandate.

In a special Kenya Gazette Notice dated October 10, Ms Ngilu appointed former Coast Province lands officer Peter Kangethe Kahuho as the acting director general.

Both the Lands Act 2012 and the Land Registration Lands Act 2012 that Ngilu cited in her latest appointment as well as the constitution do not envisage the position of director general of Lands.

She empowered Kahuho to sign land titles with immediate effect and revoked the appointment of Zablon Mabea, former Commissioner of Lands from signing the titles.

Under the law, Mabea who is an appointee of the President was to continue signing titles until such a time when NLC law is amended to give the Muhamed Swazuri-led body powers to sign the titles.

The Cabinet Secretary does not enjoy powers to sack or appoint the lands boss, as this is the preserve of the President and the Public Service Commission. Officials at the ministry alleged her action was occasioned by fallout with Mabea over the signing of title deeds.

“She told him to his face that your time is up and sure by Friday, she made the gazzetment,” a source claimed, citing an incident last week.

But when reached for comment, Ngilu denied she was fighting Mabea, arguing her move was “good” for the country.

“We are not fighting anybody. We are doing what it for the good of the country,” she said.

Following the move, Mabea has taken leave and handed over all the pending files to Kahuho.

Wednesday, the files Mabea handed over were lumped in a corridor, with the new director general declining to accept them claiming they were not handed over in good faith.