CS Fred Matiang'i orders staff to ignore National Land Commission’s circular

NAIROBI: Acting Lands Cabinet Secretary Fred Matiang'i has ordered ministry staff to ignore a circular by the National Land Commission on processing of land leases.

Leases, Mr Matiang'i said, are among the issues that the commission has raised for interpretation at the Supreme Court.

"The Supreme Court has yet to pronounce itself on this matter. To proceed without regard for the ongoing case violates the spirit of the rule of law," he said.

He was reacting to a circular issued by the Director of Land Administration dated September 21, 2015 touching on the commission's lease form.

Matiang'i urged NLC to withdraw the circular in light of the pending court ruling and to ensure orderly land-management processes.

In his letter dated September 23 and copied to the Attorney General's office, the CS suggests that the commission is not supposed to issue leases.

"At any rate, if leases were to be issued for public land, they could be issued in the name of the respective counties and national government institutions and not the commission as you seem to suggest," says part of the letter.

He told the AG the commission's position on the leases and grants is misleading and without an anchor in the Constitution.

Matiang'i further argued that the commission's role in management of public land on behalf of county and national governments does not extend to holding such land on their behalf.

He argued that, as it stands, NLC grants, executes, reviews and enforces conditionalities on the leases, adding that it violates the principle of checks and balances that resulted in the creation of the commission.

He also asked the AG to withdraw a Gazette notice that had been issued by the commission on the leases.

"It is my considered opinion that the Gazette notice is in bad faith and should be revoked. Kindly take necessary steps to revoke the said Gazette notice," said part of the letter.

Suspended Lands CS Charity Ngilu had gazetted forms that would enable her appointee to sign land leases. This was contrary to the Constitution that vests that function on NLC.

Ms Ngilu gazetted the lease forms on July 28, 2014 in a special notice dated August 1, 2014.

NLC lodged a case at the Supreme Court and it is yet to be concluded.

Land leases affect public land, which is managed by NLC as per Section 62 of the Constitution. The management of land has been an issue between the ministry and the commission despite the law stipulating their mandates.