CIC questions constitutionality of president Uhuru’s directive to cancel Lamu land titles

President Uhuru Kenyatta conversing with NLC chairman Muhammad Swazuri when he visited Ardhi House recently. In the centre ( in green) is Lands CS Charity Ngilu. Swazuri has said his commission will not rush to cancel title deeds without following the legal process. [PHOTO: FILE/STANDARD]

NAIROBI, KENYA: The Commission of the Implementation of the Constitution (CIC) is interrogating the constitutionality of a presidential directive to revoke title deeds to 500,000 acres of land in Lamu County.

CIC has written to the National Land Commission (NLC) seeking to know if it is involved in the process.

In a letter dated August 4, CIC vice chair Elizabeth Muli sought to confirm reports that the president had directed the revocation of the land titles.

"Kindly confirm whether your commission is involved in the proposed revocation and the due process is being followed in accordance with the constitution and the law," said Muli in the letter.

CIC is the agency mandated to monitor the implementation of the constitution. The letter came amid complaints from various parties the president had no powers to revoke such titles.

NLC has already begun the formal process of revoking title deeds to 500,000 acres of land in Lamu County.

This is after the commission issued a public notice calling on anyone with complaints against the said parcels of land to register the same with them.

The notice issued by the Commission chairman Muhammad Swazuri mark beginning a rigorous process that many see as political to reclaim huge land for the construction of the port.

He said they have so far received complaints on some of the targeted land and others in various counties apart from Lamu.

"Since its inception, the Commission has received numerous complaints regarding legality of various grants and dispositions. Consequently, the Commission will review grants to the land in question" said Swazuri.

Other parcels are in Kilifi, Mombasa, Nakuru, Machakos, Embu, Nairobi, Kisumu and Trans Nzoia Counties. But the majority are in Lamu County.

However Swazuri said they will not rush to revoke titles to the said land without evidence of irregularities in registering it.

He said they will investigate and take remedial action according to what they find out.

"If the commission finds that the titles were issued in unlawful manner, the commission shall direct the registrar to revoke the title. So you cannot just revoke it. Lawful it means no legal process or the legal process was interfered with," said Swazuri.

He said the commission will also take appropriate steps to correct the irregularity found on the land if any. They may make consequential orders including issuing a caveat emptor or a restriction that there will be none to buy or sell the land.

The move came after President Kenyatta met Swazuri, Lands Cabinet Secretary Charity Ngilu and a host of Lamu leaders in State House and directed the revocation of the titles that lie on land earmarked for the Lapset project.

His directive has however elicited reactions from various quarters that feel he was out of order because he did not have such powers.

The Director of Public Prosecutions (DPP) has also warned against parallel investigations by government agencies into the Lamu land allegations of grabbing and allocations.

DPP Keriako Tobiko told the Ethics and Anti- Corruption Commission and CID conduct joint investigations into the matter for proper coordination.

"I advise that for purposes of proper coordination in order to avoid the risk of having conflicting findings and or recommendations being made the two institutions, joint investigations teams be empanelled to conduct ongoing investigations," said Tobiko in a letter.

Tobiko wrote to EACC chairman Mumo Matemu and police boss David Kimaiyo Monday over the matter and revealed he had designated a team of prosecutors in his office to provide technical guidance and assistance to the teams.

He also ordered that the investigations files be forwarded to his office for further perusal and appropriate directives.

The DPP was reacting to revelations both CID and EACC had initiated investigations into the allocations.

At CID, a special team of detectives has been appointed and tasked to investigate the issue.

Matemu said they are also investigating the matter with an aim of knowing if there was any irregularity therein.

He said they will rely on the authority files that will reveal the minutes and the processes that led to allocation of the land to different companies.