The High Court has granted the Government 30 more days to regularise over three million title deeds issued by Jubilee Government since 2013.
Justice Chacha Mwita granted the extension orders on Tuesday evening after State lawyers made an application.
The Government through the Attorney General argued that it had done all it could to implement the December 19, 2016 ruling by Joseph Onguto but the process had stalled in Parliament.
Lawyer Anthony Otiende who had moved to court in 2015 opposed the extension saying the Government was lax and should not be given more time.
However, Mwita issued a temporary order of stay until January 31, 2018 when he will make a ruling.
There were fears that the documents may be rendered illegal after Parliament failed to pass regulations and rules to operationalise land laws in line with the directive of Onguto's court order.
He ruled on December 19, 2016, that all title deeds issued without the involvement of the National Land Commission and the existence of regulations were irregularly processed and therefore illegal.
However, in light of the far-reaching consequences that the order revoking the crucial land ownership documents would have, both politically and economically, the High Court judge suspended the directive on invalidity for a year (365 days) to give the ministry time to regularize the papers.
In default of compliance with the order within 12 months, all regulations and forms promulgated shall stand null and void for all intents and purposes on the 366th day, the judge then added.
In June, when President Uhuru Kenyatta issued 7,137 title deeds to Tharaka Nithi residents, the Government reported more than three million land papers had been given by the Jubilee regime in the last four years, nationally.
“We said we had a solution to the land problem and promised to deliver three million titles so that Kenyans get title deeds to effectively use their land to improve their lives,” President Kenyatta then pointed out.
On December 13, NLC Chairman Muhammad Swazuri said his agency had played its part and it was now up to Parliament to do its part. He said the regulations were forwarded to MPs last month.
“The only way is for someone, probably the ministry, to go to court and seek a stay order to allow Parliament time to approve the regulations,” said Swazuri. Lands Cabinet Secretary Jacob Kaimenyi acknowledged there were concerns about the validity of the vital documents in light of Parliament’s calendar, but sought to assure the public the State was taking appropriate action to ensure the title deeds are not declared illegal.
Land expert Ibrahim Mwathane who chaired the task force warned that if immediate action is not taken, the consequences of the ruling would be severe, not only to the land sector but also to the economy.
"The experts have done their part and it's now time for the government and political class to do whatever they can within the law, including probably convening a special session of the House to approve the regulations.
"Otherwise failure to act will have immense, severe and far-reaching implications on the sector and the economy," cautioned Mwathane.
