National Lands Commission (NLC) Chairman Muhammad Swazuri has sued his deputy Abigael Mbagaya for calling meetings on behalf of the Commission which he terms as his roles.
Swazuri under a certificate of urgency filed an application at the Milimani Constitutional and Human Rights Division on Monday claiming that Mbagaya is calling meetings and issuing directives against the law.
“Pending hearing and determination of this application, this court be pleased to issue conservatory orders restraining Mbagaya from calling NLC meetings and leave that powers to the Chairperson,” said Swazuri in court documents.
Through Okubasu & Munene Advocates, Swazuri is seeking temporary orders restraining Mbagaya from issuing directives and letters in the name of NLC or purporting to exercise the powers of the Chairperson of the NLC.
Swazuri is challenging the lawfulness of the acts of Mbagaya who he claims has purported to capture his powers as the Chairperson of the NLC.
“The term of the office of Mbagaya ends on February 19, 2018 and unless she is restrained from purporting to act on behalf of the chairperson, the working of the commission will be interfered with, let alone in smooth transition to a new chairperson and members,” said Sazuri.
Swazuri said that Mbagaya has been purporting to call for meetings, issuing letters, directives and other communications in spite of him in office and has been purporting to exercise his functions.
“The acts of the respondents have caused great commotion as there are two commands within NLC,”Swazuri.
He added that high court in petition number 388 Okiya Omtata Vs Muhammed swazuri and others has already issued orders suspending gazette notices issued in her names as the acting Chairperson of the NLC.