MPs summon Lands Cabinet Secretary Charity Ngilu over ‘illegal’ appointments

Lands Cabinet Secretary Charity Ngilu.

By Geoffrey Mosoku and Cyrus Ombati

Nairobi, Kenya: Embattled Lands Cabinet Secretary Charity Ngilu is set to appear before MPs today as investigation into controversial appointments in her docket begin.

Ngilu has cancelled an official tour she was to make to China this week, to respond to summons by the joint Lands and Delegated Legislation committees to explain key appointments she has made in the ministry.

The Cabinet Secretary is facing accusation of violating the Constitution by creating a position of Director General of Lands, which does not exist in law.  The MPs also want to establish if the minister enjoys powers to transfer senior officers without the consent of Public Service Commission (PSC).

Yesterday, chair of Committee on Delegated Legislation William Cheptumo said the Lands secretary is expected to appear before them at 2pm.

“The mandate of the committee is to consider if the gazette notice is consistent with Constitution, acts of Parliament or any other written law,” Cheptumo said.

Last week, she created a new position of Director General of Lands.

In a special issue of Kenya Gazette dated October 10, Ngilu appointed former Coast Province lands officer Peter Kangethe Kahuho as the acting Director General on interim basis.

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

Sign title deeds

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.

Under the law, Mabea who is an appointee of the President, was to continue signing titles until such a time that the National Lands Commission (NLC) law is amended to give the Muhamed Swazuri body powers to sign the title deeds.

The Cabinet Secretary does not enjoy powers to sack or appoint the lands boss as this is the preserve of PSC.

Mr Euphantus Murage, who had been the director of survey, was moved to the Ministry of Mining and his deputy Boaz Owino transferred to the Ministry of Energy and Petroleum.

Murage was replaced by Ceaser Mbaria, who was senior assistant director of survey and Owino position taken over by Julius Rotich, who has been in the land registry.