Staff to be vetted before joining National Lands Commission

Officers fronted to the lands commission will have to pass integrity issues before being absorbed.

The National Lands Commission Chief Executive Officer Tom Chavangi Thursday said the fronted Ministry of Lands staff will have to apply to be absorbed.

"Staff working in these sections may apply to be absorbed by NLC after thorough vetting in accordance with Section 31 of the National Land Commission Act 2012," said Mr Chavangi in a letter dated June 13.

The commission will by June 20 take over the land administration function, records office and more other roles as per an agreement between the ministry and the commission.

Mr Chavangi wrote to the ministry's principal secretary informing her of the planned handover amid complaints of confusion on the way forward.

The ministry has ceded several functions to the commission in new arrangements that gives NLC sweeping powers over several land administration mandates.

The Muhammad Swazuri-led commission has been granted powers to issue land leases. A circular issued by Cabinet Secretary Jacob Kaimenyi, however, does not distinguish if NLC will only grant leases on public land or even private land.

The move, according to Prof Kaimenyi, was occasioned by an advisory by the Supreme Court on December 2, 2015.

"The commission shall undertake all preparatory stages in the alienation and allocation of public land, issue letters of allotment, prepare the lease and execute the same. The role of the ministry shall be to register the lease," said Kaimenyi.

He added: "However, the process must be done in consultation with the county and national governments."

On the cancellation of title deeds or lease certificate upon recommendation of NLC, Kaimenyi said the Chief Land Registrar is under legal obligation to implement the recommendations of NLC on cancellation of title thereof.

The CS gave departmental heads at the ministry a week to come up with deadlines and structures on how to manage the transition and implement the decisions immediately.

NLC will also collect rent, royalties and any other payment under lease or license, be in charge of renewal and extension of leases, develop rules of procedure for renewal and extension and conditions of leases.

Insiders at the ministry are skeptical of the decision to grant NLC more powers saying it may cripple the ministry.

They cite a function of allowing NLC to be in charge of subdivision of public land as one of those likely to affect the ministry.

According to senior officers and land experts, NLC should retain power to allocate public land and not subdivision of the same.

"You cannot subdivide public land which has not been alienated. And once it has been alienated and degazzetted, then the parson allocated can subdivide the same as private land," the officer said.

The circular from Kaimenyi emanates from a report by a special committee chaired by Peter Mwangi that was appointed to advise on the Supreme Court advisory on the roles of NLC and the ministry.

Dr Swazuri agreed with Kaimenyi's move saying it will end the long-standing conflict between the two State institutions.