Lands Cabinet Secretary Charity Ngilu opposes NLC land probe

A new row is simmering between the Ministry of Lands and the National Land Commission (NLC) after the agency began its own investigations into the controversial Sh8 billion Karen land.

In a four-page paid up advert appearing in local dailies, NLC yesterday announced its plan to review grants and dispositions (title deeds) for several plots across the country, including the 399 plots subdivided from the original 134.4 acres of the Karen plot.

However, appearing before MPs, Lands Cabinet Secretary Charity Ngilu dismissed the move by the Muhammad Swazuri-led team, terming it unconstitutional.
“Article 67 gives NLC mandate over public and not private land. The Karen land is private and I will appreciate if they stick to their mandate,” she said.

Ngilu told the National Assembly departmental Committee on Lands that in any case, the tussle over the ownership of the land was pending before the High Court, which is best suited to determine who the right owners are. But speaking to The Standard from Australia, Dr Swazuri said the commission was within the law to launch investigations into ownership documents since under the NLC Act, NLC is mandated, on its own motion or upon a complaint, to review titles to establish their legality.

“One of the functions of NLC in Article 67 (e) of the Constitution is to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices and recommend appropriate redress. This law does not talk about private or public and thus we are perfectly within the law to launch the inquiry,” he said.

  DIVERGENT POSITIONS

But ironically while at Parliament, Ngilu assured MPs she was working harmoniously with NLC following last week’s reconciliation even as she appeared to tell off the lands body over its probe on Karen land.

The property is at the centre of a court tussle pitting businessman Horatius Da Gama Rose and former National Social Security Fund Managing Trustee Jos Konzolo, while a widow of former Nairobi Provincial Commissioner John Mburu has also resurfaced to claim ownership.

Already, the ministry and NLC have taken divergent positions about the prime property, with the commission saying documents made available to them indicate the land belongs to Gama Rose’s Muchanga Limited. However, the ministry said Jos Konzolo’s Telesource.Com is the legitimate proprietor of the land.