Kisii LSK members storm land registrar’s office
Members of the Law Society of Kenya (LSK) from South West Branch clashed with the Kisii Land Registrar Charles Ayienda (centre) during a press briefing outside his office on June 30 after he accused the lawyers of forging records.
Members of the Law Society of Kenya (LSK) from South West branch stormed a press briefing by Kisii Land Registrar Charles Ayienda outside his office after he accused them of forging records.
The lawyers drawn from Kisii, Nyamira, Migori and Homa Bay counties compelled Mr Ayienda to cut short his speech and return to his office escorted by police, as chants of “Ayienda must go” rent the air.
Kisii Central Deputy County Commissioner Wilberforce Kilonzo attempted to moderate a briefing by the lawyers and the registrar before things went haywire.
The lawyers had gathered outside Land Registrar’s office to hand over a petition to him in what they said was “his unlawful ways of running the office”.
They said they will be protesting each Friday, to force him to listen to them and follow the law in service delivery.
Kisii is characterised by numerous land cases, with most crimes being linked to land conflicts.
From time to time, stakeholders have called for caution, saying land is an emotive issue in Kisii and should be handled carefully.
LSK said Mr Ayienda declined to receive their petition on Thursday and that is why they had matched to his office on Friday.
They demanded that he officially receives, stamp, and sign the petition.
LSK South West branch secretary general Polycarp Maroko said they were opposed to a directive issued by the registrar that in the event a party wishes to lodge a caution, he/she is required to appear before the land office with the other party with whom they have a dispute.
“This is impractical as the parties at whose instance the caution is being lodged are more often than not in a strained relationship with the registered owner therefore difficult or impossible to make them attend your office for the caution to be registered,” said Mr Maroko.
Lawyer George Morara said since Mr Ayienda assumed office, it had become impossible to secure a search or green card with the use of a letter from an advocate's office with a current practicing certificate attached, as had been the practice.
“Advocates sometimes receive instructions to represent parties who have no documents proving ownership or interest in a disputed land parcel and seek to lodge a claim in court.
"Pursuant to Article 35 of the Constitution, you are required to issue the documents sought from your office (which are public documents) without unnecessary huddles that curtail the dispensation of expeditious and affordable justice,” said Mr Morara.
Lawyer Morara added that the period within which a search or green card is generated is also an issue that needs urgent addressing.
“We sometimes are faced with instructions of utmost urgency whereby the said documents are required for a citizen's right to be protected. It is important that you make arrangements for the above documents to be generated in time and you may consider letting advocates do a private search,” said Mr Morara.
Lawyer Ben Gichana said accessing the land registrar had become almost impossible, yet their need was based on service delivery.
“Several advocates have lodged complaints claiming that you deny them the audience whenever they visit your office for issues that cannot be handled at the counter. You have been reported to go as far as having the counter personnel direct advocates to do a letter outlining their issues instead of seeing them directly as official visitors at your office,” said Mr Gichana.
He added, “As major stakeholders in the legal field, you are obliged to entertain advocates in your office for official matters since the advocates are the backbone of justice delivery in the society, especially in land matters.”
The registrar while responding to their issues said he will not relent in transforming the land registry.
“This registry must be reformed, and I must reform it,” said Mr Ayienda as the lawyers demanded that the reforms be done within the law.
“Kisii land registry will be different going forward. Anyone who wants to join me in changing this registry with 80 per cent of the records that are a forgery occasioned by the land registrar cited here together with the same lawyers,” said Mr Ayienda before his speech was cut short by the lawyers.
