Charity Ngilu plans to seize titles listing from lands agency

Lands Cabinet Secretary Charity Ngilu plans to take away the registration of title deeds from the national land agency, worsening already stormy relations.

She told MPs on Tuesday that her ministry had been unable to process more than 1,700 grants and leases since January because of disputes with the National Land Commission. She said she wants that role performed by the registrar of titles, not the commissioner of lands.

Mrs Ngilu told Parliament’s Lands Committee that the disagreements could have been resolved by harmonising land laws but the ministry and agency had failed to agree.

“The commission, on the basis of old special conditions, seeks to sign grants and leases but the Constitution does not give it this mandate,” she told the committee chaired by Tharaka MP Alex Mwiru.

She said various laws gave the commission roles beyond the constitutional provision. She said its role is to advise the government on land registration.

“The provisions are unconstitutional and only create the confusion we now see,” she said.

She told the MPs she intends to make the changes through a Kenya Gazette notice and asked them to approve her decision. (READ: Lands ministry set for major reshuffle)

She said the government was the ultimate guarantor of documents like birth certificates, identification cards, passports and driving licences and “it follows that the title as a registered document should also be guaranteed by the national government.”

INCREASED REVENUE

Mrs Ngilu, who requested the meeting, said the Lands ministry’s revenue has increased to more than Sh1 billion monthly since changes were made at its Ardhi House offices in Nairobi.

“We have reduced our turnaround time in registration of property from 73 days to 16 days,” she added. (READ: Reforms ‘to speed up land deals’)

Though they promised support, the MPs asked for more time to study her proposal.

Mr Paul Otuoma (Funyula, ODM) encouraged Mrs Ngilu to try and end the bickering. “Even in stormy marriages, children are born. This child we gave birth to, the National Land Commission, is still our baby. Create an amicable environment to work with it,” said Mr Otuoma.

Mrs Ngilu urged the committee to “help make the commission understand that someone needs to provide leadership.”

“There is no supremacy battle. It’s all about what needs to be done, who will do it and who will be the ultimate beneficiary. They keep telling me I have only three more years and will leave them there because they have seven years,” she said.