• Operations grind to a halt as the two senior officials bicker over everything
• Cabinet Secretary and Land Commission boss both insist their mandate is derived from the Constitution

Some work at the ministry of Lands has been paralysed for the last three months due to differences between Cabinet Secretary Charity Ngilu and the National Land Commission.

Land transfers, leases and the signing of tittle deeds has ceased as Mrs Ngilu and commission chairman Muhammad Swazuri fight over everything, from routine issues of office space to who has the power over the emotive issue of land administration.

The crisis was ignited by Mrs Ngilu’s move to transfer gazetted officers — former Commissioner of Lands Zablon Mabea, Chief Lands Registrar Wambugu Ngatia and Director of Survey Euphantus Murage — in October last year.

It has spread to county governments where basic land transfer documents such as green cards are missing, stalling transactions.

The differences between the two public officials have reduced the ministry, one of the highest income earners for the Consolidated Fund, to contributing less than Sh1billion of an anticipated Sh16 billion annually.

Attempts by Parliament’s Land Committee to reconcile Mrs Ngilu and Dr Swazuri have been futile as both insist their authority is derived from the Constitution.

“We have been trying to reconcile the two. The public is now desperate and do not know where to turn. We know that this ministry can earn us Sh16 billion, but due to the problems, it has brought in less than Sh1 billion. We also know that their roles overlap,” Lands committee vice-chairman Moses ole Sakuda said.

Two weeks ago, President Uhuru Kenyatta directed his Chief of Staff Joseph Kinyua to convene a meeting to iron out the differences.

The meeting was attended by Attorney-General Githu Muigai, Mrs Ngilu, Dr Swazuri and Solicitor-General Njee Mturi among 19 senior government officials.

“The commission was clear that they draw their powers from the Constitution while the ministry maintained that commission is their baby,” said Mr Sakuda.

The meeting hoped to formulate a framework defining the roles of the Cabinet Secretary and commission. The regulations are expected to be tabled in Parliament.

“The whole network of land transfers is in crisis because of the divided mandate between the Cabinet Secretary and the Land Commission. There is a problem as to who is really in charge. It has everything to do with Mrs Ngilu’s alleged unlawful transfers,” said Kenya Land Alliance National Coordinator Lumumba Odenda.

Mrs Ngilu appointed former Coast Provincial Lands Officer Peter Kangethe Kahuho director-general in the Kenya Gazette of October 10 last year.

She gave him powers to sign title deeds while revoking the appointment of Mr Mabea. Transfers, appointments and sackings in government are done by the Public Service Commission, which employs civil servants.

The law envisaged that during the transition Mr Mabea would continue signing title deeds. The lands commission says the power to sign titles is within its ambit an asserton Mrs Ngilu disputes.

BREACHED LAW

However, Parliament stated in its report that Mrs Ngilu had breached the law. Before Parliament released its report, Mrs Ngilu revoked Mr Kahuho’s powers to sign title deeds.

Meanwhile, she resorted to get the Public Service Commission to transfer officers in departments that prepare mapping and manage public land and in the section that deals with land registration.

These were Chief Land Registrar Wambugu Ngatia, his deputy Elizabeth Gichea, Director of Survey Ephantus Murage, and his deputy Boaz Owino. Mr Murage has been replaced by Mr Ceaser Mbaria while Mr Owino was replaced by Mr Julius Rotich. Mr Rotich was in the Lands registry.

According to top officers in the ministry and stakeholders, technically if Mr Mabea had not been transferred, he could still sign the documents. This would bridge the gap of the last three months.

According to the Director of the Land Development Institute Ibrahim Mwathane, a former chairman of the Institute of Surveyors of Kenya, the two should put the public interest first.

Mrs Ngilu’s and Dr Swazuri’s battle for supremacy has trickled down to counties where the two are asking Parliament to fund employment of two sets of officers who will do the same job.

The battle in the counties was sparked by a letter written by the commission staking claim to signing of titles.

But the ministry through the PSC advertised the position of chief land registrar for which interviews are ongoing. Senior Principal State Counsel Sarah Njuhi Mwenda is the acting land registrar.

Dr Swazuri disputed the advert and said: “the letter we signed does not have an appointment of a person to sign title deeds”.

The commission has proposed to the National Assembly its intention to open county offices and wants to employ 1,300 county land secretaries and members of boards. But the ministry has proposed to employ 1,900 county secretaries and land officials.

The next round of the battle is over office space at Ardhi House in Nairobi where the ministry and the NLC are based.

Mrs Ngilu wants the NLC out of Ardhi House but the NLC is determined to stay put.

Mrs Ngilu and Dr Swazuri had not responded to questions from Sunday Nation by the time of going to press.