President Uhuru Kenyatta has no power to revoke land titles, lobby says

[This is what you calling kicks of a dying horse, The president has no power yet, he has stopped the whole process and revoked the title deeds. Kenyan politicians can tell you the river is flowing north whilst it's pouring down south. The Moi Orphans from their closets- Mashariaz Gitonga]

By Geoffrey Mosoku

Tuesday, August 5th 2014 

NAIROBI, KENYA: President Uhuru Kenyatta has no powers to direct the National Land Commission to revoke any titles since the lands agency is an independent entity that is not subject to direction from office, Kenya Land Alliance national co-coordinator Lumumba Odenda has said.

Kenya Land Alliance national co-coordinator Odenda Lumumba. [PHOTO: FILE/STANDARD]

This comes days after President Kenyatta ordered the revocation of titles for 500,000 acres in Lamu County.

"The President had a bad approach by assuming he can direct the NLC. He should have only consulted them in private but not at a public forum," Lumumba said.

He has equally differed with the President's assertion that the 500,000 acres allegedly grabbed amount to 70 per cent of land in Lamu. According to Lumumba, official records show that Lamu land mass is 6,498 square kilometres which is equivalent to 1,605,680.29 acres.

"It appeared like a political rhetoric in what has happened about Lamu. Seventy per cent of the actual size is about 1.1 million acres and not the 500,000 of the land that is said to have been grabbed," he said.

The activist was speaking at a Nairobi hotel during a bi-monthly public forum organised by the Kenya Alliance of Residents Association (Kara) to discuss the ongoing tussle between the NLC and ministry of Lands.

He said the current confusion is caused by President Uhuru's Executive Order No 2 on the organisation of his Government which placed NLC as a department under the ministry yet the body is a constitutional organ.

Commission on Implementation Constitution (CIC) accused the Swazuri led NLC of contributing to the confusion over clashing mandates between the commission and the ministry.

Commissioner Ibrahim Ali cited last year's gazette notice by NLC to the effect that only the chairman and CEO of the commission will sign tittle deeds, a function he said is entirely under the National Government.

"You cannot have your cake and eat it. The law provides that NLC shall advise National Government on a comprehensive land registration programme but not sign titles. This is the work of the chief lands registrar who is under the Executive. If the President wishes to allocate that function to his office or ministry of lands, that is his executive privilege," he said.

NLC Vice Chairman Abigael Mukholwe said land reforms are on course but regretted the commission has been facing resistance from persons who want the status quo to remain.

"We expected resistance but we didn't know it would be of this magnitude," she said.