BY SAM ALFAN.
Former land Cabinet Secretary Charity Ngilu has suffered a major blow after High court declared all titles issued during her tenure as unlawful.
Justice George Odunga declared unlawful the registration forms, tittle deeds, and Certificates of tittle made and promulgated by the then Lands Minister Charity Ngilu.
The court ruled that the said documents were promulgated without the advice of or input of the National Land Commission and without the necessary public participation or parliamentary scrutiny and approval.
However considering the immediate consequences of the above declaration on the registration of tittles processes currently ongoing and already undertaken, the declaration of invalidity was suspended to enable the ministry of Lands to initiate meaningful engagement with the public, seek and take into account the advice of the National Land Commission, if any.
This follows a successful petition filed by Anthony Otiende Otiende who argued that the said forms were never tabled before parliament for the necessary approval pursuant to the law.
He further argued that such forms could only be promulgated upon and after receipt of the National Land Commission advice which the then minister Ngilu never sought or received from the NLC.
