Professor Tom Ojieda for the National land commission in a courtroom during the court proceedings at Milimani Law court where he failed a case against CS Ngilu over titles revocation on Tuesday 12/08/2014.
BY SAM ALFAN.
National land commission has taken to court cabinet secretary ministry of lands, housing and development Charity Ngilu claiming interference on its role and mandate.
The application presented to court by the commission lawyer Professor Tom Ojieda, says that the minister has abused her power by publishing registration forms in the Kenya gazette without consulting the commission.
The lawyer told Justice Mumbi Ngugi, that the action by the minister violates the law it’s the commission that has the power to manage public on behalf of the national and county government’
The minister she pretty aware that the commission has sought an advisory opinion from the supreme court over its role and mandate relating to land use an property in Kenya and the matter is pending for ruling.
Professor Ojieda told that the commission is vested to administer term and condition of leases created from the allocation of public land, the can not purport to ignore the role of the commission.
He said that the lease published by the minister may expose land owners to legal challenge and foster confusion in the administration of land in the country.
The lawyer told the court unless the minister is retrained she continue to undermine the judicial authority of the Supreme Court and frustrate the function of the commission.
The certified the application urgent and directed the same be served and the matter be heard inter parties on 15 August 2014.