Court stops appointment of new chief land registrar

Justice Ongaya also allowed the Law Society of Kenya to be enjoined as an Interested Party

In Summary
  • This follows a decision by an activist to move to the court to stop the appointment made by Lands Principal Secretary Nixon Korir.
  • The Chief Land Registrar is responsible for administering, interpreting, implementing and enforcing land registration provisions
Image: The Star

The Labour and Employment Court in Nairobi on Wednesday stopped the appointment of David Nyambaso Nyandoro as the Chief Land Registrar.

This follows a decision by an activist to move to the court to stop the appointment made by Lands Principal Secretary Nixon Korir on November 20.

In his appointment, Korir told staff at the Ministry of Lands to support Nyandoro.

“This is to inform you that Mr Nyandoro has been appointed as the Chief Land Registrar by the Public Service Commission. You are, therefore, directed to inform all staff under your purview about the appointment,” he said in a memo.

But one Aggrey Wafula moved to court to challenge the appointment.

Justice Byram Ongaya also allowed the Law Society of Kenya to be enjoined as an Interested Party to the Petition and all subsequent documents filed in court to reflect as such.

He slated the inter-parties hearing of the application on December 6, 2023.

“That pending the inter partes hearing or further orders there be the stay of substantive appointment or deployment to the office of Chief Registrar of Lands,” the judge ruled.

The Chief Land Registrar is responsible for administering, interpreting, implementing and enforcing land registration provisions in the Constitution of Kenya, Land Registration Act, No. 3 of 2012 and the Land Laws (Amendment) Act, No. 2016, the Land Act No. 6. of 2012, National Land Commission Act. No. 5 of 2012, Community Land Act 2016, Sectional Properties Act. No. 21 of 1987, Registration of Documents Act Cap 164 and other relevant statutes.

His duties and responsibilities include formulating practice instructions and guidelines for implementation of the land registration policies and strategies providing advice on all land registration matters, setting standards for the land and supervision of registries.

The official is also responsible for preparing and submitting an annual report on the state of land registration to the NLC and the Cabinet Secretary.

Further, he oversees land registration functions in the County and Central Registry.

He oversees the issuance of titles emanating from Land Adjudication, Settlement and other resources and oversees the conversion of existing Titles to the Land Registration Act 2012.

He is in charge of the preparation of grants, leases and other title documents pertaining to land allocated by the National Land Commission.

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