An activist has sued the National Assembly speaker Justin Muturi and Attorney General Kihara Kariuki for failing to enact law prescribing minimum and maximum land holdings acreages by private individuals as stipulated in the Constitution.
Amos Muthui Muchiri, in a five-paged petition filed Tuesday at the High Court in Nyeri, says Speaker Muturi, AG Kariuki together with Lands Cabinet Secretary Farida Koroney and Director of Surveys Kenya have contravened the constitution.
Through lawyer Muhoho Gichimu, the petitioner says as per Article 68 (c) (1) of the Kenyan Constitution, parliament has failed to pass law to guide the country on the size of land a private individual can hold.
“It is provided in mandatory terms that National Assembly shall enact legislation to prescribe minimum and maximum land holding acreages in respect of Private Land. Article 261 (1) of the Constitution provides the period of time within which parliament shall enact Legislation for any particular matter which is specified in the fifth schedule,” says the lawyer.
According the fifth schedule, legislation on land, as envisaged under Article 68, was to be done within 18 months from the promulgation of the constitution. Meaning, the National Assembly ought to have enacted the Legislation on or before February 27, 2012.
“Am aware there is a provision for extension of time, and if any extension is done the same should not exceed one year. Therefore, if there was any extension of time the same would have lapsed on February 27, 2013,” explained lawyer Gichimu.
He says that any registration of land done after February 27, 2012 lacks legislative backing on the issue of acreages due to parliament’s failure to pass the law as mandatory required.
According to him, any survey, subdivision and registration of parcels of land done since year 2012, when the timelines lapsed, is unlawful.
“Consents to sub-divide land issued by various Land Control Boards since the time lapsed are unconstitutional and not legally holding, as they lack legislative backing,” the lawyer said.
He wants the court to revoke all land surveys, sub-divisions and consents granted by Land Control Boards and also stop similar exercises.
The lawyer is asking the court to force the National Assembly to enact the legislation.
“It is my contention that drafters of the constitution had valid reasons for requiring the National Assembly to come up with laws with regard to minimum and maximum acreage ownership of private land,” he stated.
However, Justice Jairus Ngaah declined to certify the petition as urgent and only directed the activist to serve the respondents with the copies of the case.
The respondents will have 14 days to file their responses while the case was scheduled to be mentioned on November 1, 2018 for further directions.