MP, ex-Wakf commissioner clash over management of Muslim property

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A former commissioner with the Wakf Commission of Kenya has accused an of unfairly hitting out at him for calling on lawmakers to do more to protect properties meant to benefit Muslims.

Mvita MP Abdulswamad Nassir of unfairly hitting out at him on a matter he says the MP has little knowledge of.

Zubeir Noor on Saturday told the Star that Mvita MP Abdulswamad Nassir on Tuesday dressed him down in public after he called out Muslim MPs for letting Muslims down over the commission properties which are meant to benefit members of the religious grouping.

“From the way he talked, he seems not to have grasped what the Wakf Commission of Kenya is and how it operates,” Noor said.

On Tuesday, during Mashujaa Day celebrations at the Mama Ngina Waterfront Park in Mombasa, Nassir appeared irked by Noor’s accusations and promised to ‘teach him a lesson in law.”

Nassir said Noor was illegally in the commissioner.

The MP said the Wakf Act was prepared during the colonial times, which gave the then governor powers to appoint commissioners.

“The fact remains that after the new Constitution was enacted, that law should have been repealed,” Nassir said.

The MP explained that the commission cannot have new commissioners unless the CAP 109 is repealed.

“Otherwise, the new commissioners would still be appointed illegally,” Nassir said.

But Noor on Saturday said they prepared a new bill meant to replace the old one so as to conform to the Constitution of Kenya 2010.

“But the bill is lying idle in Parliament. No one is bothered about it. Even the Muslim MPs,” Noor said.

He added, “Muslim MPs, what are you doing in Parliament yet the bill is in Parliament? Let us all be responsible and do what is required of us both according to the Constitution and the needs of the people we represent.”

The commission is where Muslims of goodwill bequeath their property so as to help other Muslims across the country.

The commission has over Sh10 billion worth of property to administer on behalf of the Muslims of goodwill.

However, Noor argues that due to CAP 109, which was enacted during the colonial times, the properties are being leased or rented out at throwaway prices.

“How can a building along Moi Avenue today fetch as little as Sh150 a year? Some people leased out these properties at those prices and are now benefitting from them. These are the people who don’t want the new bill we proposed to be enacted,” Noor said.

However, Nassir said it was wrong for Noor to imply that Muslim MPs have been acting in bad faith.

He said he has personally been keen on the matter and is even coming up with a bill that will ensure the fair administration of the Wakf properties.

The MP said the bill proposed by the commissioners still has loopholes that will protect those who stole Wakf properties.

“The only difference is one. If you stole Wakf property, then you have to be answerable. That bill was not done by purported commissioners,” Nassir said.

The lawmaker said the bill will incorporate the views of the families of those who donated their properties to the commission.

He said the proposed bill that has been gathering dust in the shelves of government offices only had the views of the “unconstitutionally appointed commissioners.”

“So, I think I have taught you law,” Nassir told Noor.        

On Saturday, Noor said they could not have been in the commission illegally because the High Court approved their appointment before it was gazetted.

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