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.
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. Mr. Muchiri put forward that any registration of land done after February 27, 2012 lacks legislative backing on the issue of acreages, and any survey, subdivision and registration of parcels of land done since year 2012, when the timelines lapsed, is unlawful.
[Article source: Business Daily, by: Joseph Wangui]
