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Lawyers protest extended closure of lands registries, wants courts reopened

[Image source: Emily Kazungu]
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[Source: The Standard, by Paul Ogemba]

Lawyers have protested a decision by the Ministry of Lands to keep its offices closed for another two weeks.

In a letter to Lands Cabinet Secretary Farida Karoney (picture), the Law Society of Kenya (LSK) argues that the continued closure of lands registries was affecting several land transactions with set timelines.

As a result, those involved in the transactions are being forced to part with huge penalties.

LSK is also accusing the ministry of reneging on an agreement they reached to suspend all timelines for registration of land.

“It is possible to achieve the government purpose of scaling down operations due to the coronavirus pandemic by allowing limited services at the lands registries like enforcing court orders, valuations, stamp duty, transfers, and discharges,” said LSK said in the letter signed by its president Nelson Havi.

Ms Karoney had on March 17 issued a notice for closure of all land registries for 28 days as a measure to contain spread of coronavirus.

However, on Tuesday, after the expiry of the 28 days, the CS extended the closure for a further 14 days.

This was on the advice of the National Emergency Response Committee on Management of Covid-19 to allow the government monitor the pandemic.

LSK claims that the backlog of transactions is affecting several people and wants the Ministry of Lands to immediately issue guidelines for online transactions to speed up the process.

Lawyers are also pushing for the reopening of courts, arguing that the continued closure over coronavirus is affecting their practice and livelihoods.

According to Havi, Chief Justice David Maraga has abdicated his duties for restricting court operations which has allowed the Executive to take over adjudication of disputes.

Former LSK president Allen Gichuhi averred that the situation was so bad that he fears many law firms will be closed by end of April for lack of money to sustain their operations.

[Full article: The Standard, by Paul Ogemba]


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