Court Stops Appointment of David Nyambaso As Chief Land Registrar 

The labor and employment court in Nairobi Wednesday stopped the appointment of David Nyambaso Nyandoro as the chief land registrar. 

This follows the move 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 is 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 stay of substantive appointment or deployment to the office of Chief Registrar of Lands,” the judge ordered.

The position is powerful that is it being fought for by many. Other interested parties are also fighting to have their own in the office.

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 and

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 NLC and the Cabinet Secretary.

He is in charge of approving the format of any instrument which is not in accordance with the prescribed form, require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same and summon any person to appear and give any information or explanation in respect to land, a lease, charge, instrument, certificate, document or plan relating to the land, lease or charge in question, and that person shall appear and give the information or explanation.

He can refuse to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under the Act is not performed and cause oaths to be administered or declarations taken and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by statutory declaration.

He orders that the costs, charges and expenses as prescribed under the Act, incurred by the office or by any person in connection with any investigation or hearing held by the Registrar for the purposes of the Act shall be borne and paid by such persons and in such proportions as he may think fit.

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

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

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