The Jubilee administration led by President Uhuru Kenyatta has issued millions of title deeds since it came into power in 2013.
However, High Court Judge Joseph Onguto has declared the documents illegal highlighting that the Ministry of Lands did not follow the proper procedure in processing them.
According to the ruling, the then Cabinet Secretary for Lands Charity Ngilu acted contrary to the Land Registration Act, which stipulates consultation with the National Lands Commission (NLC), the public and Parliament.
"A declaration is hereby issued that the registration forms, as well as forms of titles including leases, title deeds, grants and certificate of title or of lease made and promulgated by the Cabinet minister without the advice or input of the NLC and without the necessary public participation and/ or parliamentary approval and scrutiny, are unconstitutional, null and void," the ruling said.
Nonetheless, Judge Onguto noted that since the matter was very sensitive he had suspended the directive to revoke the licences ordering the Ministry to regularise the documents within 12 months.
"However, considering the immediate consequences, of the above declaration on the registration of title process currently ongoing and already undertaken, the declaration of invalidity is hereby suspended to enable the minister initiate meaningful engagement with the public, NLC and seek Parliament's approval," the ruling continues.
Lands CS Jacob Kaimenyi and National Assembly Lands Committee Vice Chairman Moses ole Sakuda assured the public that the proper procedure would be followed as per the court ruling.
"Parliament is resuming end of this month and my appeal is to the ministry to expedite the regulations and forward them to Parliament for approval," Mr Sakuda said.
Prof Kaimenyi added: "There is no problem at all. We are a law-abiding ministry and will implement the order fully."
The case was filed by Nairobi lawyer Anthony Otiende, who moved to court in 2015 seeking to nullify regulations and forms for preparing leases that were enacted by Ms Ngilu. Mr Otiende argued that the minister made no consultations with the relevant bodies.
