National Assembly Speaker Justin Muturi has been taken to court over the enactment of a law that will regulate the size of land that can be privately owned by an individual.
Activist Amos Muthui Muchiri petitioned the High Court in Nyeri accusing the Speaker and others of going against the constitution.
"It is provided in mandatory terms that National Assembly shall enact legislation to prescribe minimum and maximum land holding acreages in respect of Private Land. Article 261 (1) of the Constitution provides the period of time within which Parliament shall enact Legislation for any particular matter which is specified in the fifth schedule," stated the activist's lawyer Muhoho Gichimu.
According to that section of the law, the regulation should have been enacted 18 months after the promulgation of the Constitution.
"Am aware there is a provision for extension of time, and if any extension is done the same should not exceed one year.
"Therefore, if there was any extension of time the same would have lapsed on February 27, 2013," the lawyer stated.
The activist further argued that due to Parliament's failure, any land registered after the due date lacked legislative backing as far as acreage is concerned, therefore, unlawful.
"Consents to sub-divide land issued by various Land Control Boards since the time lapsed are unconstitutional and not legally holding, as they lack legislative backing.
"It's my contention that drafters of the constitution had valid reasons for requiring the National Assembly to come up with laws with regard to minimum and maximum acreage ownership of private land," he stated.
Other respondents in the case are Attorney General Kihara Kariuki, Lands Cabinet Secretary Farida Koroney and the Director of Surveys.
The petitioner further asked the court to force Parliament to enact the law and revoke land surveys, sub-divisions and consents granted by Land Control Boards and also stop similar exercises
Justice Jairus Ngaah scheduled the mention of the case on November 1, 2018, but declined to certify the case as urgent.
