Court dismisses case seeking clarification on NLC mandate

In its ruling, the court noted that the issues raised by the applicant-NLC commissioner Abdulkadir Khalif  had already been extensively addressed by the Supreme Court in its advisory opinion on the functions of the NLC.

The Supreme Court had clarified the distinct roles of the NLC and the Ministry of Lands, particularly in relation to land registration and management.

It underscored that under Article 262 of the Constitution and the Land Act, the term “management” carries a specific meaning which does not extend to the registration of titles or fragmentation of title insurance functions that remain within the Ministry’s domain.

Justice Chacha Mwita observed that allowing such an overlap would create administrative anarchy and undermine the constitutional framework designed to ensure orderly land governance. He reaffirmed that the Supreme Court’s advisory opinion had already provided clear guidance on the respective mandates of the two institutions.

Consequently, the High Court held that the applicants were, in effect, asking it to review a decision of the Supreme Courtan impermissible move.