NLC/File
The High Court has quashed the Gazette notice and subsequent advertisements declaring vacancies in the National Land Commission (NLC) in 2025, affirming the constitutional rights of existing commissioners.
Justice Chacha Mwita, in his judgment on Tuesday, found that while no actual violation had yet occurred, the actions taken by the government posed a real threat to the Constitution and the law, necessitating judicial intervention.
The case arose from petitions filed by NLC commissioners Tiyah Galgalo and Esther Murugi Mathenge.
Both petitioners challenged Gazette Notice No. 1121 dated August 11, 2025, which was published in the Kenya Gazette on August 15, declaring impending vacancies in the positions of chairperson and commissioners of the NLC.
The notice was followed by advertisements in leading newspapers listing shortlisted candidates for the upcoming recruitment of NLC members.
Justice Mwita observed that the notice and subsequent steps by the selection panel, while appearing procedural, threatened to infringe on the legal tenure of sitting commissioners.
“The court, having found a threat valid to the Constitution and the law, holds that the appropriate relief in this circumstance is declarations, since actual violation has not yet occurred,” Justice Mwita stated.
The court issued several key orders.
Firstly, a declaration affirmed that Commissioner Tiyah Galgalo is entitled to serve her full term, which began on December 21, 2020, and will expire on December 20, 2026.
"An order of certiorari is hereby issued, quashing Gazette notice number 1121 dated August 11, 2025 and published in the Kenya Gazette on August 15, 2025 declaring impending vacancies in the position of chairperson and commissioners of the National Land Commission for being a threat to violate to the constitution, the law and Tiyah Galgalo Ali's rights," Justice Mwita further ordered.
Additionally, the court quashed advertisements published by the selection panel, including the notice of shortlisted candidates, on the grounds that they purported to create vacancies where none legally existed.
Justice Mwita further issued an order of prohibition, barring the respondents, including NLC and PSC, their agents, or anyone acting on their behalf from taking any steps that could lead to recommending persons for appointment as NLC commissioners or otherwise interfering with the tenure of existing commissioners.
The court emphasised that these measures were necessary to safeguard the independence of the commission and the rights of sitting commissioners.
"The petitioner shall have costs of the petition. And finally, the above declarations and the order shall apply with full effect to the petition on Esther Murugi Mathenge," he concluded.
The government had initiated the recruitment process following President William Ruto’s announcement of seven slots, with the selection panel releasing shortlisted candidates and planning interviews in October 2025.
