High Court lifts 5-year limit on NLC historical land claims

The National Land Commission (NLC) can now investigate historical land injustice claims without statutory time limits after the High Court declared a five-year limitation in the NLC Act unconstitutional.

In a ruling delivered on November 28, 2025, Justice Chacha Mwita held that sections 14(1), 14(9), 15(3)(e), 15(10), and 15(11) of the National Land Commission Act (No. 5 of 2012) were inconsistent with the Constitution and therefore null and void.

The court found that the law’s attempt to restrict NLC’s mandate to investigate historical claims within five years of the Act’s commencement conflicted with Articles 67(2)(e) and 68(c)(v) of the Constitution.

Justice Mwita emphasized that the review of grants or dispositions of public land is not a one-off function, and the Constitution does not provide or anticipate time limits on the NLC’s functions.

He further noted that Parliament cannot enact legislation that impedes or ousts the Commission’s constitutional mandate.

The case was filed in 2021 by Busia Senator Okiya Omtatah, who challenged the relevant sections of the Act, arguing that the time limits hindered NLC’s ability to admit, register, and process historical land claims.

Omtatah said the provisions unfairly disadvantaged victims, many of whom are poor and cannot afford litigation in ordinary courts, and alleged that the restrictions could facilitate improper motives and promote corrupt practices.

The Attorney General and Parliament opposed the challenge.

They argued that under Article 68 of the Constitution, the review of grants and dispositions of public land could be regulated by legislation, and that the five-year time frame, extendable with parliamentary approval, was sufficient.

They maintained that limitation periods protect respondents from stale claims and the risk of losing access to crucial evidence or witnesses.

Justice Mwita’s ruling removes the time restriction entirely, affirming the NLC’s constitutional independence and authority to address historical land injustices at any time.

The decision allows the Commission to probe both past and ongoing claims, restoring the full scope of its mandate to investigate the propriety and legality of public land grants and dispositions.

The ruling is expected to have broad implications for victims of historical land injustices, communities, and county governments.

It opens the way for unresolved claims to be formally investigated, providing renewed hope for justice and clarity in matters that have remained unsettled for decades.

By striking down the limitation, the High Court reinforces the principle that constitutional mandates, particularly those addressing historical injustices, cannot be curtailed by procedural statutes.

The decision underscores Kenya’s commitment to uphold the rights of citizens affected by past land allocation disputes and to ensure that institutional mechanisms like the NLC can operate without arbitrary constraints.