Emuria Lotubae
Nairobi.
The High Court in Nairobi has stopped the recruitment of new National Land Commission (NLC) commissioners, declaring the government’s attempt to fill the positions unconstitutional and a threat to the tenure of sitting officeholders.
Justice Chacha Mwita on Tuesday quashed Gazette Notice No. 1121 dated August 11, 2025 – published in the Kenya Gazette on August 15 — which had declared impending vacancies for the positions of NLC chairperson and commissioners.
The court also nullified subsequent recruitment advertisements published on August 27 and September 24, 2025, barring the release of shortlisted candidates or any planned interviews.
The ruling followed a petition filed by sitting commissioners Tiyah Galgalo and Esther Murugi Mathenge, who argued that the process unlawfully sought to end their constitutionally protected six-year, non-renewable terms.
Justice Mwita held that Commissioner Galgalo’s term, which began on December 21, 2020, runs until December 20, 2026, and that any attempt to replace her before that date would violate Article 250 of the Constitution, which guarantees the independence and continuity of constitutional commissions.
“The court, having found a valid threat to the Constitution and the law, issues declarations even though an actual violation has not occurred,” Justice Mwita stated in his judgment.
The judge issued an order of certiorari to quash the Gazette Notice and prohibited the NLC, the Public Service Commission (PSC), and their agents from recommending new appointees or interfering with the petitioners’ tenure. The court also awarded costs to the commissioners, applying the same reliefs to Mathenge’s petition.
The decision came just days before the current NLC board’s tenure was set to expire on Friday, November 14, 2025, amid the government’s broader push to reconstitute key state bodies.
In August, a selection panel appointed by President William Ruto had initiated the process to recruit a new chairperson and six commissioners, advertising the positions and shortlisting candidates for interviews originally planned for October.
The NLC, established under the 2010 Constitution, manages public land, formulates land policies, and addresses historical land injustices. Its commissioners are appointed by the President with approval from the National Assembly.
Legal analysts praised the judgment as a timely safeguard for constitutional governance.
“This preventive intervention underscores the judiciary’s role in protecting term limits and commission independence, preventing potential executive overreach,” said one constitutional law expert.