NAIROBI, Kenya – The High Court has nullified a government notice declaring vacancies in the National Land Commission (NLC), ruling that the move posed a threat to the constitutional rights of sitting commissioners.
Justice Chacha Mwita, in a judgment delivered on Tuesday, quashed Gazette Notice No. 1121 dated August 11, 2025, and the subsequent advertisements calling for applications and listing shortlisted candidates to fill NLC positions.
The case was filed by commissioners Tiyah Galgalo and Esther Murugi Mathenge, who argued that the government’s decision to initiate a recruitment process before their terms had lapsed was unconstitutional.
Justice Mwita agreed, finding that although no actual violation had occurred, the government’s actions “posed a real and imminent threat” to the Constitution and the law.
“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,” said Justice Mwita.
The judge declared that Commissioner Tiyah Galgalo is entitled to serve her full six-year term, which runs from December 21, 2020, to December 20, 2026.
He also issued an order of certiorari, nullifying the gazette notice and the advertisements by the selection panel, stating that they “purported to create vacancies where none legally existed.”
Further, an order of prohibition was issued against the respondents — including the NLC, the Public Service Commission (PSC), and any government agencies — from taking steps that would interfere with the tenure of current commissioners or recommend replacements.
Justice Mwita stressed that the orders were necessary to protect the independence of the National Land Commission and prevent unconstitutional interference in its operations.
The court also directed that the declarations apply fully to Commissioner Esther Murugi Mathenge, and awarded costs to the petitioners.
The recruitment process had been initiated after President William Ruto announced seven vacancies at the NLC earlier this year.
The selection panel had already released a list of shortlisted candidates and planned interviews for October 2025.
With the High Court’s decision, the process has now been effectively halted, pending the expiry of the current commissioners’ terms.
