High Court dismisses NLC commissioner's case on land roles
The court invoked the doctrine of res judicata, noting that the questions raised by the applicant were substantially the same as those addressed in the Supreme Court's advisory opinion on the functions of the NLC.
The High Court has dismissed a case filed by National Land Commission (NLC) commissioner Abdulkadir Khalif seeking clarification on the roles of the commission and the Ministry of Lands, ruling that the matter had already been conclusively settled by the Supreme Court.
In a judgment delivered by Justice Chacha Mwita, the court invoked the doctrine of res judicata, noting that the questions raised by the applicant were substantially the same as those addressed in the Supreme Court's advisory opinion on the functions of the NLC.
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The Supreme Court, in its earlier opinion, had drawn a clear distinction between the commission's responsibilities and those of the ministry.
It explained that while the NLC has a constitutional mandate over land management under Article 262 of the Constitution and the Land Act, the functions of land registration, title issuance, and fragmentation remain strictly within the Ministry's jurisdiction.
Justice Mwita emphasised that any attempt to reopen the debate on the NLC's mandate would not only contradict the apex court's guidance but also risk disrupting the constitutional framework governing land administration.
"Permitting such an overlap would create administrative anarchy and undermine the orderly land governance envisioned by the Constitution," the judge observed.
The court concluded that Khalif's petition was, in essence, an invitation to review the Supreme Court's decision — a move the High Court described as "impermissible."
With the ruling, the High Court reaffirmed the Supreme Court's earlier clarification on the distinct roles of the NLC and the Ministry of Lands, effectively putting to rest the renewed attempt to challenge the commission's scope of authority.
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