National Land Commission ordered to pay Senator Ojienda’s law firm Sh143 million for decade-old legal services
The payment must be made within six months from October 28, 2025, with a stern warning that failure to comply could lead to the commission’s chief executive officer being held in contempt of court.
The National Land Commission (NLC) has been mandated by the Environment and Land Court to pay Sh143.4 million to Senator Tom Ojienda’s law firm for legal services rendered over a decade ago.
The payment must be made within six months from October 28, 2025, with a stern warning that failure to comply could lead to the commission’s chief executive officer being held in contempt of court.
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The total sum comprises Sh69.2 million in principal legal fees and Sh74.2 million in accumulated interest, reflecting years of delay in settling the original decree.
The court dismissed NLC’s claim that it had no obligation as a public body to pay the advocate, citing provisions under the Government Proceedings Act that allow outstanding fees owed to a lawyer to be treated as public debt.
The legal charges stem from a Supreme Court advisory opinion in 2014, requested by the Attorney General, to clarify the working relationship between the Ministry of Lands and the NLC.
The case involved multiple state entities, including the Ministry of Lands, Housing & Urban Development, the Commission for the Implementation of the Constitution, and the Institution of Surveyors of Kenya. Prof Ojienda’s firm fully represented the commission and secured a favourable judgment.
Initially, the fees were taxed at Sh112.7 million, as determined on March 6, 2017, and certified on March 15, 2017.
The NLC challenged the taxation, leading to a reduction of the fee to Sh69.2 million in March 2019.
Prof Ojienda later applied in December 2023 for execution of the judgment with accrued interest.
The commission responded in February 2024, seeking to suspend the payment pending a Supreme Court appeal.
However, in October 2024, the court ruled in favour of Prof Ojienda’s firm, confirming the total amount of Sh143.4 million.
This case adds to a series of successful claims by Prof Ojienda against public agencies. In December 2024, the NLC was ordered to pay Sh29.5 million for legal representation in an Eldoret land dispute, followed by a Sh9.3 million payment in February 2025.
Narok County also settled Sh66.7 million after a Supreme Court petition involving the former county council, private firms, and the Attorney General.
Other notable recoveries include Sh14.2 million from Narok County, Sh264 million from Nairobi County for five 2014 suits, and Sh153 million in 2024 for an industrial dispute linked to a Sh10.4 billion collective bargaining agreement.
In 2022, an Eldoret court issued a garnishee order allowing Prof Ojienda to recover Sh397 million from the NLC, highlighting the lawyer’s repeated successes in securing payments for legal services rendered to public bodies.
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