Court quashes vacancies at NLC, upholds commissioners’ six-year terms
In his detailed judgment, Justice Mwita held that although no actual violation had yet occurred, the steps taken by the State posed a credible threat to the Constitution and the law.
The High Court has quashed government plans to declare vacancies in the National Land Commission (NLC), ruling that two serving commissioners, Tiyah Galgalo Ali and Esther Murugi Mathenge, are entitled to complete their full six-year terms.
Justice Chacha Mwita delivered the judgment on Tuesday, declaring that the purported advertisement and gazette notice announcing impending vacancies in the positions of NLC chairperson and commissioners were unconstitutional, illegal, and a threat to the rights of the petitioners.
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In his detailed judgment, Justice Mwita held that although no actual violation had yet occurred, the steps taken by the State posed a credible threat to the Constitution and the law.
He said the appropriate relief in the circumstances was to issue declaratory and quashing orders to safeguard the independence and tenure of the commissioners.
"The court, having found a valid threat to the Constitution and the law, issues the following declarations and orders. A declaration is hereby issued that Tiyah Galgalo Ali, is entitled to serve a full term of six years as a commissioner of the National Land Commission, commencing on December 21, 2020, and expiring on December 20, 2026," ruled Justice Mwita.
The court issued an order of certiorari quashing Gazette Notice No. 1121 dated August 11, 2025, which had declared impending vacancies in the NLC.
Justice Mwita also nullified the subsequent advertisement by the selection panel published in the Daily Nation on August 27, 2025, and the shortlist notice in the Standard newspaper on September 24, 2025.
He ruled that these actions were unlawful as they sought to prematurely terminate the tenure of the commissioners and fill positions that were not vacant.
Further, the judge issued an order of prohibition restraining the respondents, their agents, or any other persons acting on their behalf from taking any steps to recommend new appointments or interfere in any manner with the petitioners' terms in office.
Justice Mwita also awarded the petitioners costs of the case, adding that the declarations and orders equally applied to Petition E646 of 2025, which had been filed by former Nyeri Town MP Esther Murugi Mathenge.
"The above declarations and orders shall apply with full effect," the judge concluded, reaffirming the commissioners' right to complete their constitutionally protected tenure at the National Land Commission.
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