High Court nullifies law limiting NLC’s timeline on historical land cases
The decision reaffirms the NLC's unrestricted mandate to handle historical land disputes - an issue deeply tied to Kenya's colonial legacy and post-independence land practices.
The High Court has struck down a law that sought to cap the period within which the National Land Commission (NLC) can investigate historical land injustice claims, ruling that Parliament has no authority to restrict a constitutional mandate that the Constitution itself leaves open-ended.
In a judgment delivered by Justice Chacha Mwita, the Court held that amendments introduced to the National Land Commission Act, particularly provisions requiring the commission to conclude determinations within one year and for remedies to be implemented within three years, were unconstitutional.
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The case was filed by Busia Senator and rights activist Okiya Omtatah, who argued that Parliament had exceeded its legislative powers by imposing rigid deadlines on a commission established under the Constitution. Justice Mwita agreed, stating that Section 14(9) of the amended Act unlawfully curtailed the NLC's powers.
"The Constitution does not prescribe timelines for the execution of these functions, and it was not open to Parliament to manufacture them," the Court ruled, adding that doing so would effectively undermine the independence and operational space of the commission.
Justice Mwita emphasised that the Constitution must be read as a harmonious whole, observing that the NLC's review and redress functions under Article 67(e) cannot be narrowed by ordinary legislation.
He further noted that Section 15 of the parent Act, which anchors the commission's jurisdiction over historical injustices dating from 1895 to August 2010, does not contain any limitation period for admitting or resolving such claims.
The Court faulted Parliament for attempting to impose a five-year window for filing historical land injustice complaints, saying the move was inconsistent with the spirit and letter of the Constitution.
"Parliament cannot enact laws that donate, dilute, or restrict constitutional powers vested in the commission," the judge stated.
Consequently, the High Court declared the National Land Commission (Amendment) Act unconstitutional to the extent that it sought to introduce time limits on the admission, review, and implementation of remedies for historical land grievances.
The decision reaffirms the NLC's unrestricted mandate to handle historical land disputes - an issue deeply tied to Kenya's colonial legacy and post-independence land practices.
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