The fate of the panel appointed by President William Ruto in August to oversee the selection and recruitment of the next cohort of commissioners and chairperson at the National Lands Commission (NLC) now hangs in the balance, following the latest High Court order.
The developments come after the High Court gave an order blocking the ongoing process to recruit new commissioners for the commission, ruling that the Presidential decision was unconstitutional and threatened the rights of current officeholders.
This comes after the current office holders, led by commissioners Esther Murugi Mathenge and Tiyah Galgalo, filed a case at the High Court challenging the Gazette Notice that was issued by the Head of State.
Additionally, they challenged subsequent advertisements that declared vacancies in the positions of NLC chairperson and commissioners.
Justice Chacha Mwita ruled that Commissioner Galgalo is lawfully entitled to serve her full six-year term, which commenced on December 21, 2020, and will run until December 20, 2026, delivering a setback to the ongoing replacement process.
According to the court, despite not having an actual violation, it was prompted to intervene to prevent a future threat to the law.
“The court, having found a valid threat to the Constitution and the law, issues declarations even though an actual violation has not occurred,” Justice Mwita declared.
Ruto's Notice Quashed
The court consequently quashed Gazette Notice No. 1121 of August 11, 2025, which had announced impending vacancies, as well as advertisements published on local dailies on August 27 and September 24, 2025, that sought to fill the same posts.
At the same time, Justice Mwita barred the respondents and their agents from taking any steps to recruit or recommend new commissioners, or from interfering in any way with the petitioners’ current terms in office.
NLC Composition
Before the court developments, the current NLC board's tenure was to end on Friday this weak.
NLC is composed of a chairperson and six commissioners, all appointed by the President with the approval of the National Assembly, along with a secretary or chief executive officer who handles administrative duties.
Commissioners serve a single, non-renewable term of six years, providing continuity and independence in managing public land, overseeing land policy, and addressing land-related injustices across Kenya.
Another Order Down
On Friday last week, the High Court also dealt another blow to President Ruto after declaring his Executive Orders, which sought to change the public hiring process and introduce new guidelines on the management of board members and staff in state corporations, null and void.
This followed a case filed by the Law Society of Kenya (LSK) in 2024, in which it was argued that the President’s order violated the Constitution by bypassing the Public Service Commission (PSC).
In his order, Ruto directed state corporations to seek approval from the Cabinet Secretary and the State Corporations Advisory Committee for staff recruitment, appointments, transfers and terms of service.
