The High Court has blocked the government’s attempt to recruit new members to the National Land Commission (NLC), ruling that the 2025 Gazette notice and subsequent advertisements declaring vacancies were unconstitutional.
The decision reinforces the legal tenure and constitutional rights of the current commissioners.
Justice Chacha Mwita, delivering his judgment on Tuesday, noted that while no direct violation of the law had occurred, the government’s actions posed a genuine threat to the Constitution and required judicial intervention.
The matter arose from petitions filed by commissioners Tiyah Galgalo and Esther Murugi Mathenge, who challenged Gazette Notice No. 1121 dated August 11, 2025, published in the Kenya Gazette on August 15, 2025.
The notice declared impending vacancies for the chairperson and other commissioners and was followed by newspaper advertisements listing candidates shortlisted for recruitment.
Justice Mwita observed that, although the steps by the selection panel appeared procedural, they had the potential to infringe on the legal terms of office of the sitting commissioners.
“The court, having found a threat valid to the Constitution and the law, holds that the appropriate relief in this circumstance is declarations, since actual violation has not yet occurred,” he stated.
In his ruling, the court affirmed that Commissioner Tiyah Galgalo is entitled to complete her full term, which runs from December 21, 2020, to December 20, 2026.
The court also quashed Gazette Notice No. 1121 and all advertisements issued by the selection panel, including the notice of shortlisted candidates, noting that they attempted to create vacancies where none legally existed.
Furthermore, Justice Mwita issued an order of prohibition preventing the NLC, the Public Service Commission, their agents, or anyone acting on their behalf from taking any steps that could lead to recommending or appointing new commissioners or otherwise interfering with the tenure of current members.
“The petitioner shall have costs of the petition. And finally, the above declarations and the order shall apply with full effect to the petition on Esther Murugi Mathenge,” he concluded.
The recruitment process had been launched following President William Ruto’s announcement of seven vacancies, with the selection panel preparing to conduct interviews in October 2025.
The court’s ruling ensures that the current commissioners’ terms remain protected and that the independence of the commission is upheld.
