Close Menu
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    KahawatunguKahawatungu
    Button
    • NEWS
    • BUSINESS
    • KNOW YOUR CELEBRITY
    • POLITICS
    • TECHNOLOGY
    • SPORTS
    • HOW-TO
    • WORLD NEWS
    KahawatunguKahawatungu
    COURT NEWS

    Appeals Court clears way for recruitment of NLC commissioners

    Pinnah MokeiraBy Pinnah MokeiraFebruary 16, 2026No Comments3 Mins Read
    Facebook Twitter WhatsApp Telegram Email
    Three detained over Sh10 million theft from Safaricom Sacco bank account
    Three detained over Sh10 million theft from Safaricom Sacco bank account
    Share
    Facebook Twitter WhatsApp Telegram Pinterest Email Copy Link

    The Court of Appeal cleared the way for the recruitment of a chairperson and six commissioners of the National Land Commission (NLC), after temporarily suspending High Court orders that had nullified the selection process.

    In a ruling delivered on February 13, 2026, a three-judge bench comprising Justices Pauline Nyamweya, Aggrey Muchelule and Weldon Korir granted conservatory orders allowing recruitment to proceed for positions that are undisputedly vacant.

    The court, however, expressly protected the tenure of two serving commissioners whose terms are still active.

    The legal battle stems from a High Court judgment delivered on November 11, 2025 by Justice Chacha Mwita, who ruled in favour of commissioners Esther Murugi Mathenge and Tiya Galgala Ali.

    The two successfully argued that their six-year terms, which began on December 21, 2020, would expire on December 20, 2026.

    The High Court subsequently quashed a Gazette Notice that had declared impending vacancies, nullified an advertisement issued by the selection panel, and barred any steps toward recruiting eight commissioners.

    However, applicants including three members of the public and the Head of Public Service argued that the blanket orders had paralysed the Commission.

    They argued that the terms of the chairperson and six other commissioners expired on November 21, 2025, leaving the NLC unable to execute its constitutional mandate, including time-sensitive infrastructure projects requiring land acquisition.

    The appellate judges distinguished the case from earlier decisions where orders of certiorari and prohibition could not be stayed, ruling that the current dispute affects the operations of a constitutional commission and broader public interest.

    “The orders accordingly concern the operations of a public body, which distinguishes it from the cited cases, and the impugned orders of certiorari and prohibition in the present application have an impact beyond the private interests of the parties,” the judges said.

    The court further ruled that conservatory orders help facilitate orderly functioning within public agencies while upholding the adjudicatory authority of courts.

    The Court of Appeal subsequently rejected claims that applications filed by members of the public were incompetent, ruling that proper notices of appeal had been filed and any locus challenges should be raised through striking out applications.

    It held that the potential irreversible harm to the public from a non-operational Commission outweighs any prejudice to the two commissioners, whose tenure remains protected.

    The conservatory orders will remain in force pending the hearing and determination of appeals filed in Civil Application Nos. E662, E663, E680 and E682 of 2025.

    “Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes, and priority levels attributable to the relevant causes,” ruled the court.

    During proceedings, Senior Counsel Fred Ngatia, representing the two commissioners, had indicated during court-suggested mediation that he could consider conceding to the appointment of the chairperson alone to restore quorum, a move seen as recognising the urgency of restoring the Commission’s functionality.

    Stay connected via Google News
    Follow us for the latest news updates and guides.
    Add as preferred source on Google

    Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel

    National Lands Commission (NLC)
    Follow on Facebook Follow on X (Twitter)
    Share. Facebook Twitter WhatsApp LinkedIn Telegram Email
    Pinnah Mokeira

    Related Posts

    Court denies bond to man accused of threatening magistrate

    October 9, 2026

    High Court quashes DPP decision to drop corruption case against CS Oparanya

    October 8, 2026

    Court stops auction of Riverside property over claims of defective execution documents 

    October 8, 2026

    Comments are closed.

    Latest Posts

    Elon Musk vs. Mukesh Ambani: The Real Reason Starlink Isn’t in India Yet

    October 9, 2026

    US imposes sanctions on International Criminal Court

    October 9, 2026

    NCA admitted into Interpol Global Academy Network

    October 9, 2026

    US report says Gov’t officials involved in recruitment of Kenyans into Russian-Ukraine war

    October 9, 2026

    Thieves steal 30,000 wine bottles worth €5m in Italy, reports say

    October 9, 2026

    ICE agent shoots man in New York City

    October 9, 2026

    Ethiopia warns Eritrea it will defend itself after troops cross border

    October 9, 2026

    Trump purchased up to $5 million of SpaceX bonds days before major space order

    October 9, 2026
    Facebook X (Twitter) Instagram Pinterest
    © 2026 Kahawatungu.com. Designed by Okii.

    Type above and press Enter to search. Press Esc to cancel.