The High Court has stopped the process of recruiting new commissioners for the National Land Commission (NLC), ruling that the move posed a threat to the Constitution and the rights of current officeholders.

In a judgment delivered by Justice Chacha Mwita ,the court declared that Commissioner Tiyah Galgalo Ali, MBS, is legally entitled to serve her full six-year term, which began on December 21, 2020, and will run until December 20, 2026.

The decision arose from petitions filed by Tiyah Galgalo and comisoner Esther Murugi Mathenge, who both challenged a Gazette notice and subsequent advertisements declaring vacancies in the positions of NLC chairperson and commissioners.

Justice Mwita ruled that while no actual violation had occurred, the court found a valid threat to the Constitution and the law, warranting judicial intervention.

“The court, having found a threat valid to the Constitution and the law, issues declarations since an actual violation has not yet occurred. Consequently, the petition succeeds.”

The court issued a declaration affirming that Tiyah Galgalo is entitled to serve her full term as NLC Commissioner until December 2026.

Furthur It also issued an order quashing Gazette Notice No. 1121 dated August 11, 2025, which had declared impending vacancies in the commission’s leadership, as well as the advertisements published by the NLC selection panel in the Daily Nation on August 27, 2025, and in the Standard on September 24, 2025, that sought to replace serving commissioners.

Additionally, the court prohibited the respondents, their agents, or any other persons from taking any steps toward recommending or appointing new commissioners, or in any way interfering with the petitioners’ current terms in office.

Justice Mwita further directed that the same declarations and orders apply in Petition No. E646 of 2025, filed by Esther Murugi Mathenge.