High Court Halts Another Ruto Executive Decision in Major Setback
The High Court has once again delivered a major blow to President William Ruto’s administration, this time halting the process of appointing new members to the National Lands Commission (NLC).
The decision has thrown into uncertainty the fate of a panel that Ruto had set up in August to oversee the selection and recruitment of the next NLC chairperson and commissioners.
The court issued orders stopping the ongoing recruitment exercise after ruling that the President’s decision to appoint the selection panel and advertise the vacancies was unconstitutional.
The judges said the move threatened the rights of the current commissioners, whose terms are still valid.
The ruling followed a petition filed by the current commissioners, led by Esther Murugi Mathenge and Tiyah Galgalo.
They moved to court to challenge a Gazette Notice issued by the Head of State and subsequent newspaper advertisements declaring vacancies for the posts of NLC chairperson and commissioners.
Justice Chacha Mwita, while delivering the ruling, affirmed that Commissioner Tiyah Galgalo is legally entitled to complete her six-year term, which began on December 21, 2020, and is due to end on December 20, 2026.
The judge said the court was compelled to act even though no actual violation had occurred, as there was a clear threat to constitutional order and the rule of law.
“The court, having established a valid threat to the Constitution and the law, issues declarations even where no actual violation has yet taken place,” Justice Mwita stated in his judgment.
Presidential Notice Quashed
In his ruling, Justice Mwita quashed Gazette Notice No. 1121 dated August 11, 2025, which announced impending vacancies at the NLC.
He also nullified advertisements published in local newspapers on August 27 and September 24, 2025, which had invited applications to fill the same positions.
The judge further issued an order barring all respondents and their agents from proceeding with the recruitment process or from interfering with the current commissioners’ tenure in any way.
This means that the current commissioners will remain in office until their lawful terms expire.
NLC Structure and Roles
Before the court’s decision, the term of the current NLC board was expected to expire this week on Friday. The commission comprises a chairperson and six commissioners, all appointed by the President and approved by the National Assembly.
The body also includes a secretary or chief executive officer responsible for administrative functions.
Each commissioner serves a single, non-renewable six-year term. This system ensures stability and independence within the institution, which plays a key role in managing public land, developing land policies, and resolving historical land injustices across the country.
Another Court Blow for Ruto
This ruling comes just days after the High Court invalidated another of President Ruto’s Executive Orders.
On Friday last week, the court declared null and void his directives that sought to alter the public hiring process and introduce new rules for managing board members and staff in state corporations.
The decision stemmed from a case filed by the Law Society of Kenya (LSK) in 2024. LSK had argued that the President’s Executive Orders breached the Constitution by undermining the independence of the Public Service Commission (PSC).
Under Ruto’s directive, state corporations were required to obtain approval from the relevant Cabinet Secretary and the State Corporations Advisory Committee before making any staff recruitments, appointments, transfers, or changes to terms of service.
The High Court found this directive unconstitutional, saying it encroached on the functions of independent bodies and violated established laws governing public service management.
The two rulings mark significant setbacks for President Ruto’s administration, as the courts continue to check the limits of executive power and uphold constitutional safeguards designed to protect independent institutions in Kenya.
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