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Post Reply: National Land Commission Faces Major Payout Order: Senator Ojienda's Law Firm Awarded Sh143 Million for Services Dating Back a Decade

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on November 10, 2025, 9:37 am</div><div id="pl-8476"  class="panel-layout" ><div id="pg-8476-0"  class="panel-grid panel-no-style" ><div id="pgc-8476-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8476-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="auto">In a landmark ruling that underscores the accountability of public institutions for legal obligations, the Environment and Land Court has directed the National Land Commission to settle a staggering Sh143.4 million debt to the law firm of Homa Bay Senator Tom Ojienda. This payment, stemming from legal representation provided more than ten years ago, must be completed within six months from October 28, 2025, or risk contempt proceedings against the commission's chief executive officer.</p>
<p dir="auto">The award breaks down into Sh69.2 million in principal fees and an additional Sh74.2 million in interest accrued over years of unresolved disputes. This decision comes after prolonged legal battles, where the commission repeatedly contested its responsibility, only for the court to affirm that such unpaid advocate fees qualify as public debt under the Government Proceedings Act.</p>
<h4 dir="auto">The Roots of the Dispute: A 2014 Supreme Court Case</h4>
<p dir="auto">The origins of this payout trace back to 2014, when the Attorney General sought an advisory opinion from the Supreme Court to delineate the operational boundaries between the Ministry of Lands, Housing and Urban Development, and the newly established National Land Commission. This high-stakes matter also drew in the Commission for the Implementation of the Constitution and the Institution of Surveyors of Kenya, all grappling with the implementation of land governance reforms under the 2010 Constitution.</p>
<p dir="auto">Senator Ojienda's firm, renowned for its expertise in constitutional and land law, took on full representation for the National Land Commission. The firm's diligent advocacy led to a favorable outcome for the client, solidifying the commission's mandate in land administration. However, what followed was a protracted saga over compensation.</p>
<p dir="auto">In March 2017, a taxation process pegged the fees at Sh112.7 million, a figure certified just nine days later. Undeterred, the National Land Commission mounted a challenge, arguing the amount was excessive. By March 2019, the court revised the taxation downward to Sh69.2 million, a concession that still left the firm out of pocket for years.</p>
<h4 dir="auto">Escalation and Courtroom Victories</h4>
<p dir="auto">The turning point arrived in December 2023, when Ojienda's firm filed an execution application to enforce the judgment, demanding not just the principal but also interest for the extended delay. The commission countered in February 2024 by requesting a suspension of payments, citing a pending appeal to the Supreme Court. These maneuvers prolonged the agony, but justice prevailed in October 2024.</p>
<p dir="auto">Presiding over the Environment and Land Court, the judge dismantled the commission's defenses, ruling unequivocally that public bodies cannot evade advocate fees through procedural delays. The Government Proceedings Act was pivotal here, explicitly classifying such debts as enforceable public liabilities. The court's order not only mandates the full Sh143.4 million but also sets a firm deadline, emphasizing that non-compliance could summon the CEO for contempt, a rare but potent enforcement tool.</p>
<p dir="auto">This ruling arrives amid October 28, 2025, marking a symbolic closure to a decade of legal wrangling. It serves as a stern reminder to state agencies: professional services rendered must be honored promptly, lest interest and court sanctions compound the burden.</p>
<h4 dir="auto">A Pattern of Accountability: Ojienda's Track Record Against Public Entities</h4>
<p dir="auto">This is far from an isolated victory for Senator Ojienda's firm, which has built a formidable reputation for extracting long-overdue payments from government bodies. The pattern reveals a consistent pursuit of justice for legal work that often underpins critical public policy battles.</p>
<p dir="auto">Just last December 2024, the same National Land Commission was compelled to pay Sh29.5 million for representation in an Eldoret land dispute, where the firm defended the commission's interests against competing claims. In February 2025, another order from the commission yielded Sh9.3 million, though specifics on that case remain tied to ongoing land adjudication matters.</p>
<p dir="auto">Venturing beyond the national level, Narok County Government settled Sh66.7 million following a Supreme Court petition that entangled the former county council, private developers, and the Attorney General in a contentious land allocation fight. A separate Narok matter concluded with a Sh14.2 million payout, resolving disputes over historical land titles.</p>
<p dir="auto">Closer to the capital, Nairobi County Government disbursed a whopping Sh264 million in 2024 to cover fees from five interconnected lawsuits originating in 2014, each probing urban land grabs and regulatory lapses. That same year, the firm recovered Sh153 million linked to an industrial relations imbroglio, anchored by a Sh10.4 billion collective bargaining agreement that reshaped labor dynamics in the sector.</p>
<p dir="auto">Even earlier, in 2022, an Eldoret High Court issued a garnishee order enabling the recovery of Sh397 million directly from the National Land Commission's accounts, stemming from a multifaceted land compensation claim.</p>
<p dir="auto">These successes, totaling hundreds of millions over the years, highlight not just the firm's tenacity but also systemic issues in how Kenyan public institutions handle professional debts. Delays erode trust, inflate costs through interest, and burden taxpayers, yet they also expose vulnerabilities that dedicated advocates like Ojienda's team exploit to enforce accountability.</p>
<h4 dir="auto">Broader Implications for Land Governance and Legal Practice</h4>
<p dir="auto">As Kenya continues to navigate the complexities of devolved land management, cases like this illuminate the tensions between commissions like the NLC and line ministries. The 2014 advisory opinion, for which these fees were incurred, was instrumental in clarifying roles, preventing overlaps that could stall reforms. Paying for such foundational work now ensures that future disputes are fewer and fairer.</p>
<p dir="auto">For the legal fraternity, the ruling reinforces the sanctity of advocate-client agreements, particularly with state actors prone to bureaucratic inertia. It may embolden other firms owed fees to pursue execution aggressively, potentially leading to a wave of similar claims.</p>
<p dir="auto">The National Land Commission has yet to issue a formal response, but with the clock ticking toward April 2026, compliance appears inevitable. Senator Ojienda, a vocal critic of land injustices in the Senate, continues to balance his legislative duties with his thriving practice, proving that principled lawyering yields both justice and recompense.</p>
<p dir="auto">This development, unfolding in the heart of Kenya's judicial landscape, reaffirms that no public body is above the law, especially when it comes to settling its bills. As the nation eyes sustainable land policies, such resolutions pave the way for cleaner governance and empowered professionals. Stay tuned for updates as the commission navigates this substantial obligation.</p>
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