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Post Reply: High Court Halts Recruitment of 8 NLC Commissioners, Safeguards Full Terms for Ex-MPs Tiya Galgalo and Esther Murugi

<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 11, 2025, 10:15 pm</div><div id="pl-8497"  class="panel-layout" ><div id="pg-8497-0"  class="panel-grid panel-no-style" ><div id="pgc-8497-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8497-0-0-0" 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">The High Court has halted the ongoing recruitment process for eight National Land Commission (NLC) positions, declaring it unconstitutional and shielding two sitting commissioners from premature dismissal. The decision ensures that Tiya Galgalo and Esther Murugi, both former Members of Parliament, can complete their full six-year terms until December 2026, averting what could have been an abrupt end to their tenures.</p>
<p dir="auto">The court's intervention comes amid a contentious dispute over term calculations, exposing deep divisions within the executive branch and highlighting the importance of staggered appointments in maintaining institutional continuity. Ms. Galgalo, the former Woman Representative for Isiolo County, and Ms. Murugi, the former MP for Nyeri Town, were appointed in December 2020 to lucrative roles that carry a base monthly salary of Sh792,519. This figure swells beyond Sh1 million when factoring in allowances such as commuter benefits, night-out reimbursements, housing provisions, and sitting fees, making the positions among the most attractive in Kenya's public service.</p>
<p dir="auto">The controversy ignited on August 15, 2025, when President William Ruto published a Gazette Notice announcing vacancies in all eight NLC slots, including those occupied by Ms. Galgalo and Ms. Murugi. The notice triggered the formation of a selection panel under the Public Service Commission (PSC), which promptly advertised the positions and released a shortlist of candidates for interviews. These included openings for the NLC chairperson and seven commissioners, setting the stage for a full overhaul of the commission's leadership.</p>
<p dir="auto">At the core of the legal battle was a stark disagreement on term expiration dates. While six NLC commissioners had been sworn in during November 2019, Ms. Galgalo and Ms. Murugi joined a year later on December 21, 2020. Under Article 250(6) of the Constitution, which stipulates a single, non-renewable six-year term for constitutional commission members, their service should extend until December 20, 2026. The government's move to declare their positions vacant prematurely ignored this staggered timeline, prompting accusations of a deliberate attempt to circumvent constitutional safeguards.</p>
<p dir="auto">Before resorting to litigation, Ms. Galgalo and Ms. Murugi pursued administrative remedies to resolve the impasse. They first approached Head of Public Service Felix Koskei, urging him to rectify the error and recognize that only six vacancies truly existed due to their protected terms. When that effort yielded no results, they escalated the matter directly to President Ruto, culminating in a high-stakes meeting at State House on October 23, 2025.</p>
<p dir="auto">The gathering included President Ruto, Lands Cabinet Secretary Alice Wahome, the two commissioners, and their advocate, Fred Ngatia. In a sworn affidavit, Ms. Galgalo detailed the discussions, recounting how the President acknowledged the merits of staggered terms for stability. "After discussion, the President observed that staggered terms of service were indeed preferable and directed that we serve our remaining one year," she stated. President Ruto reportedly instructed CS Wahome to coordinate with relevant offices to formalize consents in the pending petitions, aiming for an out-of-court resolution.</p>
<p dir="auto">Yet, despite these directives, the Attorney General's office pressed forward with defending the recruitment in court, creating a bizarre scenario of internal executive discord. Government lawyers argued in favor of the Gazette Notice, unaware or uninformed of the President's stance, which Ms. Galgalo described as leading to "the regrettable need for the cases to be heard instead of recording consents."</p>
<p dir="auto">Delivering the judgment, the High Court bench conducted a thorough review of the constitutional and statutory frameworks governing NLC appointments. The court affirmed that the December 2020 appointments locked in Ms. Galgalo and Ms. Murugi's terms until the end of 2026, rendering the PSC's actions a direct violation of their rights. "The Gazette Notice and subsequent advertisements constituted a clear threat to violate the petitioners' constitutional rights," the ruling stated. "They are entitled to serve their full term, commencing December 21, 2020, and ending December 20, 2026, without interference."</p>
<p dir="auto">The orders issued were comprehensive and immediate: The court quashed the August 15 Gazette Notice in its entirety, nullified all related PSC advertisements and shortlists, and barred the PSC, selection panel, or any state entity from advancing the recruitment for the two contested positions. This effectively compels a restart of the process, limited to filling the six legitimate vacancies from the November 2019 cohort, whose terms conclude this month.</p>
<p dir="auto">While the verdict delivers a clear victory for the petitioners, it introduces urgent operational hurdles for the NLC. With six commissioners set to depart in November 2025, the body will be left with only Ms. Galgalo and Ms. Murugi, falling short of the three-member quorum mandated by the NLC Act for conducting official business. This shortfall risks paralyzing key functions, including land adjudication, historical injustice resolutions, and ongoing reform programs that are vital to Kenya's property rights landscape.</p>
<p dir="auto">Advocate Fred Ngatia, representing the commissioners, hailed the outcome as a bulwark for democratic norms. "The judgment protects constitutional principles and underscores constitutional protections for public officeholders," he said, emphasizing its role in preventing arbitrary ousters.</p>
<p dir="auto">As stakeholders digest the implications, questions linger over the government's next steps. Legal experts anticipate little appetite for an appeal, given the ruling's firm constitutional foundation, though corrective actions could include expedited recruitment for the six open slots to avert a prolonged NLC standstill. For Ms. Galgalo and Ms. Murugi, the decision marks a hard-fought affirmation of their mandate, while serving as a cautionary precedent for future administrations against meddling in fixed-term appointments.</p>
<p dir="auto">This case underscores broader tensions in Kenya's public sector governance, where efforts to refresh leadership must navigate rigid constitutional timelines to avoid judicial rebukes. With land issues remaining a flashpoint in national politics, the NLC's swift reconstitution will be closely watched to ensure continuity in addressing disputes that affect millions of citizens.</p>
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