The High Court has quashed the ongoing recruitment of eight National Land Commission (NLC) members, ruling that the process violated the constitutional rights of commissioners Tiya Galgalo and Esther Murugi, whose terms expire in December 2026.
The court ruled that Ms Galgalo, former Woman Representative for Isiolo, and Ms Murugi, former MP for Nyeri Town, are legally entitled to serve their full six-year terms, dealing a blow to attempts to prematurely replace them.
The positions offer a monthly salary of Sh792,519, which exceeds Sh1 million when allowances such as commuter and night-out benefits are included.
The court case exposed extraordinary behind-the-scenes maneuvering, including a failed attempt by President William Ruto to resolve the dispute administratively before the court intervened.
At the heart of the dispute was a fundamental disagreement about when the commissioners' terms actually expire.
Ms Galgalo and Ms Murugi were appointed in December 2020 to the prestigious positions that come with benefits including housing and sitting allowances. Their appointments came a year after six other commissioners had been sworn in November 2019.
The controversy began when President Ruto issued a Gazette Notice on August 15, 2025 declaring vacancies in all eight NLC positions - including those held by Ms Galgalo and Ms Murugi - and appointed a selection panel to oversee recruitment.
The Public Service Commission (PSC) subsequently advertised all eight positions and published a shortlist of candidates for interviews covering both the chairperson and seven commissioner posts.
Court documents reveal that Ms Galgalo and Ms Murugi first sought administrative redress through proper channels when they noticed the discrepancy.
They petitioned Head of Public Service Felix Koskei to correct what they saw as an obvious error, arguing that only six vacancies existed since their terms were protected until December 2026. When this approach failed, they escalated the matter directly to President Ruto.
The October 23, 2025 State House meeting proved pivotal. Present were President Ruto, Lands Cabinet Secretary Alice Wahome, the two commissioners, and their lawyer Fred Ngatia.
Ms Galgalo, in a sworn affidavit, stated that during the meeting, President Ruto acknowledged the logic of staggered terms and directed CS Wahome to facilitate an administrative solution.
“After discussion, the President observed that staggered terms of service were indeed preferable and directed that we serve our remaining one year,” narrated Ms Galgalo, adding that CS Wahome was “instructed in our presence to liaise with relevant offices so that consents are recorded in both Petitions”.
However, despite these presidential assurances, the Attorney General's office continued defending the recruitment process in court.
“Surprisingly, counsel for the Attorney General had not been informed, hence the regrettable need for the cases to be heard instead of recording consents”.
This created an unusual situation where the executive branch appeared divided against itself - with the President seemingly supporting the commissioners' position while government lawyers argued against it in court.
In its detailed judgment, the High Court meticulously examined the constitutional and legal framework governing NLC appointments. The bench emphasized Article 250(6) of the Constitution, which mandates a single, non-renewable six-year term for constitutional commissioners.
The judge ruled that Ms Galgalo’s and Ms Murugi's December 2020 appointments legally bound them to serve until December 2026, making the PSC's recruitment notice for their positions unconstitutional.
"The Gazette Notice and subsequent advertisements constituted a clear threat to violate the petitioners' constitutional rights," the court declared. "They are entitled to serve their full term, commencing December 21, 2020, and ending December 20, 2026, without interference."
The court's orders were sweeping: it quashed the Gazette Notice and all related advertisements, and prohibited the PSC or any government entity from proceeding with recruitment for the contested positions.
The judgment effectively forces the selection panel to restart the process, this time accounting only for the six legitimate vacancies arising in November 2025.
However, the ruling creates immediate operational challenges for the NLC. While Ms Galgalo and Ms Murugi retain their positions, the impending exit of six members in November will leave the commission with just two commissioners - below the three-member quorum required by the NLC Act for official business.
"The judgment protects constitutional principles and underscores constitutional protections for public officeholders,” said the petitioners’ advocate Fred Ngatia.
As the dust settles, attention turns to whether the government will appeal the ruling or implement corrective measures. Legal observers suggest an appeal is unlikely given the strong constitutional grounding of the judgment.
Meanwhile, the PSC faces pressure to expedite proper recruitment for the six legitimate vacancies to restore the NLC's functionality.
For Ms Galgalo and Ms Murugi, the ruling represents vindication of their fight to serve their full terms as mandated by law. For future officeholders, it sets an important precedent safeguarding against premature removal from constitutional positions.
