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Court kicks Esther Murugi out of Lands Commission 1 month after assuming office

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The Employment and Labour Relations Court has quashed the appointment of Esther Murugi and Tiyah Galgalo to the National Land Commission.
The Employment and Labour Relations Court has quashed the appointment of Esther Murugi and Tiyah Galgalo to the National Land Commission. [PHOTO | FILE]
The Employment and Labour Relations Court has quashed the appointment of Esther Murugi and Tiyah Galgalo to the National Land Commission. [PHOTO | FILE]

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The Employment and Labour Relations Court has quashed the appointments of Esther Murugi and Tiyah Galgalo to the National Land Commission (NLC).

Justice Hellen Wasilwa termed the duo’s appointment as “irregular”.

Activist Okiya Omtatah had, in August 2019, moved to court to challenge the process that was followed in selecting the two commissioners and seven others.

Omtatah argued that the selection panel was incompetently constituted by omitting members required to represent stakeholders under Paragraph 1(d) of the First Schedule to the NLC Act, 2012.

Omtatah further argued that the selection panel did not publish the results of the interviews indicating how the candidates performed.

Justice Wasilwa, however, cleared the way for the other seven NLC commissioners to assume office.

This comes a month after President Uhuru Kenyatta formally appointed lawyer Gershom Otachi as the NLC chairperson.

In a Gazette Notice Number 9339, dated October 2, 2019, the Head of State said Otachi’s 6-year term in office and that of eight other new commissioners began on October 2, 2019.

Otachi was joined at the Commission by Esther Murugi, James Tuitoek, Getrude Nguku, Reginald Okumu, Hubbie Hussein, Alister Mutugi, Kazungu Kambi and Tiya Galgalo.

On August 20, President Kenyatta forwarded the names of the nine NLC-nominees to Parliament for vetting and subsequent approval.

On Tuesday, October 1, the National Assembly okayed the 9-member team to take over the running of the NLC despite Galgalo and Kambi facing hurdles at the vetting stage.

The new NLC chairperson, Otachi, was among the battery of lawyers who represented President Kenyatta during his ICC case at The Hague.

More soon.

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