November 15, 2019
“I find that the nomination and appointment of the 8th and 9th interested parties (Galgalo and Murugi) unconstitutional, null and void, especially when vied against article 232 of the constitution,” Justice Wasilwa said.
High Court judge, Justice Hellen Wasilwa, has squashed the nomination of former Nyeri Town MP Esther Murugi and former Isiolo Woman Representative Tiyah Galgalo as members to the National Land Commission.
In her ruling, Justice Hellen Wasilwa said the appointment of Murugi and Galgalo was irregular and also stated that the selection panel for the nominees was improperly constituted.
“I find that the nomination and appointment of the 8th and 9th interested parties (Galgalo and Murugi) unconstitutional, null and void, especially when vied against article 232 of the constitution,” Justice Wasilwa said.
Justice Wasilwa ruled that President Uhuru Kenyatta erred in nominating the two for vetting, Parliament, for positions they had not applied for at the National Lands Commission (NLC).
Murugi and Galgalo had applied for the position of chairman and had been shortlisted but they ended up being nominated for the post of members.
Activist Okiya Omtatah, who had filed a petition in court opposing the appointments, was however not happy with the ruling since it allowed the President to swear in the other nominees namely lawyer Gerishom Otachi, former minister Kazungu Kambi, former Egerton University Vice-Chancellor James Tuitoek, Reginald Okumu, Hubbie Huseein Al-Haji and Alister Murimi Mutugi, even after Lady justice Wasilwa found that selection panel was not legally constituted.