Hard truths. Bold Insights. Real talk.
The decision, delivered in Nairobi on Friday by Justices W. Karanja, F. Tuiyott and W. Korir, reinforces an earlier ruling by the Environment and Land Court (ELC), which found that the land on which the two schools sit had already been surrendered to the Government and therefore remained public land.
The Commission noted that it is dealing with claims spread across various regions, many dating back years, requiring detailed checks, documentation, and verification before any decisions can be made.
Speaking during the swearing-in ceremony of the commissioners on Monday, she highlighted the Commission’s critical role in the country’s constitutional framework, emphasizing that executing this mandate will require courage, integrity, and steadfast commitment to the rule of law.
Oil was first discovered in the Lokichar Basin in 2012, with Tullow Oil confirming commercially viable reserves. Once the pipeline to Lamu is complete, the fields are expected to produce up to 120,000 barrels per day.
The decision stems from a petition filed by activist and Busia Senator Okiya Omtatah, who challenged amendments that attempted to give the NLC a one-year window to reach determinations and three years to carry out remedies in matters involving past land crimes. The court agreed with him that these timelines had no constitutional basis and would interfere with the Commission’s role.
Justice Chacha Mwita, delivering his judgment on Tuesday, noted that while no direct violation of the law had occurred, the government’s actions posed a genuine threat to the Constitution and required judicial intervention.
The hearings, held at the Mandera County Public Works Hall, follow a formal request for land regularization that was approved during the Commission’s 183rd Plenary Session.
The Gazette notice refers to previous land acquisition notices dating back to 2016, highlighting the phased implementation of the LAPSSET project. The inclusion of the Kamuthe parcel ensures that all land required for the project’s infrastructure in Garissa County is properly secured.
The meeting revealed that some petitions filed as far back as 2021 remain unresolved. Among these are disputes over illegal land alienation in Kiambu, contested ownership in Olderkesi, Narok West, and claims in Mombasa.
The Selection Panel emphasized that the shortlist was the result of a careful review of applications submitted following a public call issued on August 27, 2025.
The controversy stems from a National Land Commission (NLC) notice published on September 8, 2025, which opened a 30-day window for objections to the regularisation of 5,317 plots across ten areas.
In a statement shared on its X page on Friday, August 29, 2025, the commission said applications will be accepted until Tuesday, September 16, 2025.