In a significant development, the Court of Appeal has temporarily reinstated David Nyambaso Nyandoro as Chief Land Registrar, overriding a Labour Court decision that had previously nullified his appointment.
The appellate court, with Justices Patrick Kiage, Abida Ali-Aroni, and Lydia Achode, issued a stay on the enforcement of the Employment and Labour Relations Court judgment, which had declared Nyandoro’s appointment by Lands Principal Secretary Nixon Korir illegal.
The controversy began when Judge Bryan Ongaya of the Labour Court ruled on May 24, 2024, that Nyandoro’s appointment process was flawed and unlawful.
The Labour Court had also reinstated Peter Mburu Ng’ang’a, the original appointee by the Public Service Commission (PSC), who had been serving as the Deputy Chief Land Registrar. Justice Ongaya’s decision included a permanent injunction against the Lands PS and CS, preventing them from subjecting Mburu to unfair labor practices.
Nyandoro and the Attorney General filed an appeal against this ruling, arguing that Ongaya’s judgment was incorrect and that without a stay, Nyandoro would face immediate employment loss, rendering the appeal meaningless. They emphasized the public interest in maintaining Nyandoro’s position during the appeal process.
The Attorney General also highlighted that there was no valid PSC communication regarding Mburu’s appointment and that PS Korir was at risk of contempt charges due to the lack of a formal letter. They argued that Mburu’s recent letter expressing reluctance to take the position added further complications.
Opposition to the stay came from activists Aggrey Wafula, Issa Elanyi Chemao, and Law Society of Kenya CEO Florence Muturi. They argued that Nyandoro’s appointment was unlawful and that maintaining transparency and fairness in high-level appointments was crucial. They maintained that the applicants would not suffer irreparable harm if the stay was not granted and that any potential reversal of the decision could occur upon final appeal resolution.
Mburu provided further context, stating that he had been the top candidate for the Chief Land Registrar position following PSC interviews. However, his appointment was revoked based on an unclear adverse report from the NIS, a move that the Labour Court deemed unconstitutional.
The Court of Appeal’s decision to reinstate Nyandoro temporarily reflects the complexity of the legal dispute and its implications for governance and public administration. The case will continue to unfold as the appellate court considers the merits of the appeal.
