A petition has been filed at the High Court seeking to halt the ongoing recruitment of the Chairperson and Members of the National Land Commission (NLC), terming part of the process as unconstitutional and discriminatory.
In court papers filed on Monday, by the law firm of Peter Wanyama, of the firm Manyonge Wanyama & Associates LLP, the petitioner wants the court to suspend the implementation of Section 8(3)(c) of the National Land Commission Act, which disqualifies persons who have, within the last five years, “held or stood for election” as Members of Parliament, County Assemblies or as Governors.
“There is no constitutional basis to bar a person who has unsuccessfully vied to be elected as a Member of Parliament, County Assembly, or Governor from applying to be the Chairperson or Member of NLC,” argues Wanyama in the urgent application.
The lawyer further contends that the said section violates Article 38(3)(c) of the Constitution, which guarantees the right to be a candidate for public office.
“It is patently unreasonable to prohibit a person who has unsuccessfully vied for political office from seeking to join the membership of a statutory body or constitutional commission,” reads the application.
“A person who has unsuccessfully vied for election is not a pariah, an outcast, or a leper that statute should ostracise. They have committed no sin,” Wanyama states
The Selection Panel for the recruitment, constituted by the President and administratively supported by the Public Service Commission, advertised the vacancies on August 29, 2025, with a deadline of September 16, 2025, prompting the petitioners to rush to court to prevent what they argue would be an illegal exclusion of potential qualified candidates.
Wanyama also points to a precedent-setting judgment in Fopa Association Kenya v Attorney General & 3 Others (2019), where the High Court declared Section 8(3)(c) unconstitutional.
He now accuses the Selection Panel and other government organs of disregarding this ruling.
“Despite the said declaration of unconstitutionality, the Respondents seek to implement the clause,” Wanyama says.
“This application is extremely urgent because the Selection Panel has set 16th September 2025 as the deadline for submission of applications.”
The petitioners are now seeking conservatory orders to bar the Selection Panel from using the contested clause in shortlisting or disqualifying candidates, pending the full hearing and determination of the constitutional petition.
In the Certificate of Urgency, Wanyama pleads with the court to place the matter before a judge immediately, citing public interest and the looming deadline.
“Restrictions can only apply if a person has been elected to office. To punish someone for merely running and losing is unjust,” Wanyama emphasized.
The application is expected to be placed before the duty judge this week for directions.
