Nairobi’s High Court has ruled that Parliament cannot impose time limits on the National Land Commission’s (NLC) investigation and redress of historical land injustices. The decision comes after activist Okiya Omtatah challenged the National Land Commission (Amendment) Act, which sought to restrict the Commission’s determinations to one year and implementation of remedies to three years. Justice Chacha Mwita found these provisions unconstitutional, stating that it is not for Parliament to limit the period, as this undermines the mandate of a constitutional body when the Constitution itself does not set timelines.
The petition argued that the proposed timelines were intended to shut out victims of historical land injustices from seeking compensation, given the Commission’s chronic underfunding and large backlog of unresolved claims. Omtatah also challenged earlier restrictive measures, including a 10-year limit on claims. Justice Mwita emphasized that the Constitution must be interpreted harmoniously, and that its provisions should not destroy each other.
The court noted that the NLC’s review and redress functions are not tied to any timeframe under the Constitution, and that Section 15 of the Amendment Act, addressing historical land injustices from 1895 to August 2010, does not impose deadlines for processing claims. Furthermore, Article 67(e) of the Constitution states that Parliament does not have powers to enact legislation that restricts or curtails the constitutional mandates of the NLC.
The ruling declared the Amendment Act unconstitutional to the extent that it sought to curtail the NLC’s mandate. This decision is seen as a significant victory for victims of historical land injustices, ensuring that the NLC can continue its work without arbitrary legislative restrictions, despite resource constraints and longstanding backlogs. The court’s decision reinforces the importance of upholding the Constitution and protecting the rights of citizens, particularly those who have been affected by historical land injustices.
The NLC’s mandate to investigate and recommend redress for historical land injustices is a critical component of Kenya’s efforts to address past injustices and promote land reform. The Commission’s work is ongoing, and this ruling provides clarity on its authority to carry out its functions without undue interference from Parliament. As the NLC continues its work, it is expected to prioritize the processing of historical land injustice claims, ensuring that victims receive the compensation and justice they deserve.
