Land Commission wins court battle over timelines for historical injustices

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 follows activist Okiya Omtatah’s challenge to the National Land Commission (Amendment) Act, which sought to restrict the Commission’s determinations to one year and limit the implementation of remedies to three years. Justice Chacha Mwita found these provisions unconstitutional, stating that it is not for Parliament to set such periods because doing so undermines the mandate of a constitutional body whose powers are not time‑bound by the Constitution.

The petition argued that the proposed timelines were designed to shut out victims of historical land injustices from seeking compensation, especially given the Commission’s chronic underfunding and large backlog of unresolved claims. Omtatah also contested earlier restrictive measures, including a ten‑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. Moreover, Article 67(e) of the Constitution states that Parliament lacks the power to enact legislation that restricts or curtails the constitutional mandates of the NLC. Accordingly, 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 ruling reinforces the importance of upholding the Constitution and protecting citizens’ rights, particularly for those affected by historical land injustices. The NLC’s mandate to investigate and recommend redress remains a critical component of Kenya’s efforts to address past wrongs and promote land reform. As the Commission proceeds, it is expected to prioritize processing historical land‑injustice claims, ensuring that victims receive the compensation and justice they deserve.