Court battle erupts over NLC Finance Director's appointment

A court battle has emerged over the appointment of the National Lands Commission’s Finance Director. [Courtesy]

A court battle has erupted over the National Lands Commission (NLC) Finance Director Benard Kibet Cherutich’s appointment, with Sh7 million allegedly refunded to the Ethics and Anti-Corruption Commission (EACC) being at the heart of it.

Justice David Mburu certified as urgent the case filed by Abdi Osman, who claimed that Kibet had allegedly refunded the EACC money a company claimed to be his had received from NLC for land compulsorily acquired for government projects.

Osman argued that it would be against the Constitution and the Integrity Act for Kibet to remain in office.

He claimed that Kibet had allegedly already completed his contract and may be considered for another one if the court did not intervene.

“Investigations by the third respondent established that the second respondent (Kibet), while serving as the Director of Finance, was a director and owner of Lorgis Logistics Limited. A company received compensation monies from the NLC in relation to the compulsory acquisition of land for a government project. The EACC deemed these monies to be illicit benefits derived from the compensation process, as quoted below from the report attached,” he argued in his court papers filed by Duwane and Wethow Company Advocates.

He stated that following investigations, Kibet allegedly entered into a settlement with EACC resulting in the restitution of the money in question to the Government of Kenya.

He further claimed that other alleged beneficiary officers were allegedly processed to appear in court. “This settlement was documented as part of the EACC's official Recovered Assets Portfolio Report,” he claimed, adding that the commission ought to have followed up with the removal from office.

Osman sued the NLC, Kibet, the EACC and the NLC commissioners. He insisted that his issue was the enforcement of ethics and integrity in government appointments.

“The first (NLC), the third (EACC) and the interested parties are obligated to adhere to the provisions of Article 10 of the Constitution, the Anti- Corruption and Economic Crimes Act, the Public Service Act and the provisions of the Leadership and Integrity Act 2012 before considering the appointment of a staff member or secretariat,” he argued.

According to him, although Kibet was not charged before a court of law, it did not give him a clean bill of health either.

He asserted that it would be improper for him to continue being in NLC’s finance department.

“The investigations identified and/or listed the second respondent among the persons whose conduct and/or involvement was the subject of the investigations.”

“While this petition seeks to annul the appointment and further prohibit the appointment of the second respondent as the Director of Finance and Corporate Planning, the petitioner has received credible intelligence that the interested parties intend to meet on or about September 24, 2026 to appoint the second respondent despite existing breaches of Articles 10 and 232 of the Constitution as read together with section 12 of the Leadership and Integrity Act, 2012,” he claimed.

Justice Mburu ordered Osman to serve the court papers to all parties he listed in the case. They will, in turn, respond to his claim and appear before him on September 23, 2026.