Election losers now seek NLC jobs

National Lands Committee Selection Committee member Priscilla Nyokabi after she took oath before the Public Service Commission on 28/05/19. [Boniface Okendo,Standard]

Politicians who lost in the 2017 elections can now apply for senior vacant positions at the National Land Commission (NLC).

This is after the selection panel chaired by Pricilla Nyokabi (pictured) extended the deadline for application by two weeks following a court ruling nullifying the directive barring politicians from the jobs.

Justice James Makau of the High Court declared section 8 (3) (c) of the NLC Act 2012 as unconstitutional, null and void, following a case filed by former elected leaders through their umbrella body, Fopa-Kenya.

“Pursuant to the decision, the selection panel here expunges the subsection as a disqualifying criterion and extends the advertisement period for the chairperson and members to July 15, 2019,” an advert appearing in newspapers yesterday read.

The first deadline was on June 24.

Fopa-Kenya, through former MPs Humphrey Njuguna and Kinoti Gatobu, had argued that the section that prohibited the appointment of a person to the NLC, if that person had at any time within the preceding five years stood for an election as MP, MCA or governor, was discriminatory.

“The upshot is that I find the offending provisions of the two acts discriminative to the petitioners,” Justice Makau ruled, adding: “They degrade their dignity and deprive them of their economic and social right.”

The ruling has now allowed election losers to be appointed to key constitutional commissions such as the National Police Service one.  

The new development means the country may wait a little longer for the appointment of a new NLC chairperson to replace the last one that was led by Muhammad Swazuri, and which vacated office on February 9.

The commission had been in the limelight for corruption allegations, especially those touching on compulsory acquisition and compensation of land.

Other than Ms Nyokabi, the panel had Mairura Omwenga, a university don, Kennedy Kihara, who represents the cabinet office, Steven Oundo, an architect, and Esther Njiru Omulele, an expert on commercial law.