Court gravel
The High Court in Nairobi has certified as urgent a constitutional petition seeking to block the National Land Commission (NLC) from reappointing or extending the tenure of its director of Finance and Corporate Planning, Bernard Cherutich.
The petition, filed by Abdi Billow Osman, a resident of Wajir county, challenges Cherutich’s fitness to hold office, citing conflict-of-interest allegations and alleged breaches of public trust connected to compulsory land acquisition compensation payments.
In directives issued on September 16, 2026, Justice David Mburu certified the matter urgent and directed that the application and petition be physically served on all respondents and interested parties within two days.
The judge ordered the respondents—including the NLC, Cherutich, and the Ethics and Anti-Corruption Commission (EACC)—to file their responses by September 22.
According to court filings, Osman claims Cherutich served as the director and owner of Lorgis Logistics Limited, a private entity that allegedly received illicit financial benefits from NLC land compensation funds while Cherutich was actively serving as the commission's director of Finance.
Osman contends that despite entering a settlement with the EACC for the restitution of the funds, Cherutich was retained in office with full fiduciary oversight over NLC's financial management systems.
Through his legal representatives, Duwane & Wethow Company Advocates, the petitioner is asking the High Court for a declaration that any decision, resolution, or recommendation to retain or reappoint Cherutich as NLC director of Finance is unconstitutional, null, and void.
He also wants Cherutich declared unfit to hold any public office or handle public funds.
Besides the NLC, Cherutich and the EACC, the lawsuit lists 14 interested parties, including NLC CEO Kabale Tache and NLC commissioners.
The matter is set to be mentioned before Justice David Mburu on September 23 to confirm compliance with service directives and issue further orders.
