The High Court has dismissed a petition filed by National Land Commission (NLC) commissioner Abdulkadir Khalif, seeking clarification on the agency’s mandate, ruling that the matter had already been conclusively determined.
Justice Chacha Mwita held that the issues raised had been fully addressed by the Supreme Court in its advisory opinion on the roles of the NLC and the Ministry of Lands.
In that landmark opinion, the Supreme Court clarified that while the NLC is tasked with overseeing land management under Article 262 of the Constitution and the Land Act, the functions of land registration, title issuance, and related processes remain under the Ministry of Lands. The court warned that blurring the lines would cause administrative chaos and disrupt the constitutional framework governing land administration.
Justice Mwita emphasized that the application before him was, in essence, an attempt to have the High Court sit on appeal over the Supreme Court’s determination an impermissible move.
The ruling effectively closes the door on further litigation over the interpretation of the two institutions’ mandates, reaffirming the Supreme Court’s guidance on orderly land governance.
