The High Court has declined to stop parliament from vetting President Uhuru Kenyatta’s nominees for the National Lands commission (NLC).
However, Justice James Makau of the constitutional court on Thursday referred the matter to Employment and Relations Court since there are two other pending matters at the same court.
“This court is alive of further petitions in this court and labour court where there is an issue of jurisdiction. In view of the above, this matter will be mentioned on September 12 with a view to have the same stayed either to await the hearing and determination of the two matters or the consolidation of all matter,” ordered Justice Makau.
He further granted all the parties 14 days to exchange documents concerning matter before the next mention date.
This is after a businessman moved to court challenging the process the select panel used to nominate former Nyeri MP Esther Murugi and Isiolo Woman Representative Tiya Galgalo Ali as NLC commissioners.
Moses Kiptuma Sinanga wanted the court to grant conservatory orders restraining the selection panel and the Attorney General including the Presiden from forwarding the names of the appointed chairperson and members to the commission to the National Assembly for vetting.
He claimed that vacancies for the position of the chairperson and members of the commission arose and the selection panel was selected in earnest to ensure they are filled.
Kiptuma argues that Galgalo and Murugi applied to be chairpersons of the commission and were shortlisted as such and were interviewed.