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President Uhuru Kenyatta has nominated Mr Gershom Otachi a former member of the International Criminal Court (ICC) defence team as the new National Land Commission Chairperson.

National Assembly Speaker Justin Muturi communicated Mr Otachi’s nomination yesterday alongside four women and four other men that the President have nominated as NLC commissioners.

Communique from the Speaker of National Assembly

They include former Labour Secretary Kazungu Kambi, former Nyeri Town MP Esther Murugi, former Egerton University Vice- Chancellor James Tuitoek and Getrude Nduku Nguku. Other nominated commissioners are property valuer Reginald Okumu, Hubbie Hussein Al-Haji, Alister Murimi Mutugi and former Isiolo woman Representative Tiya Galgalo.

Under the NLC Act, President Kenyatta had to forward his choice to Parliament for vetting within 14 days of receiving the names from the panel.


Hon. Tiyyah Galgalo || PHOTO FILE

Congratulations to Hon. Tiyah for the Nomination as member of National Land Commission. We have no doubt that she fits the bill.

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Some political pundits raised a concern on her nomination as a Member yet she applied and was interviewed for the position of the Chair.

Yes. This is perfectly in order. The Constitution requires that all appointment to public office should reflect as much as possible the diversity that is Kenya – regionally and ethnically.

Article 56 of the Constitution also requires the government to guarantees the rights of minorities and the margialized to access employment by ensuring that they

(a) participate and are represented in governance;
(b) are provided special opportunities in education and economic fields;
(c) are provided special opportunities for access to employment.

Hon Tiyah comes from among the most marginalised minorities and that gives the commission regional representation. 

Having applied for the chair and qualified for the same, the President gave her special consideration.

In considering whether an appointment is procedural, the overriding factors are fairness, merit and diversity. The weight of the 3 factors are cumulative and none is superior.

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Furthermore, in determining the legality of appointment decisions, the courts look at the procedures and will not question the merit of decision. 

Hon. Tiyah’s nomination meets both the merit and diversity factors – hence procedural. Mohamed Tache opines.

As Northerners, we have no choice but applaud President Uhuru Kenyatta for nominating Hon. Tiyah.

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About Whispers from the North

Whispers from the North is an online platform that appreciates the ecological, cultural and socio-economic diversities of Northern Kenya. We also acknowledge that the lives of the communities of northern Kenya has been shaped by a number of intrinsic and extrinsic factors which have led to complex challenge that calls for a multifaceted approach.

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