The High court has declined to issue conservatory orders stopping the vice chairperson Abigael Mbaganya from calling for commission meetings,issuing directives ,memos,letters in the name of the National Land Commissionor purporting to exercise the power of the commission.
In a case filed by the chairman of the NLC Prof Swazuri against the vice chairperson Mbagaya through lawyer Duncan Okubasu Swazuri accused His deputy of unlawfully capturing the powers of the chairman of the national land commission.
The National land commission in an affidavit sworn by Brian Ikol and stated that when the chairperson was prosecuted in acc number 33 of 2018,the court barred the chairman from interracting with the witnesses who include the commissioners and members of staff and in the circumstances the chairman cannot hold any meetings since 7 out of the 8 commissioners are prosecution witnesses.
The commission further stated through lawyer Solomon mbuthia that granting the orders would paralyse the commission at a time when it is preparing its exit report.The term of the current commissioners lapses on 19th february 2019.The hearing of the matter will be on 15th April 2019