By ADEN KIPRUTO
A petition has been filed at the High Court seeking to block the National Land Commission (NLC) from reappointing its Director of Finance and Corporate Planning, Bernard Kibet Cherutich, over alleged conflict of interest and receipt of an illicit financial benefit.
The petitioner, Abdi Billow Osman, wants Cherutich removed from his current responsibilities and barred from handling NLC funds pending the recruitment of his successor.
Osman argues that Cherutich’s continued stay in office would undermine constitutional requirements on integrity, accountability and prudent management of public resources.
He wants the court to order Cherutich to proceed on terminal leave and bar him from accessing, withdrawing, authorising, approving or transferring money held in NLC accounts at Kenya Commercial Bank, National Bank of Kenya, the Central Bank of Kenya and the International Bank for Reconstruction and Development.
Justice David Mburu has certified the matter as urgent and directed the respondents and interested parties to file their responses by September 22, 2026.
The petition is based on alleged findings from investigations conducted by the Ethics and Anti-Corruption Commission (EACC) concerning compensation paid following the compulsory acquisition of land.
Osman claims the EACC established that Cherutich, while serving as NLC finance director, was a director and owner of Lorgis Logistics Limited, which allegedly received compensation linked to compulsorily acquired land.
According to the petition, an EACC report described the payment made to the company as an “illicit benefit” arising from compensation involving land parcel LR No. MN/VI/3801.
The petitioner further claims that Cherutich later entered into an agreement with the EACC that resulted in the money being restituted to the Government.
Osman has also cited the EACC’s 2019 investigations into the Tornado Carriers transactions, claiming Cherutich was among individuals whose conduct was examined.
He says other individuals connected to the transactions were eventually charged, while Cherutich was not.
Osman argues that Cherutich’s alleged ownership and directorship of a private company that benefited from transactions involving a public institution created a conflict between his private interests and official responsibilities.
He has invoked the Constitution, the Leadership and Integrity Act and the Conflict of Interest Act, 2025, in challenging Cherutich’s continued tenure.
The petition has been filed ahead of an anticipated NLC meeting around September 24, at which Cherutich’s reappointment could be considered.
Justice Mburu directed that the case be mentioned on September 23 to confirm compliance with the court’s directions and issue further orders.
“THAT the application is certified urgent,” the judge ordered.
The allegations are contested, and the respondents have been given an opportunity to respond before the court considers the application further.
