A petition has been filed at the High Court in Nairobi seeking to stop the National Land Commission from reappointing its Director of Finance and Corporate Planning, Bernard Kibet Cherutich, over allegations of conflict of interest linked to past land compensation payments.

The case was filed by Abdi Billow Osman against the National Land Commission, Cherutich and the Ethics and Anti-Corruption Commission. Several NLC commissioners, the Central Bank of Kenya, National Bank of Kenya, Kenya Commercial Bank and the International Bank for Reconstruction and Development are listed as interested parties.

Osman is challenging what he describes in court papers as the intended "unconstitutional, irregular and unlawful" appointment or continuation of Cherutich in the senior NLC position.

The allegations have not been determined by the court, and the petition represents the petitioner's case. The respondents will have an opportunity to answer the claims.

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At the centre of the dispute is a compensation payment involving LR No. MN/VI/3801, land compulsorily acquired by the NLC on behalf of the Kenya National Highways Authority for road construction.

Osman alleges that Cherutich had a private interest in a company that received compensation from the NLC while he was serving as the commission's finance director.

The petition cites an EACC public assets recovery report for the 2018/2019 financial year, which lists a KSh7 million recovery involving the compensation for the property. According to the document exhibited in the court papers, the amount was recovered from "Bernard Kibet Cherutich director in Lorgs Logistics Limited", which was described as having benefited from compensation paid in respect of the land.

The petitioner argues that this created a conflict between Cherutich's private interests and his official responsibilities overseeing the commission's financial systems.

He further claims EACC investigated the matter and that a negotiated settlement was reached under which the money was recovered. The petition argues that despite the recovery, Cherutich remained in office and continued exercising financial oversight at the NLC.

Court papers also refer to a separate EACC investigation concerning alleged irregular compensation by the NLC to Tornado Carriers Limited over the same parcel of land.

An EACC press statement included among the exhibits says the commission investigated alleged irregular compensation relating to LR MN/VI/3801 and, in April 2019, submitted a report to the Director of Public Prosecutions recommending charges against 24 people.

The listed proposed offences included conspiracy to commit an economic crime, abuse of office, financial misconduct, unlawful acquisition of public property, fraudulent acquisition of public property, dealing with suspect property and money laundering. The exhibit shows that a number of NLC officials and businesspeople were subsequently arrested or directed to present themselves for interview.

Osman argues that the circumstances raise questions under constitutional provisions governing integrity, leadership, accountability and management of public resources, including Articles 10, 73 and 232 of the Constitution.

He is asking the High Court to declare Cherutich's continued service or reappointment unconstitutional and invalid and to prohibit the NLC from renewing, extending or otherwise continuing his tenure.

The petition also seeks a declaration that Cherutich is unsuitable to hold the position in light of the circumstances presented to the court. It further asks the court to declare any resolution or recommendation by the NLC to appoint or retain him invalid.

Osman also wants the court to find that EACC's alleged failure to recommend Cherutich's removal following the recovery of KSh7 million was unconstitutional.

Pending determination of the case, he sought orders restraining the NLC from renewing or extending Cherutich's tenure and restricting Cherutich from exercising the functions of Director of Finance and Corporate Planning.

Justice David Mburu subsequently certified the application as urgent.

In directions issued on September 16, 2026, the judge ordered the application to be served physically within two days and directed the respondents and interested parties to file and serve their responses by September 22. The petitioner was given until September 25 to file a rejoinder, if necessary.

The court directed the parties to file written submissions and fixed the matter for mention on September 23, 2026, to confirm compliance and issue further directions.

The court has therefore not made a final determination on the allegations against Cherutich or ruled on the substantive request to block his appointment. The case remains pending.