A Sh7 million payment recovered by the anti-graft agency from a National Land Commission (NLC) finance director seven years ago has resurfaced in a court dispute over his proposed reappointment.
A petitioner, Abdi Billow Osman, has asked the High Court to stop Bernard Kibet Cherutich from being reappointed as the NLC’s Director of Finance and Corporate Planning, citing Ethics and Anti-Corruption Commission (EACC) findings over the payment.
The case stems from the NLC’s Sh109.7 million compensation to Tornado Carriers Ltd in 2017 for a land parcel in Mombasa, which the EACC investigated over alleged irregularities.
The dispute centres on property registered as LR MN/VI/3801, compulsorily acquired for road construction on behalf of the Kenya National Highways Authority (KeNHA). EACC’s 2019 investigation report says the parcel was initially valued at Sh34.5 million before NLC officials placed its value at Sh109.7 million.
According to the petition, the higher award was approved through a payment schedule that split the money between Tornado Carriers and a law firm’s account. EACC reported that Sh55 million went to Tornado Carriers while Sh54.5 million was paid to the law firm, from where money was distributed to several beneficiaries.
The recovery records attached to the petition list Sh7 million recovered from Mr Cherutich. They identify him as a director of Lorgis Logistics Ltd and describe the amount as an illicit benefit from the compensation.
The petitioner argues that the payment and recovery raise questions about Mr Cherutich’s continued service in a public finance position.
He alleges that Mr Cherutich’s tenure as the NLC Director of Finance and Corporate Planning has since expired and that the commission is considering him for a fresh appointment to the same position.
Mr Osman asks the court to declare the intended reappointment unconstitutional and stop Mr Cherutich from continuing in office.
“The second respondent (Cherutich) has failed to meet the threshold for appointment to public office as contemplated under Article 73 of the Constitution and the Leadership and Integrity Act,” claims the petitioner.
The petition also seeks orders restricting Mr Cherutich from accessing or dealing with NLC funds while the case is pending.
The petition invokes the Conflict of Interest Act 2025, arguing that Cherutich’s alleged ownership or interest in Lorgis Logistics created a conflict because the company received a benefit connected to dealings with the NLC.
Justice David Mburu certified Mr Osman’s application urgent on September 16. He ordered service within two days and directed the respondents to respond by September 22.
The case is scheduled for mention on September 23 for further directions after the parties file their responses. The court has not made a finding on the petition’s allegations.
The NLC, Mr Cherutich and EACC are named as respondents, alongside NLC commissioners and other interested parties. The respondents have not filed their responses in court at the time of publishing this article.
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