A Bungoma court has dismissed a petition challenging the ongoing interviews for the appointment of members of the county Public Service Board.
The Employment and Labour Relations Court, in its ruling, said the petitioner, Mr Rodgers Siboe Muyala, was ineligible for the appointment.
Muyala had sought the court’s intervention after he was excluded from the list of those invited for the interviews.
But the presiding judge, Justice Nderitu, said the county was justified in excluding Mr Muyala from the shortlist as he had contested for a political seat in the 2022 General Election.
Mr Muyala had claimed that his exclusion from the shortlist was discriminatory and violated his constitutional rights under Articles 10, 27, 47, and 232 of the Constitution.
He argued that his previous political candidature should not bar him from serving in public office, terming the selection process unfair and unconstitutional.
But the County government, through its Attorney Oringe Waswa opposed the petition, arguing that the case was premature and that the court lacked jurisdiction to hear it under Section 12 of the Employment and Labour Relations Act.
Waswa further invoked the Doctrine of Exhaustion, stating that the petitioner had failed to pursue available administrative remedies before turning to the court.
The County also maintained that the selection panel conducted the recruitment process lawfully and independently, without any external influence or bias.
Justice Nderitu, in his judgment, concurred with the county government’s position, citing Section 58 of the County Governments (Amendment) Act, 2021, which bars any person who has contested a political position from being appointed or serving as a member of a County Public Service Board.
“The petitioner failed to demonstrate that the provision of law barring him had ever been declared unconstitutional,” Justice Nderitu ruled, affirming that the County acted within the confines of the law.
The court’s decision effectively gives Bungoma County the go-ahead to continue with the recruitment process.
The ruling brings closure to a case that had temporarily cast uncertainty over the appointment of new members to the Bungoma County Public Service Board.
