The Employment and Labour Relations Court in Machakos has temporarily halted the appointment of Ms. Leah Ngutu as the Chief of Mitaboni Location in Kathiani Constituency. The decision follows a petition filed by a group of local residents challenging her appointment.
In a ruling delivered by Lady Justice Wanza, the court granted conservatory orders suspending the implementation of Ms. Ngutu’s appointment until the case is fully heard and determined. The court also directed Ms. Ngutu to step aside with immediate effect and ordered the acting chief to continue serving in the role in the interim.
According to court documents, the Public Service Commission (PSC) conceded that the appointment was “unlawful and unconstitutional.”
The conservatory order, issued by consent of all parties, stated:
“Pending the hearing and determination of this application and the petition herein, status quo be and is hereby preserved and the officer who has been discharging the duties of Chief, Mitaboni Location, in an acting capacity shall continue to do so until further orders of this Court.”
In a further directive, the court emphasized the importance of maintaining administrative continuity and public trust, stating:
“This Court is mindful of the need to avoid disruptions in service delivery and to ensure that the process of public appointments remains transparent, lawful, and constitutionally compliant. The interim measures granted are intended to safeguard both the integrity of the office and the interests of the local community.”
The petition was initially filed on July 15, 2025, by residents who expressed dissatisfaction with the process and criteria used in Ms. Ngutu’s appointment. They argue that the decision lacked transparency and violated constitutional and administrative procedures.
The case is scheduled for mention on November 7, 2025, for further directions.
