A section of rights activists is planning to move to court seeking to halt the recruitment of 16 County Chief Officers by the Trans Nzoia County Government, terming the process unconstitutional and procedurally flawed.
The activists, led by Juma Kiboi, Director of the Centre for Transparency and Accountability (CETRA), argue that the recent advertisement issued by the County Public Service Board contravenes established legal frameworks governing public appointments.
Speaking in Kitale, Kiboi said the planned legal action targets a recruitment process they believe undermines constitutional provisions on public participation, transparency, and accountability.
“We are planning to move to court to challenge this advertisement because it raises serious constitutional questions. The creation and advertisement of certain portfolios appear to have been done without proper legal backing or public participation,” said Kiboi.
The disputed advertisement seeks to recruit 16 Chief Officers across various departments, including Economic Planning, Governance, Public Works, Lands, Education, Agriculture, and Trade, among others.
However, the activists claim that some of the listed portfolios were irregularly introduced without approval from the County Assembly or alignment with the approved county executive structure.
According to Kiboi, any restructuring or creation of new departments within county governments must strictly follow due process, including legislative approval and public participation as required under the Constitution.
“You cannot wake up and create positions or reorganize departments without involving the County Assembly and the public. That is a violation of the law and sets a dangerous precedent,” he added.
The activists further argue that allowing the recruitment process to proceed under the current framework risks exposing the county to legal challenges and possible financial losses should the process later be nullified by the courts.
They are now seeking conservatory orders to suspend the recruitment process once they formally file the petition, pending the hearing and determination of the case.
Efforts to get a response from the Trans Nzoia County Public Service Board were unsuccessful by the time of going to press.
If the court grants the orders being sought, the recruitment process could be temporarily halted, potentially affecting the county’s plans to fill key administrative positions.
