A major legal battle has erupted over Kitui County’s recruitment exercise after governance activist Francis Musili Kauta moved to court seeking to halt the appointment of county employees, accusing Governor Dr Julius Malombe, the Kitui County Public Service Board (CPSB) and the County Secretary of presiding over what he describes as an opaque and unconstitutional hiring process.
The petition, filed before the Employment and Labour Relations Court in Machakos under Petition No. ELRCPET/E015/2026, challenges the county’s recruitment exercise that began with a public advertisement issued on January 15, 2026, inviting applications for dozens of permanent and pensionable positions across various county departments.
According to court documents seen by Channel 15 News, applications closed in February after the County Public Service Board extended the submission deadline. However, months later, applicants are yet to receive any official communication regarding shortlisted candidates or the status of the recruitment exercise.
Kauta argues that the prolonged silence surrounding the recruitment has raised serious concerns over transparency, alleging that the county government is proceeding with appointments outside the open, competitive and merit-based process required by the Constitution and public service laws.
The governance activist has named the Kitui County Public Service Board as the 1st Respondent, the County Secretary as the 2nd Respondent, and Governor Dr Julius Malombe as the 3rd Respondent.
In the petition, Kauta accuses the respondents of violating constitutional provisions governing public service recruitment by allegedly failing to uphold transparency, accountability, fairness and merit in filling public offices.
He argues that the respondents have breached Articles 10, 27, 47, 73, 232 and 235 of the Constitution, as well as the Fair Administrative Action Act, the County Governments Act and the Public Service (Values and Principles) Act, which require public appointments to be conducted fairly, competitively and transparently.
Kauta is asking the court to issue conservatory orders restraining the respondents from making, confirming, gazetting or implementing any appointments arising from the January recruitment exercise until the petition is heard and determined.
He is also seeking orders compelling the County Public Service Board to publish the shortlist of candidates, disclose the status of every advertised position and account for the progress made in filling each vacancy.
Further, the petitioner wants the court to declare the recruitment exercise unconstitutional should it find that the process violated the law and, if necessary, order a fresh recruitment exercise conducted in strict compliance with the Constitution and applicable statutes.
The matter came before Justice Jemimah Wanza Keli on July 21, 2026, when the court certified the application as urgent for directions.
The judge directed the petitioner to serve the respondents within seven days and ordered the respondents to file their responses before the matter comes up for an inter partes hearing on July 31, 2026.
Notably, the court did not grant interim conservatory orders stopping the recruitment exercise at this stage. Instead, it directed that the matter proceed to an inter partes hearing, where both parties will argue whether the recruitment should be suspended pending the determination of the petition.
The case is expected to attract significant public interest as it concerns one of Kitui County’s largest recruitment exercises this year, with hundreds of applicants still awaiting communication on the outcome of their applications.
Kauta no stranger to courtroom battles
Kauta’s latest petition adds to a growing list of public interest cases he has filed in recent years. The Kitui-based governance activist has consistently turned to the courts to challenge decisions by county and public institutions, arguing that public officers must be held accountable to the Constitution, the rule of law and the principles of transparency.
His previous legal actions have touched on governance, public appointments, procurement, and administrative decisions, making him one of Kitui’s most prominent public interest litigants. His supporters view him as a watchdog for accountability in public service, while his critics argue that his frequent court actions have repeatedly placed county decisions under judicial scrutiny.
The respondents are yet to file their responses to the petition, and the allegations made by Kauta have not been determined by the court.
Channel 15 News will continue following the proceedings and provide comprehensive updates as the case unfolds.
— Channel 15 News | The Full Story First | www.channel15news.co.ke
