The leadership of the Makueni County Assembly is facing a fresh legal challenge after Deputy Clerk Faustine Mutuku, popularly known as Garang, moved to the Court of Appeal to contest a ruling by the Employment and Labour Relations Court.
In a Notice of Appeal dated November 6, 2026, Mutuku, listed as the second claimant in the case, expressed his intention to challenge the entire ruling delivered by Justice Hellen Wasilwa on October 26, 2026, at the Nairobi Employment and Labour Relations Court.
The latest development marks another chapter in the legal dispute surrounding the alleged irregular and procedurally flawed abolition of offices within the Makueni County Assembly.
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The proceedings involve the Makueni County Assembly Service Board, the Assembly Clerk, the Speaker and the County Assembly as respondents, placing the institution’s leadership and administrative structures at the centre of the dispute.
Mutuku’s decision to appeal the ruling opens a fresh legal front in a case that has raised questions over the circumstances surrounding the abolition of positions within the county legislature.
The legal battle stems from a dispute over the alleged irregular and procedurally flawed abolition of offices within the Makueni County Assembly, which prompted Deputy Clerk Faustine Mutuku and Meshack Kyenze to move to court to challenge the administrative decisions.
The case, filed against the Makueni County Assembly Service Board, the Assembly Clerk, the Speaker and the County Assembly, also raised questions about the engagement of an external law firm to represent the respondents despite concerns over the use of private advocates by public entities with in-house legal departments. In a ruling delivered on July 17, 2026, Justice Hellen Wasilwa dismissed a preliminary objection challenging the external lawyers’ representation, holding that questions surrounding their authorisation and the justification for their engagement required examination of evidence and could not be resolved through a preliminary objection.
The judge consequently directed the parties to proceed with the main claim, leaving the substantive dispute over the abolition of offices unresolved. Mutuku has now moved to the Court of Appeal to challenge a subsequent ruling delivered on October 26, 2026.
The matter is scheduled for its first mention before the Court of Appeal in Nairobi on April 23, 2027.
The appeal could prolong the legal uncertainty surrounding the disputed administrative decisions, with the appellate court expected to provide further judicial direction on the issues raised in the proceedings.
