Mogire v Governor, Murang’a County & 2 others (Petition E141 of 2025) [2026] KEELRC 1409 (KLR) (15 May 2026) (Ruling)

Mogire v Governor, Murang’a County & 2 others (Petition E141 of 2025) [2026] KEELRC 1409 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEELRC 1409 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Petition E141 of 2025 JW Keli, J May 15, 2026 Between George Mogire Petitioner and Governor, Murang’a County 1st Respondent The County Assembly of Murang’a 2nd Respondent The Murang’a County Public Service Board 3rd Respondent Ruling 1.The Petitioner, a Kenyan citizen, filed a petition dated 16th July 2025, asserting a public duty to uphold the rule of law, good governance and the Constitution of Kenya in the recruitment of the Muranga County Public Service Board, seeking for the following orders:-i)A declaration that the 1st Respondent's actions are threat and violation to Articles 2, 10, 27, 73, 47, and 75 of the Constitution of Kenya.ii)A declaration that the 1" Respondent's actions are threat and violation to Legitimate Expectationiii)A finding that the Respondent's actions infringe on Sections 58A (1)(2) of the County Governments Act.iv)An injunction restraining the Respondents from interfering with the nominees list advertised on 20th June 2025.v)An order compelling the 1st Respondent to forward a name to the County Assembly of Murang'a for vetting for the position of Chairperson of Murang'a County Public Service Board from amongst the names shortlisted by the Selection Panel.An Order restraining the Selection Panel from undertaking any re-advertising, undertaking any fresh or new recruitment process to fill vacancies in respect to the Murang'a County Public Service Board membership.vi)An Order restraining the 1 Respondent from cancelling and/or terminating the ongoing process for recruitment to fill vacancies in respect to the Murang'a County Public Service Board membership.vii)General Damagesviii)Costs of this Petition.ix)Any other relief the Honorable Court may deem just.” 2.In addition to the petition was a Notice of Motion application under a certificate of urgency seeking for the following orders:a.“1. spentb.That the 1st Respondent be and is hereby compelled to comply with Order 1 of the Court Orders issued on the17th July, 2025 immediately and not later than Two(2) calendar days from the date of this Order. The said Order reads as follows in verbatim;c."Pending hearing and determination of this application, an order is hereby issued compelling the 1st Respondent to forward a name to the County Assembly of Murang'a for vetting for the position of Chairperson of Murang'a for vetting for the position of Chairperson of Murang'a County Public Service Board from amongst the names shortlisted by the Selection Panel".d.That the Honourable Court do cite the 1st Respondent for being in Contempt of a Court Order issued on the 17th day of July, 2025 and the orders therein.e.That in an order of committal to civil jail be made against the 1 Respondent for such period as this Honourable Court may deem fit and just in that he has blatantly disobeyed and frustrated the express Orders made herein by this Honourable Court on 17th July, 2025.f.That in the alternative to (3) and (4) above, the Honourable Court do impose appropriate fine penalties to the 1st Respondent for being in Contempt of a Court Order issued on the 17th July, 2025 and the Orders therein.g.That this Honourable Court do issue any other orders it may deem just, fit and fair in the circumstances.h.That cost of this Application be in the cause.” 3.The application was opposed vide grounds of opposition dated 22nd September 2025 by the respondents who relied on section 58 (7) of the County Government Act and averred it was mandatory that the Chairperson and Vice Chairperson in the Board should be of opposite gender thus on decline of the selected female candidate, the Chairperson being a male none of the others candidates, being male, could fill the vacancy in the Board, the interim order was thus ongoing illegality. 4.I did ask myself whether this court had jurisdiction over the dispute related to the appointment of members to the county public service board. In my opinion, this was a constitutional process governed by the provisions of the County Government Act. 5.The Court of Appeal in Governor County Government of Kakamega and 4 others vs. Omweno & 12 others KECA 190 held in paragraph 26 that this Court had no jurisdiction in disputes related to appointment and removal of constitutional office holders including holders of offices which are derivative of constitutional provisions such as County Service Board members. The Court of Appeal, in overturning the decision of the court in the matter of the removal of board members, stated that the dispute ought to be ventilated as constitutional questions before the High Court, and not as labour and employment issues before the ELRC. The Court of Appeal ranks higher than this court and applies the doctrine of state decisions, I ought to uphold the decision which I do and proceed to declare this court lacks jurisdiction in the dispute. 6.The court for the foregoing reasons sets aside the interim order granted by Justice Nderi Nduma (as he then was) of 17th July 2025 and strikes out the petition dated 16th July 2025 for want of jurisdiction together with the instant Application. 7.The matter was in the public interest. I make no order as to costs. 8.It is so Ordered. DATED, SIGNED, AND DELIVERED IN OPEN COURT AT NAIROBI THIS 15TH MAY, 2026.JEMIMAH KELI,JUDGE.In The Presence OfC/A OtienoPetitioner-OmbasoRespondent- Mburu h/b Omwanza