Nakuru Governor Susan Kihika, the County Government and the County Public Service Board (CPSB) have been sued over the alleged unconstitutional renewal of the contract of the Board’s Secretary and Chief Executive Officer, Joyce Ndegwa.
Dr Peter Mbae and Laban Omusundi, through advocate Peter Okiro, have named Ndegwa, the County Public Service Board, the Nakuru County Government and Governor Kihika as respondents in the petition.
The duo argues that Ndegwa continues to occupy the office of the CPSB Chief Executive Officer without lawful authority after her term expired and was allegedly renewed unlawfully, contrary to Section 58(1) of the County Governments Act.
They claim the respondents acted knowingly, wilfully and in blatant disregard of the Constitution and statute, rendering the continued operations of the Board illegal.
Mbae and Omusundi claim that the Board, as currently constituted, is unconstitutional and unlawful, yet it continues to exercise statutory powers including recruitment, promotions, disciplinary control and termination of county public officers.
They warn that any decisions, appointments, disciplinary actions or financial commitments undertaken by an unlawfully constituted Board pose a real and imminent risk of irreparable harm, illegality and exposure of the County Government to litigation and loss of public funds.
“The continued operation of the Board in its current unconstitutional state undermines the rule of law, public confidence in county institutions and the constitutional values under Articles 10, 73 and 232 of the Constitution,” the petition reads in part.
The petitioners note that Section 58(1) of the County Governments Act expressly provides that members of a County Public Service Board shall hold office for a single, non-renewable term of six years.
They state that Ndegwa was appointed Secretary/Chief Executive Officer of the Nakuru County Public Service Board for a fixed term running from August 1, 2019 to August 1, 2025, which lawfully lapsed.
Mbae and Omusundi further claim that upon expiry of the Board’s tenure, the positions within the Board, including that of Secretary, were declared vacant.
However, despite full knowledge of the expiry of tenure and the clear provisions of the law, Governor Kihika, through a letter dated August 29, 2025, renewed or extended Ndegwa’s contract by a further three years, from September 1, 2025 to August 31, 2028, without subjecting it to an open, competitive and merit-based recruitment process.
“The respondents acted knowingly, wilfully and in conscious disregard of the Constitution and statute, rendering the Board unconstitutionally constituted. The impugned renewal was carried out without public participation, without disclosure of legal justification and without transparency,” the suit states.
The petitioners want the court to declare that the renewal or extension of Ndegwa’s contract through the Governor’s letter dated August 29, 2025 is unconstitutional, unlawful and null and void.
They also seek orders declaring all decisions made by the Nakuru County Public Service Board after the expiry of its lawful tenure null and void.
They want the court to quash the renewal of Ndegwa’s contract and compel the County Government to reconstitute the Nakuru County Public Service Board through a fresh recruitment process.
In addition, they are asking the court to order Ndegwa to refund all salaries and allowances paid to her from the time she allegedly assumed office illegally on September 1, 2025 to date.
In the alternative, they want Governor Kihika to be personally held liable for the alleged illegal renewal and be surcharged for the salary and allowances earned by Ndegwa from September 1, 2025.
Employment and Labour Relations Court Judge James Rika has given the respondents 14 days to file their responses.
The case will be mentioned on February 18, 2026.
