Court suspends Kericho county secretary appointment pending hearing

Kericho Governor Erick Mutai. [File, Standard]

The Employment and Labour Relations Court in Kericho has suspended the approval and appointment of Kericho County Secretary after a petition challenged the legality of the recruitment panel.

The court directed Governor Erick Mutai to halt the approval and appointment of any candidate whose name had been forwarded by the panel, pending the hearing and determination of the case.

The petition was filed by Ng’etich Kiplangat Gideon, a resident of Kericho County, who is contesting the composition of the panel tasked with recruiting the County Secretary.

The respondents are Governor Mutai, Kericho County Assembly Speaker Patrick Mutai, and the County Attorney. Five individuals, Rose Chepngeno Kaptich, David Siele, Caleb Cheruiyot Koech, Daisy Cherotich, and Alfred Cheruiyot Rop, appointed to the recruitment panel have been listed as interested parties. “Pending the hearing and determination of the application, the first respondent is restrained from appointing any person whose name has been submitted by the interested parties to the first respondent for appointment as County Secretary, Kericho,” ruled Justice James Rika

According to court documents, the petitioner argues the recruitment panel was unlawfully constituted. “One of the panel members does not qualify as a representative of the private sector, having previously served as chair of the National Labour Board,” the petition states. Another member is accused of not being a paid-up member of the Institute of Certified Public Accountants of Kenya (ICPAK) and of having unresolved disciplinary issues. A third member is alleged to have been appointed without proper clearance from the Law Society of Kenya (LSK).

The petitioner further contends that the panel lacks inclusivity, alleging that all members come from a single ethnic community despite Kericho being cosmopolitan, and that persons living with disabilities were not considered.

Records indicate the County Assembly vetted the panel on December 2, 2025. The panel later invited applications, interviewed candidates and was at the final stage of submitting names to the Governor when the petition was filed. By the time the petition was filed, the panel was at the final stage of submitting names of successful candidates to the Governor for approval and appointment. Justice Rika questioned why the petitioner waited until the process was nearly complete to challenge it. The case will be mentioned on 13 March.