Trans Nzoia leadership faces court backlash for defying reinstatement order

Trans Nzoia Governor George Natembeya before the Senate's CPAC Committee at Bunge Towers, Parliament, Nairobi on June 19, 2025. [Elvis Ogina, Standard]

Trans Nzoia’s leadership faces increasing legal pressure after the Employment and Labour Relations Court declared Governor George Natembeya and two top county officials in contempt.

The two disobeyed a court order in a dispute over the removal of three County Executive Committee members.

In a virtual ruling delivered on February 26, 2026, Justice Maureen Onyango held that the Governor, County Secretary Truphosa Amere, and the County Government of Trans Nzoia had deliberately disobeyed orders issued on January 17 and July 3, 2025.

The judge stated that the conduct of the county leadership met the legal standard for civil contempt.

The conflict arose from Executive Order No. 1 of 2025, issued on January 10 last year, which effectively removed Boniface Wanyonyi Cosmas, Jackson Amboka Wanyungu, and Julia Cherobon Rutto, alias Julie Kichwen, from their respective departments without assigning them new roles.

The court initially suspended the executive order and later annulled it, along with an internal memo dated January 15, 2025.

Despite that ruling, the petitioners informed the court that the county appointed new officials to their former positions. In response, the county argued that the court had only awarded monetary compensation and had not explicitly ordered reinstatement.

“There was no specific directive compelling reinstatement,” the county maintained, insisting that without an explicit order, it was not legally bound to reinstate the officials.

Justice Onyango strongly rejected that argument.

“The effect of quashing an unlawful decision is to nullify it, meaning that the status quo ante is restored,” she ruled.

Once the executive order was invalidated, she emphasised, it lost any legal validity. The continued payment of salaries to the petitioners, she observed, was a clear indication that they remained lawfully in office. The claim that reinstatement required a separate directive was “fallacious,” she added.

While the court found the governor, the county secretary, and the county government culpable, it declined to charge members of the county assembly due to a lack of sufficient evidence.

The contemptors were ordered to end the contempt by reinstating the three officials to their previous or equivalent roles.

The Governor and County Secretary are scheduled to appear in court on May 19, 2026, to explain why they should not be punished.

The ruling has triggered strong reactions from civil society. Samuel Kiboi, Director of the Social Economic Development and Human Rights Alliance (SEDRA), called for immediate compliance.

“We call upon the county government of Trans Nzoia to respect and comply with court orders without hesitation. There should be no harassment or victimisation of the petitioners.

It is deeply troubling that the county proceeded to vet new CEC members while a pending case was before the court, whose ruling has now been delivered. Public offices must operate within the law, and no authority is above judicial oversight,” said Kiboi.