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The Employment and Labour Relations Court sitting in Bungoma has dismissed a petition filed by politician Rodgers Siboe Muyala, who sought to stop the ongoing interviews for the appointment of members to the Bungoma County Public Service Board.
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Justice Nderitu, in a ruling delivered on Thursday, upheld the County Governmentโs position that Mr. Siboe was ineligible for shortlisting after he vied for a political seat in the 2022 General Election.
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Mr. Siboe had moved to court claiming that his exclusion from the shortlist was discriminatory and violated his constitutional rights under Articles 10, 27, 47, and 232 of the Constitution. He argued that his past political candidature should not disqualify him from public service, terming the process unfair and unconstitutional.
However, the County Government, through County Attorney Oringe Waswa, opposed the petition, arguing that the case was premature and that the court lacked jurisdiction to entertain it under Section 12 of the Employment and Labour Relations Act. Mr. Waswa further invoked the Doctrine of Exhaustion, stating that Mr. Siboe had bypassed available administrative remedies.
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The County also maintained that the selection panel had followed the law and acted independently, without influence or bias.
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In his ruling, Justice Nderitu agreed with the Countyโs position, citing Section 58 of the County Governments (Amendment) Act, 2021, which expressly bars any person who has vied for a political position from being appointed or serving as a member of a County Public Service Board.
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โThe petitioner failed to demonstrate that the provision of law barring him had ever been declared unconstitutional,โ the judge ruled, affirming that the County acted within the law.
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The court therefore gave the green light for Bungoma County to proceed with the interviews, marking a decisive victory for the County Government.
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The ruling brings closure to a case that had temporarily cast uncertainty over the recruitment process for the County Public Service Board.
