Nakuru Governor Susan Kihika is facing a legal challenge over allegations that she unconstitutionally extended the contract of a senior county official in violation of statutory term limits and proper recruitment procedures.
Dr. Peter Mbae and Laban Omusundi have filed a petition in the Employment and Labour Relations Court challenging the renewal of Joyce Ndegwa’s contract as Secretary and Chief Executive Officer of the Nakuru County Public Service Board.
The petitioners, represented by advocate Peter Okiro, argue that Ndegwa’s continued tenure beyond the statutory six-year non-renewable term violates the County Governments Act and renders the board’s operations unconstitutional.
Central Legal Arguments
According to court documents, Ndegwa was initially appointed to the position for a fixed term from Aug. 1, 2019, to Aug. 1, 2025. The petitioners contend that Gov. Kihika renewed the contract for an additional three years through a letter dated Aug. 29, 2025, without following proper recruitment procedures.
Section 58(1) of the County Governments Act explicitly provides that members of a County Public Service Board shall hold office for a single, non-renewable term of six years, the petition states. The petitioners argue this statutory provision applies to all board positions, including that of secretary.
“The respondents acted knowingly, willfully and in conscious disregard of the Constitution and statute, rendering the Board unconstitutionally constituted,” the court filing reads. “The impugned renewal was carried out without public participation, without disclosure of legal justification and without transparency.”
Implications for County Governance
Mbae and Omusundi warn that the allegedly unlawful board composition poses significant risks to county operations. The Nakuru County Public Service Board exercises statutory powers including recruitment, promotions, disciplinary control and termination of county public officers.
The petitioners argue that decisions made by an unconstitutionally constituted board could expose the county government to litigation and financial losses. They claim any appointments, disciplinary actions or financial commitments undertaken by the board since September 2025 may be invalid.
“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,” the petition asserts, referencing Articles 10, 73 and 232 of the Constitution.
Relief Sought
The petitioners are seeking multiple court orders. They want the court to declare Ndegwa’s contract extension unconstitutional, unlawful and void. They also seek orders nullifying all decisions made by the board after the expiry of its lawful tenure in August 2025.
Additionally, they want the court to compel the county government to reconstitute the board through a fresh, competitive recruitment process that complies with constitutional requirements for merit-based selection and public participation.
In a particularly contentious demand, the petitioners are asking that Ndegwa be ordered to refund all salaries and allowances received since Sept. 1, 2025. In the alternative, they want Gov. Kihika personally held liable for the alleged illegal renewal and surcharged for the payments made to Ndegwa.
Background Context
Gov. Kihika, who became Nakuru County’s first female governor after winning election in August 2022, has faced multiple legal challenges during her tenure. The governor’s administration has been scrutinized over various governance and financial management issues.
Mbae, one of the petitioners, previously served as a member of the Nakuru County Public Service Board before transitioning to politics. He later represented Kabazi Ward as a Member of the County Assembly.
The Employment and Labour Relations Court, presided over by Judge James Rika, has directed the respondents to file their responses within 14 days. The case is scheduled for mention on Feb. 18, 2026.
Neither Gov. Kihika nor Ndegwa had issued public statements regarding the lawsuit at the time of publication. The county government has not yet filed its defense in court.
Legal and Constitutional Framework
The case highlights ongoing tensions between political appointments and constitutional governance requirements in Kenya’s devolved county system. County public service boards were established under the 2010 Constitution to ensure professional and merit-based management of county public services.
The boards operate as independent bodies responsible for establishing and abolishing offices, appointing personnel and exercising disciplinary control. The six-year non-renewable term limit was designed to ensure independence and prevent undue political influence over county civil service operations.
Constitutional experts note that the requirement for open, competitive recruitment processes reflects broader governance principles of transparency, accountability and meritocracy enshrined in Kenya’s Constitution.
