The Employment and Labour Relations Court sitting in Kisumu has temporarily suspended the vetting and approval of nominees for key positions in Homa Bay County, pending the determination of a legal petition challenging the process.
In an order issued on March 30, 2026, Justice Nzioki wa Makau directed that the ongoing vetting exercise be halted until the matter filed by petitioners Michael Kojo Otieno and Evans Otieno Oloo is heard and concluded.
The suspended process involved the approval of several nominees, including the Deputy Governor designate Danish Onyango, as well as county executive committee members.
The court order followed a petition challenging the legality and constitutionality of the vetting process initiated by the County Assembly of Homa Bay after an advertisement published in local dailies on March 20, 2026.
Justice Makau stated: “Pending the hearing and determination of the application inter partes, there be a conservatory order staying the ongoing vetting and approval exercise.”
The affected positions include the office of the Deputy Governor, the Executive for Trade, Industry, Tourism, Marketing and Co-operative Development, and the Executive for Governance and Devolution.
In the petition, Otieno argues that the recruitment and approval process does not meet required legal thresholds and violates constitutional procedures.
He is also questioning the authority under which the vetting exercise was launched.
The petitioner has sued the Governor of Homa Bay County and the County Assembly, accusing them of proceeding with an unlawful recruitment process.
He is seeking court orders to nullify the vetting exercise, block the appointments, and ensure any future recruitment strictly follows constitutional and legal requirements.
The court has directed that the application be served to all respondents ahead of a hearing scheduled for April 28, 2026, and warned that disobedience of the order would attract legal consequences.
The ruling now casts uncertainty over the county’s leadership restructuring, as the affected positions remain unfilled until the case is determined.
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