Two activists have moved to court to challenge the appointment of Public Service Commission (PSC) chairperson Francis Meja, arguing the recruitment process violated Constitutional term limits for commissioners.
The wo-Magare Gikenyi and Eliud Karanja Matindi, filed the case at the High Court in Nairobi seeking orders suspending Mr Meja from office pending the determination of the suit.
They claim the process allowed a sitting commissioner to assume another role within the same commission, effectively extending his tenure beyond the six-year constitutional limit.
Court filings show Mr Meja was first appointed a commissioner on January 16, 2025, and sworn into office four days later.
Following the expiry of former chairperson Anthony Muchiri’s term, a recruitment panel advertised the vacancy and invited applications from qualified candidates.
The panel later shortlisted and interviewed several applicants, including serving commissioners, before forwarding Mr Meja’s name to the National Assembly for approval.
Parliament endorsed the nomination on February 25, before the President formally appointed him through a Gazette Notice two days later.
Mr Meja then took the oath of office as chairperson on March 4, a move that immediately triggered the legal challenge. The activists argue the Constitution bars commissioners from serving more than one term in the same commission.
In the petition, they say allowing a serving commissioner to become chairperson undermines Article 250(5), which sets a single six-year tenure.
“Unless this court intervenes, this unconstitutional practice will persist and erode the rule of law in public appointments,” the petitioners state.
They further contend that the recruitment panel and Parliament failed to properly interpret the constitutional limit when considering candidates.
According to the filings, the petitioners had raised objections during the recruitment stage and warned authorities that the move risked violating the Constitution. They submitted memoranda to the selection panel in December 2025 and later wrote to the National Assembly before lawmakers approved the nomination.
Despite the objections, MPs endorsed the appointment after considering a report by the Departmental Committee on Labour. The activists now want the court to suspend Mr Meja’s appointment and bar him from exercising the powers of the office until the case is heard and determined.
“Failure to halt the appointment will legitimise an unconstitutional extension of tenure within the same commission,” the petition states. The case will be mentioned on April 7, 2026, when the court will consider the responses and give further directions on the hearing of the application t.
They also seek declarations that the recruitment, nomination, and appointment process breached several laws governing public appointments and leadership standards.
The petition cites alleged violations of statutes, including the Conflict of Interest Act, Leadership and Integrity Act, and the Public Appointments Act.
The activists argue the disputed appointment raises wider concerns about transparency, accountability, and fidelity to constitutional limits in senior public service positions.
