NAIROBI, Kenya, June 27 – The High Court has temporarily stopped the appointment of the incoming Chief Executive Officer of the Commission on Administrative Justice (Office of the Ombudsman), Naisiae Paloshe Tobiko, pending the hearing of a petition challenging the recruitment process.
Justice David Mburu issued conservatory orders on June 25 barring Tobiko from being sworn in, assuming office or executing an employment contract until the matter is heard inter partes on July 2.
The petition was filed by Otieno Ombok and the Sulwe Community-Based Organization, who argue that the recruitment process lacked transparency.
They contend that the Commission on Administrative Justice failed to provide key documents relating to the recruitment despite requests for information.
The court directed the Commission to file and serve copies of the advertisement, public notice and any communication inviting applications for the position of Secretary and Chief Executive Officer, together with proof that the vacancy was publicly advertised.
Justice Mburu also certified the matter as urgent and ordered the respondents to file their responses by July 1, after which the petitioners may submit a rejoinder ahead of the hearing.
The case has renewed scrutiny over recruitment processes within independent constitutional commissions, particularly institutions charged with promoting transparency, accountability and good governance in the public sector.
The Commission on Administrative Justice, commonly known as the Office of the Ombudsman, is mandated to investigate complaints of maladministration in public institutions and promote fair administrative action.
The court has not determined the merits of the petition, and the conservatory orders will remain in force pending the hearing and determination of the case.
