The Employment and Labour Relations Court in Kisumu has temporarily halted the vetting and approval of nominees for key positions in Homa Bay county.
The nominees include Deputy Governor Danish Onyango and county executives following a petition challenging the process.
In an order issued on March 30, 2026, Justice Nzioki wa Makau directed that the ongoing vetting exercise be suspended pending the hearing and determination of a petition filed by Michael Kojo Otieno and Evans Otieno Oloo.
The court issued a conservatory order stopping the process initiated by the County Assembly of Homa Bay following an advertisement published in one of the dailies on March 20, 2026.
The positions affected include the office of the deputy governor, executive for trade, industry, tourism, marketing and co-operative development and executive for governance and devolution.
“Pending the hearing and determination of the application inter partes, there be a conservatory order staying the ongoing vetting and approval exercise,” ruled Justice Makau.
In his petition, Otieno raises concerns over the legality and constitutionality of the vetting and approval process, arguing that it does not meet the required legal thresholds and due process.
He is challenging both the procedure and the authority under which the exercise was initiated.
The petitioner has sued Homa Bay governor and the county assembly as respondents, among others, accusing them of proceeding with the recruitment and vetting process in a manner he terms unlawful.
Among the prayers sought, Otieno is asking the court to declare the vetting process invalid, stop the appointments and issue orders restraining the respondents from continuing with the exercise.
He is also seeking the court’s intervention to ensure any future process adheres to constitutional and legal provisions.
The court directed that the application dated March 25, 2026, be served on the respondents ahead of the hearing scheduled for April 28, 2026.
A penal notice issued alongside the order warned that any disobedience of the court directive would attract legal consequences.
The ruling now throws into uncertainty the county’s leadership reorganisation process, as the affected offices remain unfilled until the case is heard and determined.
