The Employment and Labour Relations Court has certified as urgent a petition challenging a government directive requiring State corporations to obtain clearance from the Head of Public Service before appointing chief executive officers.

The petition seeks to quash an Executive Circular issued last year directing State corporations to seek the concurrence of the Head of Public Service in CEO appointments.

It also challenges a subsequent "no objection" letter issued by Head of Public Service Felix Koskei clearing the appointment of Dr Paul Wanyeki Mochocho as director-general of the Technical and Vocational Education and Training Authority (TVETA).

"The application dated August 3, 2026 is hereby certified urgent. The court will allow short timelines for a response," the court said and directed the matter to be heard on August 10.

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The petition was filed by Shem Osiemo Mokaya, who argues that the Circular unlawfully interferes with a recruitment process governed by statute.

Mr Mokaya is seeking orders restraining Education CS Julius Ogamba and TVETA from relying on Executive Circular No. OP/CAB.9/1 or the July 23, 2026 clearance letter to conclude the recruitment.

According to the petitioner, Section 9 of the TVET Act gives the Education Cabinet Secretary the sole mandate to appoint the TVETA director-general upon the recommendation of the board, without requiring concurrence from the Head of Public Service.

Education Cabinet Secretary Julius Ogamba during a past event.

Photo credit: Wilfred Nyangaresi | Nation Media Group

He contends that the intervention by Mr Koskei undermines the independence of the TVETA Board and the Public Service Commission and introduces an unlawful layer of executive control into a merit-based recruitment process.

He also wants the court to compel the Education CS and the TVETA Board to complete the recruitment in accordance with Section 9 of the TVET Act and Article 232 of the Constitution by appointing the highest-ranked candidate recommended by the board, without executive interference.

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Court documents show that the TVETA Board declared the position vacant on May 26, 2026 and conducted a competitive recruitment process.

Following interviews, the board ranked Josiah Moriasi first, Dr Paul Wanyeki Mochocho second and Dr Leah Wangari Kaburu third.

The petitioner says that although the board had completed the recruitment process, the results were forwarded to the Head of Public Service pursuant to Executive Circular No. OP/CAB.9/1, issued on April 8, 2025, which requires State corporations to obtain concurrence before appointing chief executives.

He argues that Mr Koskei's letter dated July 23, 2026, giving "no objection" to the appointment of Dr Mochocho, the second-ranked candidate, effectively overturned the outcome of the competitive recruitment process.

Chief of Staff and Head of Public Service Felix Koskei.

Photo credit: File| Nation Media Group

The petition further claims that Mr Ogamba is poised to formalise and gazette Dr Mochocho's appointment on the strength of the clearance letter.

Mr Mokaya argues that both the circular and the clearance letter violate the constitution by introducing an extra-statutory approval process that undermines the principles of merit, transparency, accountability and the rule of law in the appointment of chief executives of State corporations.

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