Head of Public Service Felix Koskei has suffered a major setback after the Employment and Labour Relations Court suspended his decision backing the appointment of the second ranked candidate as Director General of the Technical and Vocational Education and Training Authority.
Justice Monica Mbaru also barred Education Cabinet Secretary Julius Migos Ogamba from gazetting the appointment of Dr Paul Wanyeki Machocho until the court determines a petition challenging Koskei’s role in the recruitment of chief executives of State corporations.
The dispute arose after the TVETA board conducted a competitive recruitment exercise and submitted the results to the Ministry of Education on July 9, 2026.
Josiah Arabu Moriasi emerged first with 84.9 percent, followed by Dr Machocho with 80.4 percent, while Dr Leah Wangari Kaburu finished third with 78.9 percent.
Following the results, Ogamba wrote to Koskei recommending Moriasi for appointment because he was the highest ranked candidate in the interviews.
The CS cited Section 9 of the Technical and Vocational Education and Training Act, which provides that the authority’s Director General should be appointed by the Cabinet Secretary on the recommendation of the TVETA board following a competitive recruitment process.
Koskei had earlier approved the recruitment of the Director General through a letter dated April 15, 2026.
Despite the board’s ranking and the recommendation submitted by Ogamba, Koskei wrote back on July 23, 2026, stating that his office had no objection to the appointment of Machocho, who had finished second.
Koskei asked the Education CS to proceed with the necessary steps to formalise Machocho’s appointment.
The decision was challenged in court by Shem Osiemo Mokaya, who is questioning the legality of an Executive Office of the President circular requiring State corporations to obtain the concurrence of the Head of Public Service before appointing their chief executives.
Mokaya argues that the circular gives the Head of Public Service powers that are not provided for under the Constitution or the laws governing the affected State agencies.
The petition also questions whether Koskei could disregard the outcome of a competitive recruitment process and back a candidate who had not been recommended by the TVETA board and the Education CS.
In orders issued on August 10, Justice Mbaru stayed Koskei’s decision, direction and communication contained in his July 23 letter offering concurrence for Machocho’s recruitment and appointment.
The judge also ordered Ogamba not to gazette the appointment and directed the parties to maintain the position that existed on July 23.
The court said the preliminary objections raised by the respondents and interested parties presented serious questions of law that must be heard and determined on their merits.
The orders do not appoint Moriasi or finally determine who should become the next TVETA Director General. They temporarily block Machocho’s appointment while the court considers the legality of Koskei’s intervention and the circular upon which it was based.
The preliminary objection will be heard on September 22, 2026.