The Employment and Labour Relations Court has stopped the appointment of Dr Paul Wanyeki Machocho as director-general of the Technical and Vocational Education and Training Authority (TVETA).
Justice Monica Mbaru also barred Education CS Julius Ogamba from gazetting Dr Machocho’s appointment, pending the hearing of a case challenging his appointment.
The order follows concerns over a letter issued by Head of Public Service Felix Koskei clearing Dr Machocho’s appointment.
“To secure the rule of law and to allow the court to hear the Preliminary Objection, a conservatory order is hereby issued staying the decision, direction, and communication of the 3rd Respondent contained in the letter Ref. No. SH/GM/19/VOL. VI dated 23rd July 2026, purporting to offer no objection or concurrence to the recruitment and appointment of Dr. Wanyeki Paul Machocho as Director General TVETA,” Justice Mbaru said.
The court directed that the case be heard on September 22 after the Ministry of Education and TVETA raised preliminary objections.
Mr Shem Osiemo Mokaya filed the petition seeking to quash an Executive Circular issued last year requiring State corporations to obtain the concurrence of the Head of Public Service before appointing chief executive officers.
He is also challenging the subsequent “no objection” letter issued by Mr Koskei clearing Dr Machocho’s appointment as TVETA director-general.
Mr Mokaya argues that the circular unlawfully interferes with a recruitment process governed by statute.
He wants the court to stop Mr Ogamba and TVETA from relying on Executive Circular No. OP/CAB.9/1 or the July 23, 2026, clearance letter to complete the recruitment process.
Head of Public Service Felix Koskei.
Photo credit: File| Nation Media Group
According to the petitioner, Section 9 of the TVET Act gives the Education Cabinet Secretary the mandate to appoint the TVETA director-general upon the recommendation of the authority’s board, without requiring concurrence from the Head of Public Service.
He argues that Mr Koskei’s intervention undermined the independence of the TVETA Board and the Public Service Commission by introducing an additional layer of executive control into the recruitment process.
Court documents show that the TVETA Board declared the director-general’s position vacant on May 26, 2026, and conducted a competitive recruitment process.
Following interviews, the board ranked Josiah Moriasi first, Dr Machocho second and Dr Leah Wangari Kaburu third.
Mr Mokaya says that despite the board completing the recruitment process, the results were forwarded to the Head of Public Service in accordance with the circular.
The circular requires State corporations to obtain the Head of Public Service’s concurrence before appointing chief executives.
The petitioner argues that Mr Koskei’s July 23, 2026, letter giving “no objection” to the appointment of Dr Machocho, who was ranked second, effectively overturned the outcome of the competitive recruitment process.
