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By Andrew Mbuva
The High Court in Makueni has declared the recruitment of Wote Municipality Board members unconstitutional and null and void, faulting the County Government for breaching statutory and constitutional requirements in the process.
In a judgment delivered on August 11, 2025, Lady Justice Teresia Mumbua Matheka ruled that Governor Mutula Kilonzo Jnr’s administration failed to demonstrate transparency, public participation, and full compliance with the Urban Areas and Cities Act during the appointments.
The case was filed by Justus and Joseph Kioko Mutisya, who challenged the legality of the appointments, arguing that the process sidelined key constitutional provisions on inclusivity and representation.
They claimed that the County ignored rules on involving professional, private sector, informal sector, and neighborhood associations in nominating board members, as required by law.
While the court found that the two-thirds gender rule had been respected — with five men and four women serving — Justice Matheka noted that there was no proof of representation for youth, persons with disabilities, and marginalized groups.
She faulted the Governor for failing to produce evidence of how appointees were selected, terming the process opaque.
“The Constitutional edict for public participation, transparency and accountability meant that the 1st respondent would be able to demonstrate how the appointees were arrived at… No such evidence was placed before me,” the judge stated.
The court also upheld that board members serve a single five-year term under the law, barring any re-appointments, and issued an order prohibiting any future discrimination in appointments. Each party will bear its own legal costs.
This ruling means the County Government will have to restart the appointment process, this time adhering strictly to the law and constitutional principles of inclusivity, equity, and representation.
