Petitioner wants 10 PSC officials reprimanded for disobeying court orders

A case has been filed at the Milimani High Court seeking to punish ten officials from the Public Service Commission for allegedly disobeying court orders.

The officials reportedly proceeded with a regulatory process targeting the removal of the Director of Public Prosecutions despite a court directive stopping actions the petitioner says amount to contempt of court and undermine the authority of the Judiciary.

Those named in the application include commissioners Mary W. Kimonye, Joan A. Machayo, Dr. Irene C. Asienga, Francis Meja, Molu Boya, Mwanamaka Amani Mabruki, Harun Maalim Hassan, Dr. Francis Otieno Owino, Jacqueline Manani, and the Commission’s Chief Executive Officer Paul Famba.

The petitioner, Jane Onyango, wants the commissioners and senior officials summoned to court to explain why they should not be cited for contempt and punished.

The dispute arises from orders issued on March 12, 2026, by Justice Joe M. Omido, which halted the formulation, validation and adoption of the Draft Public Service Commission (Removal of the Director of Public Prosecutions) Regulations, 2026.

The court certified the matter as urgent and granted interim orders stopping any further steps in the process, including stakeholder engagement and validation forums.

According to the application, the petitioner served the court order, the petition and supporting documents on March 16, 2026, both physically and via email, and later filed an affidavit of service to confirm compliance.

However, despite the existence of the orders, the petitioner claims the Commission proceeded to convene and conduct an online validation forum on March 23, 2026, which they argue was a key step in advancing the disputed regulations.

The petitioner argues that the officials were fully aware, or ought to have been aware, of the court orders, noting that the orders were clear, public in nature, and directly addressed the process being undertaken by the Commission.

It is further claimed that the validation forum was conducted under the authority of the Commission and involved senior officials, making it a direct violation of the court’s directive stopping the entire process.

“The actions amount to deliberate and willful disobedience of a lawful court order,” the petitioner states, adding that the conduct undermines the authority and dignity of the court.

The petitioner, through lawyer Festus Onyango, now wants the court to summon the officials to appear in person and show cause why they should not be cited for contempt.

They are also seeking orders to nullify and set aside any resolutions, reports or outcomes from the March 23 forum, arguing that they are void and have no legal effect.

Further, the application seeks to have the officials committed to civil jail for up to six months if found guilty of contempt, and to personally bear the costs of the case.

The petitioner maintains that unless the court intervenes, the authority of its orders will be weakened and the case itself risks being rendered meaningless.

The matter is scheduled to be mentioned on April 9, 2026, for further directions.