Why Meja's nomination as PSC chairperson has sparked legal firestorm
National
By
Emmanuel Kipchumba
| Feb 03, 2026
The nomination of Francis Meja as Public Service Commission (PSC) chairperson by President William Ruto has ignited a constitutional debate, with experts warning that the process may have violated the Constitution.
President Ruto nominated Meja on January 21, 2026, a move communicated by Chief of Staff and Head of the Public Service, Felix Koskei. The nomination has since been transmitted to the National Assembly for vetting and approval.
However, the circumstances under which Meja was recruited and nominated have drawn criticism, particularly because it is alleged that he was already serving as a commissioner of the PSC at the time he applied, was shortlisted, interviewed, and eventually recommended for appointment as chairperson.
The vacancy arose following the exit of former PSC chairperson Ambassador Antony Muchiri, who left to serve as Kenya’s ambassador to Turkey. Following this, the President established a selection panel that advertised the position, shortlisted candidates, and recommended Meja for the role.
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At the centre of the controversy is Article 233(3)(b) of the Constitution, which states that a person holding a State office is ineligible for appointment as a PSC member. Article 260 defines a State officer to include members of commissions under Chapter Fifteen, explicitly covering PSC commissioners.
Meja joined the PSC as a commissioner in January 2025 and, as of January 29, 2026, was still listed on the commission’s website. The position advertisement explicitly disqualified applicants holding State office, a requirement critics argue was ignored in Meja’s case.
Consumer Federation of Kenya (Cofek) Secretary General Stephen Mutoro said Meja’s participation in the recruitment process while holding a State office breached the Constitution. “Even if the law allowed him to ascend to chairperson, he was not eligible to be interviewed while serving as a commissioner,” Mutoro said, adding that the recruitment process lacked transparency and accountability.
“We do not have the scores or know how candidates were ranked. Access to Information laws should apply in such cases,” he added.
Mutoro warned that allowing the appointment to stand could set a dangerous precedent, enabling State officers to transition to higher constitutional offices without vacating their current positions, potentially extending tenure beyond constitutional limits.
Governance expert Suba Churchill said the appointment raises serious integrity and conflict-of-interest concerns. “As an insider, he was accountable to the very commission facilitating the recruitment, which creates structural bias and discourages scrutiny,” she said.
Churchill noted that while supporters claim the appointment constitutes internal promotion, the Constitution does not provide for such progression within commissions. She argued that the selection panel should have declined to shortlist him and now owes the public an explanation.
The controversy has also reignited questions about political neutrality at the PSC, mandated under Article 232 to uphold impartiality, professionalism, and non-partisanship. In 2022, Meja sought the UDA ticket for Kajiado governor, but lost in the primaries.
Mutoro suggested politics may have influenced the recruitment process. “A year before elections, decisions may be politically skewed, with some seeing Meja as PSC chair and others eyeing his tribal or political influence,” he said.
He added that political capture of the PSC could have serious consequences and said Cofek is considering legal action, including joining existing court cases challenging the appointment. “We have already requested information on the recruitment process,” Mutoro said.