A Nakuru-based surgeon has formally challenged the shortlisting and interviewing of six candidates for the position of Chairperson of the Public Service Commission (PSC), arguing that the process violates the Constitution and the Public Service Commission Act.
In a sworn statement dated December 10, 2025, Dr Magare Gikenyi Benjamin, a consultant trauma and general surgeon working with the Nakuru County Government, contested the inclusion of Francis Meja, Dr Francis Owino Otieno, Mary Kimonye, Molu Boya, Dr Reuben Chirchir and Prof James Tuitoek in the recruitment process.
Dr Gikenyi argues that the selection panel acted contrary to Article 233(2) of the Constitution, read together with Sections 7 and 8 of the Public Service Commission Act, by shortlisting individuals who are either currently serving or have previously served full constitutional terms in the PSC or other independent commissions.
According to the affidavit, four of the candidates — Francis Meja, Dr Francis Owino Otieno, Mary Kimonye and Molu Boya — are currently serving members of the Public Service Commission, having been appointed in January 2025 through Kenya Gazette Notices Nos. 385 and 386. Mary Kimonye serves as vice-chairperson, while the others serve as commissioners.
Dr Gikenyi contends that appointing any of the serving commissioners as PSC chairperson would result in them exceeding the constitutionally permitted single six-year term, contrary to Article 250(6)(a) of the Constitution and Section 7(4) of the PSC Act.
He further argues that Dr Reuben Chirchir, an immediate former PSC commissioner who served a full six-year term, is ineligible for the position, while Prof James Tuitoek should also not have been shortlisted, having previously served a full term at the National Land Commission.
“The Constitution was clear that members of independent commissions serve a single non-renewable term,” the affidavit states, likening the provision to the restriction placed on governors, who cannot serve beyond the prescribed term limits.
The petition also raises integrity concerns regarding PSC vice-chairperson Mary Kimonye, alleging inconsistencies in her application details relating to her county of origin. The affidavit further claims that her continued service, alongside the appointment of her daughter as acting Director-General of the Kenya National Public Health Institute, raises concerns about concentration of senior public offices within one family.
Dr Gikenyi describes the shortlisting of serving and former commissioners as a threat to constitutionalism, arguing that it undermines the independence of commissions as envisioned under Chapter 15 of the Constitution.
He further contends that allowing repeat appointments denies other qualified Kenyans an opportunity to serve and goes against the spirit of fair competition, transparency and inclusivity in public appointments.
The affidavit also raises concerns over the prudent use of public resources, arguing that reappointing individuals who have already served full terms contradicts Article 201(d) of the Constitution on responsible and efficient use of public funds.
“The actions and omissions of the named individuals, taken individually and collectively, amount to greed and unconstitutionality,” Dr Gikenyi states, calling for the recruitment process to be halted and reviewed.
The statement was sworn before a commissioner for oaths in Nakuru. At the time of publication, neither the PSC selection panel nor the affected candidates had publicly responded to the allegations.
