The High Court has reaffirmed its decision to dissolve the Meru County Public Service Board (MCPSB) after finding that the team was unconstitutionally constituted and violated the mandatory two-thirds gender rule. The ruling, delivered on Tuesday, marks a significant victory for gender representation advocates and reinforces long-standing concerns over non-compliance with constitutional provisions by county governments. The judgment effectively nullifies the board’s mandate and compels Meru County to restart the recruitment and vetting process for a legally compliant team.
The case stemmed from a petition challenging the composition of the board, which critics argued failed to reflect Kenya’s constitutional commitment to gender balance in public appointments. The court had earlier issued orders dissolving the board, prompting an appeal from some county officials who argued that disbanding the team would disrupt service delivery and interfere with ongoing personnel processes. However, in its fresh decision, the High Court dismissed these arguments and upheld the earlier ruling, emphasizing that adherence to the Constitution cannot be treated as optional. The judges further noted that the violation was substantial, not procedural, and that allowing the board to continue operating would set a dangerous precedent for governance at the county level.
The ruling is expected to trigger significant administrative changes in Meru, as the county government will now be required to reconstitute the board in line with legal requirements. Governance experts say the verdict sends a strong message to other counties with similar non-compliant boards and underscores the national judiciary’s growing willingness to enforce the gender equity provisions of the Constitution. While some stakeholders welcomed the decision as a step toward accountability and inclusivity, others expressed concern over potential delays in hiring, promotions, and disciplinary processes that depend on a functioning service board. The Meru County Government is yet to issue a formal statement on the next steps, but observers expect a fresh recruitment exercise to begin in the coming weeks.