Court suspends nomination process for members of Engineers Board

Justice Gregory Mutai issued conservatory orders stopping the implementation, continuation or completion of the nomination process commenced following an Expression of Interest issued by the IEK on August 25, 2026.

The court also barred the IEK, its officers, Council, committees, agents and representatives from shortlisting, selecting, nominating or transmitting any names to the Roads and Transport  Cabinet Secretary.

The CS has similarly been restrained from acting on, approving, appointing or gazetting any person nominated through the disputed process pending an inter partes hearing.

The orders were issued after Justice Mutai certified Awino's Notice of Motion as urgent and allowed it to be considered during the ongoing court vacation.

Awino has been directed to serve the application on the respondents and the interested party within seven days, after which they will have 14 days to respond.

The application will be heard inter partes on October 26, 2026, before Justice Aburili.

In his application, Awino argues that the nomination process was initiated shortly after the newly elected IEK Council assumed office on August 19, 2026.

He claims that, to his knowledge, the new Council had not held a meeting or passed a resolution authorising the commencement of the nomination process before the Expression of Interest was issued.

Awino wants the court to determine whether the process was lawfully commenced and whether the organ that initiated it had the requisite authority under the IEK Constitution and the Engineers Act.

The Expression of Interest issued on August 25 required interested persons to submit their names by August 28, a short timeline which Awino says created a real risk that the process could proceed to shortlisting, selection and nomination before the court could intervene.

He has also raised concerns over an earlier nomination list submitted by the IEK to the third respondent on November 19, 2025, whose status he says remains unresolved.

According to Awino, starting a fresh nomination process while the earlier list remains unresolved could create competing nominations and appointments to the Engineers Board.

Awino says his application is aimed at preserving the subject matter of the petition and ensuring that the court has an opportunity to determine the legality of the nomination process before it is completed.

He argues that appointments to the statutory regulatory body must be undertaken in accordance with the Constitution and the law, making the matter one of public interest.

The conservatory orders will remain in force pending the inter partes hearing of the application on October 26.