Court blocks John Burugu Njuguna appointment to Refugee Affairs amid PSC controversy

This was after the Public Service Commission (PSC) instructed the Ministry of Interior’s State Department for Immigration and Citizen Services to appoint Njuguna for three years.

In a letter dated July 3, 2024, the PSC indicated that Njuguna was slated to receive a monthly salary range of Ksh.130,160 to Ksh.335,450. 

"This is to convey the decision of the PSC that subject to compliance with the Office of the President's Circular No.OP.3/7A/VOLX/17 of 24/6/2003, Mr Burugu John Njuguna, member Intergovernmental Relations Technical Committee, be appointed to fill the advertised vacaancy in the grade of Secretary, Refugee Affairs," the letter read in part. 

However, court documents from a previous case revealed that the PSC failed to comply with court orders issued earlier in the year. 

On January 29, 2025, Justice Mathews Nderi Nduma issued interim orders restraining the PSC, State Law Office, and others from recruiting or interviewing candidates for the same position, pending a full hearing set for February 18, 2025.

"Pending the hearing and determination of the application, this Honourable Court interim orders is hereby issued restraining the 1st, 2nd and 3rd Respondents from recruiting any persons by inviting applications or conducting interviews for the position of Secretary Refugee Affairs, CSG4 advertised on 23rd January 2024," the ruling read in part. 

The order was issued under a certificate of urgency in a petition filed by Stanley Kyalo Muli against the PSC and other state agencies.

According to the petitioner, the case questioned whether the PSC practised procedural fairness and legal compliance in the recruitment process for the position. 

Further developments are expected as both parties will be given a chance to be heard during the next trial. 

The controversy surrounding the appointment emanated after former Interior CS Kithure Kindiki appointed Njuguna to serve in an acting capacity as Commissioner for Refugee Affairs. 

However, reports indicated that Njuguna never resigned from his earlier position as a member of the Intergovernmental Relations Technical Committee (IGRTC), a role that he was appointed to in June 2020 by former President Uhuru Kenyatta. 

Last week, Immigration PS Dr. Belio Kipsang directed Njuguna to hand over his office and return to his duties at IGRTC, a move that Njuguna termed as irregular, citing that he had not drawn any salary from the Department of Immigration during his time at the Refugee Affairs Secretariat.