DNK International By Our Correspondent,Nairobi.
A High Court sitting in Nairobi has ruled that the Public Service Commission (PSC) has powers and authority to transfer, redeploy or audit a senior human resource officer at the Ministry of Lands.
Justice Jemimah Wanza Keli of the Employment and Labour Relations Court delivered the ruling two weeks ago after hearing arguments virtually from lawyers representing the officer and the PSC.
The officer had moved to court seeking to block her transfer, arguing that the commission lacked the power to redeploy her.
In her determination, Justice Keli held that the PSC’s decision fell within the exceptions provided for in its circulars and policy guidelines.
She noted that courts should not interfere with an employer’s internal processes unless there is clear evidence of illegality.
“I found no evidence of malice in the decision by the third respondent. It is unreasonable to expect the third respondent to investigate an officer while the officer is still in office,” Justice Keli ruled, adding that in many cases employers opt to suspend employees during investigations.
The judge further observed that redeployment was a “soft landing option” for the officer, rather than a punitive measure.
“I find no merit in the application. The application is dismissed with costs to the respondent and petitioner in the cause.
The applicant ought to vacate the office and proceed on deployment as per the letter of January 21, 2026, with immediate effect for the investigations to commence,” she ordered.
The officer, through her lawyers, had challenged her transfer to the Ministry of Public Service, declining to report to the new station on grounds that the PSC had no powers to transfer, redeploy or audit her, terming the move unprocedural and illegal.
In a petition dated January 29, authored by Michael Ogosso, Assistant Director of Legal Services at the PSC, the commission maintained that the transfer was not punitive.
Ogosso stated that the decision followed allegations of abuse of office, intimidation and victimisation of staff, corruption, maladministration, irregular appointments, illegal payment of per diem, and arbitrary transfers of officers who had lodged complaints against her.
The PSC told the court that the officer was accorded a fair hearing on January 21 and that her redeployment was necessary to allow investigations to be conducted fairly and independently.
“It would be against the public interest and the exercise of the commission’s mandate for the applicant to remain in the same office during the period the investigations are being carried out,” Ogosso submitted.
In response, the officer argued that the transfer amounted to punishment before investigations were concluded.
She described the allegations as scandalous, malicious and unsupported, noting that some related to events that occurred before her posting to the Ministry of Lands.
The officer further claimed that she had earlier been coerced to step aside to create the impression that she had voluntarily requested a transfer. According to her submissions, once she refused, the PSC issued what she termed a mandatory transfer directive disguised as an administrative decision linked to investigations, which she argued showed that the outcome had already been predetermined.
The case was filed by civil rights activist Aggrey Wafula and listed the Cabinet Secretary for Lands, the Cabinet Secretary for Public Service, the CEO and Secretary of the PSC, the PSC Chairperson, and the HR officer as first to fifth respondents. The Ethics and Anti-Corruption Commission (EACC) was listed as an interested party.
[DNK-International@February 9, 2026]
