The High Court has temporarily suspended the appointment of Naisiae Paloshe Tobiko as Secretary and Chief Executive Officer of the Commission on Administrative Justice (Office of the Ombudsman) after a petition challenged the transparency of the recruitment process.

Justice David Mburu issued conservatory orders barring Tobiko from assuming office, taking the oath, signing an employment contract or performing any duties until the case is heard.

The petition, filed by Otieno Ombok and Sulwe Community-Based Organisation, claims the recruitment process was conducted without sufficient public disclosure.

The petitioners told the court they requested documents relating to the recruitment, including the advertisement and proof that the position was publicly advertised, but the Commission allegedly failed to provide them.

In response, the court ordered the Ombudsman to produce the advertisement, notice, publication and any other communication inviting applications for the position, together with proof that the vacancy was advertised.

The case now places the Office of the Ombudsman, whose constitutional mandate includes promoting good governance, transparency and accountability across public institutions, under scrutiny over whether it upheld those same principles in recruiting its own chief executive.

Justice Mburu certified the matter as urgent. The respondents have until July 1 to file their responses, with further directions set for July 2.

The court has not determined whether the recruitment process was unlawful, and the conservatory orders will remain in force pending the inter parties hearing.